Full Description
This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times.
Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law.
This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.
Contents
Table of Abbreviations
Table of Case Law
Table of Commission Decisions and Decisions of National Competition Authorities
Table of Legislation
Foreword
Suzanne Kingston
Introduction
Carlo Maria Colombo, Kathryn Wright and Mariolina Eliantonio
PART I: POWERS AND AIMS OF EU COMPETITION LAW
1. EU Competition Law and Democracy in the Shadow of Rule of Law Backsliding
Kati Cseres
2. Digital Technology Disruptions and Competition Law Enforcement: A Stress Test for the Existing Governance and Enforcement Frameworks?
Pieter Van Cleynenbreugel
3. The Clash of Titans: EU Competition and State Aid Law and the Impact of the EU Green Deal
Alicja Sikora-Kaleda
4. From Crisis Cartels to COVID-19 State Aid and Cooperation: The Non-Exceptionality of Crisis Management by EU Competition Law
Francisco Costa Cabral
PART II: ACTORS AND DYNAMICS IN EU COMPETITION LAW
5. Levelling the Playing Field: EU Regulatory Extension Through Technocratic Cooperation
Kathryn Wright
6. Shaping the EU's Competition Law and Policy: Space for Multiple Actors?
Giorgio Monti
7. The Role of Companies in the Strategic Turn of EU Competition Law
Fernando Pastor-Merchante
8. The Response of EU Courts to Society's Digital and Green Challenges in the Field of Competition and State Aid
Phedon Nicolaides
PART III: INSTRUMENTS AND PROCEDURES IN A MULTILEVEL COMPETITION LAW LANDSCAPE
9. Repurposing Administrative Procedures to Meet Novel Challenges in EU Competition Law
Filipe Brito Bastos
10. Soft Law in EU Competition and State aid: an Imperfect Solution to Grand Regulatory Challenges
Oana Stefan
11. Unpacking Multilevel Elements in Digital Markets: Informing Effective Enforcement and Remedial Design in EU Competition Law
Maria Ioannidou
12. Governing the Green Transition Through State Aid Control
Carlo Maria Colombo and Matteo Bonelli
13. Creative Compliance and the Politicisation of EU State Aid Implementation in Times of Crisis Nicole Lindstrom
Conclusions
Carlo Maria Colombo, Kathryn Wright and Mariolina Eliantonio
