Journal of European Competition Law & Practice最新文献_第3页

Restriction by Object: the French Banking Fee Saga 对象限制：法国银行手续费传奇

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-09-20 DOI: 10.1093/jeclap/lpab070

Constance Bocket

引用次数: 0

Greening Antitrust: Lessons from the ACCC’s Authorisation of a Recycling Co-Operation Agreement 绿色反垄断:来自ACCC授权回收合作协议的教训

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-09-11 DOI: 10.1093/jeclap/lpab072

Gaetano Lapenta, Matteo Giangaspero

引用次数: 0

Will COVID-19 Make or Break EU State Aid Control? An Analysis of Commission Decisions Authorising Pandemic State Aid Measures COVID-19将成就或破坏欧盟国家援助控制?委员会授权流行病国家援助措施的决定分析

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-08-31 DOI: 10.1093/jeclap/lpab060

I. Agnolucci

{"title":"Will COVID-19 Make or Break EU State Aid Control? An Analysis of Commission Decisions Authorising Pandemic State Aid Measures","authors":"I. Agnolucci","doi":"10.1093/jeclap/lpab060","DOIUrl":"https://doi.org/10.1093/jeclap/lpab060","url":null,"abstract":"EU State aid control has been a tool for the Member States to swiftly counteract the economic losses of the COVID-19 crisis and keep businesses afloat. The present paper assessed how the recent relaxation of EU State aid control by the Temporary Framework for State Aid (TF) has changed the substance and the enforcement of EU State aid rules and whether these changes will have a long-lasting impact on the internal market. An analysis of EU Commission’s Decisions authorising State aid between March and December 2020 shows that the distribution of aid has been geographically disproportionate. Thus, the Temporary Framework might have enhanced disparities between Member States and undermined the level playing field. Second, the study engages with sectoral aid, as to evaluate what sectors have been the most aided by State resources during the pandemic. Evidence shows that the traditional policy objectives, such as environmental policies, research & development & innovation (RDI) and regional aid have been set aside in order to aid companies in financial hardship. Two case studies are further analysed, RDI and the aviation sector. In conclusion, as the Temporary Framework represents a critical junction in the evolution of EU State aid control, the article aims to take stock of the lessons learnt from the Commission Decisions authorising pandemic aid to reflect on the future of EU State aid control and eventually formulate normative recommendations.","PeriodicalId":51907,"journal":{"name":"Journal of European Competition Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44774209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8

New Times for Competition Policy in Europe: the Challenge of Digital Markets 欧洲竞争政策的新时代：数字市场的挑战

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-08-24 DOI: 10.1093/jeclap/lpab067

Pablo Ibáñez Colomo

{"title":"New Times for Competition Policy in Europe: the Challenge of Digital Markets","authors":"Pablo Ibáñez Colomo","doi":"10.1093/jeclap/lpab067","DOIUrl":"https://doi.org/10.1093/jeclap/lpab067","url":null,"abstract":"European competition policy is in the midst of a fundamental transformation. The ongoing tectonic movements are in every way comparable in relevance to the modernisation era and the rise of the ‘more economics-based approach’, which took o two decades ago. The winds of change will impact on the substantive aspects of the law, the institutions through which it is enforced and the very philosophy underpinning the system. The implications are not easy to calibrate at present, but the direction of travel is clear. Over the past 20 years, enforcement has been marked by caution and the emphasis on the speci c circumstances of each case. By contrast, the emerging ethos favours fast and decisive action to match the pace of change in online markets. In relative terms, this new incarnation of competition policy is less concerned with minimising errors. In addition, it does not seem to shy away from the administration of complex remedies—the very remedies that had long been con ned to exceptional circumstances. Although the reorientation of the discipline can be witnessed across the board, the focus has been placed, by and large, on digital markets. Online platforms—due not only to their sheer power but also to the economic features of the markets in which they operate—are deemed to demand an ad hoc set of rules. The adoption of sectorspeci c regimes (both at the EU andMember States’ level) is the single most visible manifestation of the new competition policy. Enforcement will no longer rely exclusively on Articles 101 and 102 TFEU (and their national counterparts). These sectoral initiatives are the best rationalised as a hybrid between competition law and traditional forms of economic regulation. Like the former, they are a response to (even a codi cation of) a number of concerns that have been examined by competition authorities. Like the latter, they provide for a number of ex ante duties without requiring an assessment of object or e ect of the underlying practices. Formally speaking, sector-speci c regimes have been presented both as an adjustment of competition law and","PeriodicalId":51907,"journal":{"name":"Journal of European Competition Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44252201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

No Automatic Moving Up in the Leniency Queue: Case C-694/19 P Italmobiliare 在宽大队列中没有自动上移:案例C-694/19 P italmobilare

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-08-17 DOI: 10.1093/jeclap/lpab064

Georgia Tzifa

引用次数: 0

The Law on Fines Imposed in EU Competition Proceedings: A Judicial Paradox 欧盟竞争诉讼中的罚款法律:一个司法悖论

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-08-13 DOI: 10.1093/jeclap/lpab063

É. Serre, Eileen Lagathu

引用次数: 0

Why the Proposed DMA Might Be Illegal under Article 114 TFEU, and How to Fix It 根据TFEU第114条，为什么拟议的DMA可能是非法的，以及如何解决它

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-08-05 DOI: 10.1093/jeclap/lpab059

A. Pablo, N. Fernández

引用次数: 4

The Essential Facilities Doctrine and the Bronner Judgment Clarified: Case C-165/19 P Slovak Telekom v Commission 基本设施原则和布朗纳判决澄清:案例c -165/ 19p斯洛伐克电信诉委员会

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-08-02 DOI: 10.1093/jeclap/lpab057

Katarzyna Czapracka

引用次数: 2

Single Sanction for Effects of Single Strategy in Multiple Markets—‘Ne Bis in Idem’ Recognised by the Highest Administrative Court in Turkey 单一策略对多个市场影响的单一制裁——土耳其最高行政法院认可的“一事不再理”

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-07-28 DOI: 10.1093/jeclap/lpab061

G. Gürkaynak, K. Öztürk, Aydeniz Baytaş

引用次数: 0

Digital Markets Act: A Regulatory Perspective 数字市场法案:监管视角

IF 0.7

Journal of European Competition Law & Practice Pub Date : 2021-07-27 DOI: 10.1093/jeclap/lpab058

F. Chirico

引用次数: 6