Overview
- Provides the profound examination of the travaux préparatoires of the EU competition law enforcement legislation (both public and private) from an historical perspective
- Identifies the EU competition law cases (based on Articles 101 and/or 102 TFEU) in all Member States with the specific emphasis on 'newer' Member States during a period between 1 May 2004 and 1 May 2014
- Explores the EU competition law enforcement at national level: past and current challenges in ‘older’ as well as ‘newer’ Member States (including Croatia)
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About this book
This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field.
While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive.
Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.
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Keywords
Table of contents (7 chapters)
Authors and Affiliations
Bibliographic Information
Book Title: Harmonisation of EU Competition Law Enforcement
Authors: Jurgita Malinauskaite
DOI: https://doi.org/10.1007/978-3-030-30233-7
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-30232-0Published: 26 November 2019
Softcover ISBN: 978-3-030-30235-1Published: 26 November 2020
eBook ISBN: 978-3-030-30233-7Published: 15 November 2019
Edition Number: 1
Number of Pages: XIII, 272
Number of Illustrations: 1 b/w illustrations
Topics: European Law, Private International Law, International & Foreign Law, Comparative Law , European Integration, International Economic Law, Trade Law