The goals of eu competition law and the digital economy beuc. The evaluation is based on both relevant case law and academic criticism. Competition law and policy in south africa competition law. What is the relationship between the law and economic considerations. Basic concepts and case studies nicolas petit university of liege 11 july 2011 summer program in eu and. Institutional design, agency life cycle, and the goals of competition law.
Thus, in addition to the pursuit of efficiency, competition law expresses nonefficiency concerns. Among oecd countries, there appears to be a shift away from use of competition laws to promote what might be characterised as broad public. Legal skills competitions university of arizona law. Lelos kai sia and others 2008 ecr i79, paragraph 65 and caselaw cited. Finally, a proposal is made with regards to what developing countries should aim at achieving with their antitrust law enforcement. Competition law as fairness journal of european competition. This paper presents a retrospective analysis of the evolution of antitrust goals and its relation to competition systems through the existing case law. One of the goals in eu competition law is to avoid markets and companies to be abuse or to fail. Pdf on aug 1, 2015, cassey lee and others published the objectives of competition law find, read and cite all the research you need on. European competition law essay example 68 words cram. It aims to strike a balance between unrestrained interaction of competitive forces and the preservation of our democratic, political and social institutions. One specific example of where competition law will be used to achieve better market integration is the europe 2020 strategy. Today, over 100 countries have competition law regimes and competition law enforcement agencies.
The chapter then turns to the shorter but no less intricate development of eu competition policy, discussing the historical european approaches to competition policy, the connection between u. About the sustainable development goals united nations. We use the word undertakings, you speak of companies. While competition policy aims at correcting choice. Indeed, the discussion of competition law tends to assume the presence of an objective core, departure. Objectives and scope of competition law and policy. A largescale analysis of embedded web trackers accessed 22. Mar 21, 20 the normative perspective is then followed by an analysis of positive eu competition law arriving to the conclusion that the case law of the eu courts is ambiguous as to the existence of a hierarchy of objectives in eu competition law and that the drafting of the lisbon treaty opens the door to a more holistic competition law, in congruent co. The main goal of this essay is to examine the nature of competition law objectives. The types of sanction and remedy that can be imposed for breaches of competition law the public interest factors that should be taken into account decisions on merger proposals or anticompetitive agreements the procedures for appeals from decisions of the competition authority. The politics of competition policy oxford law faculty university of.
This paper focuses on the latter challenge and seeks to outline the scope of eu competition law its purpose and values. Leading scholars consider whether this branch of law. While doing so, it considers how eu competition law should be applied to digital markets. The goals of competition law edward elgar publishing. This section outlines the key goals and values of european competition law its. It aims to strike a balance between unrestrained interaction of competitive forces and the preservation of our. In recent years, teams have participated in the transactional lawmeet, the national animal law competitions, and tulane university law schools mardi gras sports law invitational competition. For competition to exist the articles or services of the. The objectives of competition law and policy note by the oecd. The aim of european competition policy is to facilitate the correct functioning of the. Its application can thus hardly ignore the current tumultuous times which present us with major challenges and risks. The most prominent goals are to achieve market integration and to protect consumer welfare, freedom of action and fairness. Integration of nonefficiency objectives in competition. Pdf some reflections on the question of the goals of eu.
Marianela lopezgaldos george washington university abstract. Our findings point to fears of competition law having a chilling effect on all collaborative sustainability initiatives aimed at increasing incomes for farmers and workers. Elements and goals of eu competition law law european essay. Integration of nonefficiency objectives in competition law ll. The basics of competition law in general, the concept of competition involves the striving of two or more persons endeavouring to obtain the same end. Finally, a proposal is made with regards to what developing countries should. Something similar might be said about competition law in europe and the us. This paper seeks to outline the goals and values advanced by european competition law, and their application to digital markets. Related to efficiency goals, there are as well different. The actual antitrust goals selected by fifty developing countries are then presented. So much so that one is often critical of competition regimes which do not conform to the common worldwide template and values. Competition law and policy committee of the organisation for economic co operation and development. Some reflections on the question of the goals of eu competition law. The final part criticizes the literature on the goals of eu competition law.
Recently, a popular view has emerged calling for greater competition law enforcement to pursue different objectives. The role of competition law in the european union is a clear expression of the aims of the european commission. They address the global challenges we face, including those related to poverty. Katz, 2006 the economics of welfare standards in antitrust. Some reflections on the question of the goals of eu. Eu competition law goals and the digital economy ssrn papers. The study first takes a normative perspective and examines the various goals that have been advanced by competition law literature on the objectives of eu competition law. Overall, it was felt that there is very limited space to discuss even precompetitive efforts to address low farmgate prices. A critical analysis of this literature shows the weaknesses of an economic. What are the normative foundations of competition law.
The current state of the case law of the european courts general court and the court of justice of the eu may cast doubt on the appeal of the theory of a unitary objective welfare or the protection of the competitive process and may indicate that eu competition law adheres to goals pluralism. The volume concludes with a contribution by the conference organiser that draws conclusions from the discussions and presents an additional thesis regarding the goals of. European competition law offers a unique area where law and economics interact to produce an effective internal market. Competition law and policy in south africa south africa aspires to a modern competition policy regime to support the fundamental restructuration of government institutions.
Please see the relevant section of the college of law bylaws pdf for more detail. Using the url or doi link below will ensure access to this page indefinitely. Lelos kai sia and others 2008 ecr i79, paragraph 65 and case law cited. Competition law is a legal discipline that is particularly permeable to changes in economic and political opinions. This overview of the objectives of competition policy across different countries indicates that in most jurisdictions, the basic objectives are to. The macro and micro economic perspective of competition law 26 6. It proceeds to discuss some fundamental concepts about the nature of monopoly and competition policy in order to examine whether or not their goals are contested. The goals of antitrust symposium category fordham law. Does the law indicate that competition as a process ought to be furthered, and as far as this is the case, how does this goal relate to desired. Ncas and the domestic courts are able not only to apply the article 1011 prohibition on anticompetitive agreements but also to declare whether the criteria of article 10 are met by. This is undertaken on a stepbystep basis by firstly presenting the mainstream or.
Mar 30, 2012 what are the normative foundations of competition law. This report analyses and critically evaluates the development and application of eu competition law. The module briefs students about the interface between the competition law and intellectual property rights. Leading scholars consider whether this branch of law serves just one or more than one goal, and, if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare.
The 5th ascola conference goals of competition law may 2729, 2010 rheinische friedrichwilhelmsuniversitat bonn bonn, germany venue. Elements and goals of eu competition law law european essay introduction. And environmental protections are playing an important role as part of a wider political strategy to promote and achieve broader social policy goals. Ip and competition law is resolved in these sectors module overview. Application to participate in other legal skills competitions.
The relationship between ethics and economics 26 6. The eus international influence in competition law and policy. While many overlap in scope, it is possible to highlight their individual significance in the digital environment. The goals of competition law institute for advanced speculative. We start with an essay by manas kumar chaudhuri on the emergence of competition law from its previous avatar of mrtp and the way forward. Transnational antitrust law list of topics goals of. The sustainable development goals are the blueprint to achieve a better and more sustainable future for all. Eu competition law goals and the digital economy by ariel. Pdf the objectives of competition law researchgate. Competition law is a unique law as it stresses the necessity of protecting the process of competition and also refers to the broader political and social policy goals. It can be a rgued that i t is important to state the objectives of competition law as these objectives often exert influenc e on how the law is to be interpreted and enfor ced kaplow, 2014. While doing so, it considers how eu competition law. It may be said to exist whenever there is potential diversion of trade from one to another. The literature on the goals of competition law has become a recurrent and rapidly expanding academic business.
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