Download Competition Policy in the EU: Fifty Years on from the Treaty by Xavier Vives PDF
By Xavier Vives
A quantity that takes inventory and appears forward at the improvement and implementation of pageant coverage within the eu Union fifty years after the Treaty of Rome. festival coverage has emerged as a key coverage within the european with festival appearing because the motive force for fiscal potency and the welfare of voters. Case legislations has been demonstrated to regulate and stop anti-competitve habit, kingdom reduction regulate has consolidated and advanced in the direction of a extra fiscal procedure, and the authority of the EC and the judicial assessment of the courtroom of the 1st example (CFI) and the eu court docket of Justice (ECJ) are firmly etsablished. The e-book offers an fiscal method of festival coverage and displays the most parts of curiosity, open matters and growth within the zone. the amount examines the layout of festival coverage associations, the evolution of the implementation of festival coverage and its convergence or divergence with US perform, restrictive practices, cartels, abuse of dominance, merger keep watch over and kingdom aids. the quantity additionally analyses the interplay of festival coverage and legislation, and experiences its program to telecoms, banking and effort sectors. All chapters are written by way of leadfing experts combining theoretical with useful wisdom and discussing the underpinings of the applying of legislations.
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Extra resources for Competition Policy in the EU: Fifty Years on from the Treaty of Rome
Sample text
It reinforced the ‘one-stop shop’ concept, and clarified the substantive test so that the Commission now has the power to investigate all types of harmful scenarios in a merger, from dominance by a single firm to coordinated and non-coordinated effects in oligopolistic markets. The 2004 Regulation also introduced a new streamlined referral system in order to put in place a more rational corrective mechanism of case allocation between the Commission and Member States. It ensured that the authority or authorities best placed to carry out a particular merger investigation should deal with the case.
An example of the sophisticated approach would be the telecommunications sector, where markets are defined and regulation applies in those markets where competition is not effective. Hellwig highlights the problems that plague the sophisticated approach and wonders whether it would not be better to fall back into a ‘naive’ approach. Among the problems are that the market definition does not coincide with the usual competition policy definition, which is narrower, despite the fact that systemic effects are not taken into account.
The 2004 Merger Regulation was complemented by Guidelines on the assessment of horizontal mergers. These Guidelines set out the analytical approach the Commission takes in assessing the likely competitive impact of mergers and reflect the re-wording of the substantive test for the competitive assessment of mergers in the 2004 Merger Regulation. The objective was to provide guidance to companies and the legal community alike as to which mergers may be challenged. The Guidelines explain the circumstances in which the Commission may identify competition concerns, but also provide clear quantitative indications 27 Philip Lowe as to when the Commission is unlikely to intervene—for example, when a merger results in market concentration levels below certain specified levels.