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The Impact of the Damages Directive on the Enforcement of EU Competition Law
This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.
Competition Law, Regulation and Digital Platforms
This book confronts and analyses how competition law in its present form is unable to deal with the new advances in digital technology that have made tech giants not subject to national jurisdictions as they straddle the world, with a particular focus on Japan, China, UK, EU and USA. Demonstrating how the gatekeeping role of digital platforms has broken through the boundaries of national regulation, this book highlights examples where companies have broken and infringed antitrust law with impunity, pursuing self-preferencing and unfair competition practices solely for their own profitability. It also identifies how tech giants can open their digital platforms for fair use by consumers, small...
The Internal Market Ideal
The Internal Market Ideal is an essay collection honouring Professor Stephen Weatherill. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), this volume celebrates Weatherill's scholarship and examines the legal issues surrounding the semi-integrated market of the European Union.
Competition Law in Times of Crisis
This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition law, the existence of identifiable baselines applicable in crisis conditions, the ability and role of national competition authorities in applying competition law...
The New EU Competition Law
This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes th...
Michigan Law Review
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Sing Out
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From Coercion to Cooperation
This paper explores the proliferation of settlement mechanisms within contemporary antitrust enforcement pursued by the European Commission under Regulation 1/2003. To do so, it develops a taxonomy of settlement devices deployed in recent enforcement activity, considering for each the level of cooperation required, alongside what is at stake for defendants and the Commission in terms of the outcome of the administrative process. The chapter then addresses both the underlying motivations, and the broader implications in terms of law and practice, of the shift from coercion to cooperation as the default model of competition enforcement in the EU.
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