The Consistent Application of EU Competition Law
Substantive and Procedural Challenges
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Beschreibung
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law.
This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law.
This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justiceon Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
Brings together papers by judges, academics, policy makers and practitioners in an interdisciplinary collection on the issue of national enforcement of EU competition law Provides in-depth analysis of the most important limitations of, and the challenges facing, the applicability of Articles 101 and 102 TFEU at national level Facilitates a more comprehensive understanding of the difficulties of the national application of EU competition law from both substantive and procedural perspectives
Autor*in
Adriana Almășan
Themen in »The Consistent Application of EU Competition Law«
Application of EU Competition Law EU Competition Policy Harmonized Enforcement of Articles 101 And 102 TFEU Antitrust Enforcement Convergence within the European Competition Network European Court of Justice EU Competition Law Application of Articles 101 and 102 TFEU Public Investments Uniform Applicability of EU Competition Law EU Competition Rules Criminalisation and Regulation Private Enforcement of Competition Law Articles 101 and 102 TFEU and Arbitration