EU Competition Litigation Strand, Magnus; Bastidas, Vladimir; Iacovides, Marios C
2019, 2019-05-16
eBook, Conference Proceeding
Odprti dostop
All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not ...only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation. Following up on a previous volume in the Swedish Studies in European Law series, published in 2016, this open access book offers contributions from top practitioners and scholars from all over Europe, who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions. Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
How can economic insights be better used in the interpretation and concretization of the prohibition of abuse under Article 102 TFEU? The author answers this research question and comes to the ...conclusion that the more economic approach to Article 102 TFEU has failed. To prove this, he utilizes the method of qualitative content analysis from social science for the legal analysis of decisions. Subsequently, the author shows that economic insights can be decisive not only for the content of the prohibition of abuse under Article 102 TFEU, but also for the process of interpretation and concretization. He develops a method to translate economic insights into legal rules.
In any market structure, potential competition violations arising from merger, consolidation, and acquisition (M&A) activities cannot be completely avoided. This holds true for digital markets that ...involve multi-sided markets, network effects, and significant consumer data. The intricate nature of the digital market poses a challenge for competition authorities in effectively monitoring M&A transactions between digital companies. A notable example is the GoTo merger, which is set to become the largest digital company in Southeast Asia. To address this issue, this legal research aims to discuss the legal implications of the current notification policy based on Law No. 5 of 1999 by conducting contextual research on digital market operations and studying previous violations committed by foreign digital companies. This research follows a normative legal research approach, employing statutory, conceptual, and case analysis to address the problem formulation. The findings indicate that digital companies possess various possibilities to violate competition law, including monopolistic practices and unfair business competition, if the existing post-merger notification policy remains in place. As many countries are already grappling with complex issues such as data ownership thresholds, Indonesia is taking its initial steps towards implementing changes to its merger policy. By adopting a pre-merger notification policy as a reporting obligation, Indonesia will enable the Commission for the Supervision of Business Competition (KPPU) to assess M&A transactions more effectively and provide legal certainty for businesses regarding the lawfulness of their M&A activities.
This open access book investigates the role of collective bargaining in the gig economy. Despite the variety of situations covered by the term “gig economy”, collective agreements for employees and ...non-employees are being concluded in various countries, either at company or at branch level. Offline workers such as riders, food deliverers, drivers or providers of cleaning services are slowly gaining access to the series of negotiated rights that, in the past, were only available to employees. The chapters analyse recent high-profile decisions including Uber in France’s Court de Cassation, Glovo in the Spanish Supreme Court, and Uber in the UK Supreme Court. They evaluate the bargaining agents in different Member States of the EU, to determine whether established actors are participating in the dynamics of the gig economy or if they are being substituted, totally or partially, by new agents. Interesting best practices are drawn from the comparison, also as regards the contents of collective bargaining, raising awareness in those countries that are being left behind in the dynamics of the gig economy. The book collects the results of the COGENS (VS/2019/0084) research project, funded by the European Union, that gathered scholars and stakeholders from 17 countries. It will be an invaluable resource for scholars, trade unionists and policy makers. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
This volume is based on presentations delivered at a symposium held in May 2015 at the Max Planck Institute for Comparative and International Private Law in Hamburg. It seeks to reinvigorate the ...scholarly exchange which can be traced back to the late 19th century between company law academics in Germany, China, Japan and South Korea. Contributions from all four jurisdictions include papers on directors' liability and capital maintenance as well as studies of the role of shareholders in public companies and the regulation of groups of companies.
Data protection and competition law have been at a crossroads in terms of their integration. Antitrust authorities as well as data protection supervisory authorities have grappled with the question ...of whether both fields of law should be combined into the same analysis. The German competition authority, the Bundeskartellamt, was the first to fuse them in its landmark case against Facebook’s data processing terms and conditions. The exploitative theory of harm put forward by the German NCA is the first of its kind to integrate data protection considerations into the antitrust analysis, namely by drawing a line between an infringement with the General Data Protection Regulation (GDPR) and anti-competitive harm. This case comment outlines its key developments at the national level, to then address the questions that have been answered by the Court of Justice of the European Union, CJEU, in Case C-252/21 concerning the interpretation of the GDPR in the context of competition law.
The last three years have been very dynamic for the competition authority in Serbia. The newly elected Council and President of the Commission for Protection of Competition (Serbian NCA) have brought ...a much-needed change to competition enforcement in Serbia, shifting the focus of enforcement from solely individual cases, to looking at the bigger picture and promoting competition law compliance as the preferred business model. During this period, the Serbian NCA has published several soft-law instruments, issuing its first Guidelines for Drafting compliance programmes, accompanied by a Template compliance programme and two compliance Checklists, aimed at identifying competition law related risks. These materials, meant to raise competition law awareness, were accompanied by vigorous advocacy activities in promoting competition law compliance. The overall aim was to foster voluntary compliance with competition law, promoting competition as a positive value in doing business, and ensuring compliance from the bottom up.
