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The concept of margin squeeze has recently emerged into a stand-alone abuse of dominance under EU competition law. It is no coincidence that this development was triggered by a series of high-profile cases involving former statutory monopolists in newly liberalized telecommunication markets. As...
Persistent link: https://www.econbiz.de/10013113553
Due to the different views in economics the prohibition of excessive prices is among the most controversial subjects within EU competition law. This article aims to shed some light on this concept. In the following, it first identifies the exceptional circumstances that may justify antitrust...
Persistent link: https://www.econbiz.de/10013124716
The source of the ne bis in idem principle in European Union law is found in both the Protocol no. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) and in the legal systems of many Member States. It is enshrined in the jurisprudence of the EU courts as...
Persistent link: https://www.econbiz.de/10013101884
The financial organisations engaged in the electricity and natural gas markets were forced to change, due to the deregulation process. The presence of new players in the markets and changes in demand obliged the existing companies to react. This reaction was not limited to an aggressive...
Persistent link: https://www.econbiz.de/10013069698
This paper examines the controlling role of European competition law in the energy market restructuring in EU after the gradual liberalisation process of previous years and defines the application of European competition law to this framework of restructuring. The particular focus of this paper...
Persistent link: https://www.econbiz.de/10013069699
The first part of a two part article on EC and UK case law on competition in bidding markets, examines EC case law. Discuss economic considerations, particularly auction types and models, the characteristics of ideal bidding markets (illustrated by a diagram) and the impact of collusion, entry...
Persistent link: https://www.econbiz.de/10013071240
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates' General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal...
Persistent link: https://www.econbiz.de/10013072817
By reference to case-law and soft law in three jurisdictions (Canada, US and EU), this paper explores how courts and agencies carry out balancing exercises in the application of competition law. The paper identifies three approaches: utilitarian balancing, consumer welfare balancing, and...
Persistent link: https://www.econbiz.de/10013167243
This paper explores how EU competition law enforcement might be affected by the COVID-19 pandemic. Each section of this paper reviews how various components of EU competition law are impacted. The paper evaluates the state of play and, where relevant, it makes policy proposals for how...
Persistent link: https://www.econbiz.de/10012838688
We investigate the impact of competition policy enforcement on the functioning of European energy markets, and how sectoral regulation influences these outcomes. For this purpose, we compile a new dataset on the European Commission's (EC) and EU member states' competition policy decisions, and...
Persistent link: https://www.econbiz.de/10012951774