Full Description
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.
Contents
Part I: EU Competition Policy and the Harmonized Enforcement of Articles 101 and 102 TFEU -- Chapter 1: The Commission Communication on Ten Years of Antitrust Enforcement under Regulation 1/2003 - Prospective Priorities and Challenges; Cătălin Rusu.- Chapter 2: Convergence within the European Competition Network: Legislative Harmonization and Enforcement Priorities; Bogdan Chirițoiu.- Part II: European Court of Justice Jurisprudence as an Instrument of Harmonization -- Chapter 3: Of Cattle, Crashes and Cards - Recent Case-law of the Court of Justice on Restrictions by Object; Anthony Collins.- Chapter 4: The Concept of Anti-Competitive Object under EU Competition Law: Comparative Perspectives and European Realities; Csongor István.- Chapter 5: Public Investments and the Application of Articles 101 and 102 TFEU; Simona Gherghina.- Part III: Preliminary Rulings - Instruments for the Consistent Application of Articles 101 and 102 TFEU -- Chapter 6: The National Judge and Preliminary Rulings: Articles 101 and 102 TFEU; Camelia Toader.- Chapter 7: The Role of Preliminary Rulings in the Uniform Applicability of EU Competition Law; Jules Stuyck.- Part IV: Selected National Application of Articles 101 and 102 TFEU -- Chapter 8: Uniform Application of Aricles. 101 and 102 TFEU under German Competition Law; Bernd Oppermann.- Chapter 9: Application of Articles 101 and 102 TFEU in France; Rafael Amaro.- Chapter 10: Recent Developments in Romanian Jurisprudence Regarding the Application of Articles 101 and 102; Sorin David.- Chapter 11: Application of the EU Competition Rules by the Hungarian Judiciary; Monika Papp.- Chapter 12: Application of EU Competition Law in Poland - The problem of Too Narrow an Interpretation of the Effect on Trade Criteria; Krystyna Kovalik.- Part V: Jurisdictional Challengesto the Consistent Application of Articles 101 and 102 TFEU -- Chapter 13: European Cartel Criminalisation and Regulation 1/2003: Avoiding Potential Problems; Peter Whelan.- Chapter 14: Private Enforcement of Competition Law and Regulation Brussels 1; Jean Marc Thouvenin.- Chapter 15: Articles 101 and 102 TFEU and Arbitration; Adriana Almășan.
