The Regulation of the State in Competitive Markets in the EU

Author: Erika Szyszczak

Publisher: Bloomsbury Publishing

ISBN: 1847313779

Category: Law

Page: 322

View: 7113

This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.
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Market Integration and Public Services in the European Union

Author: Marise Cremona

Publisher: Oxford University Press

ISBN: 0199607737

Category: Law

Page: 255

View: 7107

This collection offers a timely analysis of the most pressing issues relating to the interaction between market integration and the provision of public services in the EU. Addressing both underlying systemic issues and case-studies of particular service sectors, the book confronts core tensions at the heart of the EU's social and economic policy.
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State Aid and the European Economic Constitution

Author: Francesco de Cecco

Publisher: Bloomsbury Publishing

ISBN: 1782250514

Category: Law

Page: 210

View: 6293

Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.
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The Interface between Competition and the Internal Market

Market Separation under Article 102 TFEU

Author: Vasiliki Brisimi

Publisher: Bloomsbury Publishing

ISBN: 1782254498

Category: Law

Page: 273

View: 3441

This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.
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The Political Economy of the European Union

Author: Dermot McCann

Publisher: Polity

ISBN: 0745638910

Category: Business & Economics

Page: 214

View: 5259

`Dermot McCann has succeeded in producing a superb book on the political economy of the European Union. This rigorous and extremely readable account makes a major contribution to our understanding of the tension between economic governance at the European level and national patterns of governance that often challenge the EU's liberal ambitions.' Alasdair Blair, De Montfort University `The Political Economy of the European Union is a wise, knowledgeable and eminently readable account of the development of EU capitalism. Dermot McCann's study of the impact of EU-driven market liberalization upon national models of capitalism and of the limits and limitations of neo-liberalism is fascinating. The sections on work and welfare and on social Europe and industrial relations are worth the admission price alone. McCann's study of EU capitalism makes an invaluable contribution to comparative political economy.' Richard Dunphy, University of Dundee The core business of the European Union is the creation of an integrated European market. The scale of this project is enormous, covering a wide variety of national `models' of capitalism, many of which are market by a heavy reliance on non-market institutions to govern and coordinate economic activity. The Political Economy of the European Union introduces students to the fundamentals of EU policy towards these national political economic governance institutions and the challenges arising from this evolving relationship. Chapter 1 examines the role of institutions in governing capitalist systems. Chapter 2 explores the evolution of the EU's liberal ambition over the past five decades. Subsequent chapters then analyse the development of EU policy in relation to the governance of product, financial and labour markets. What sort of restructuring has it sought to achieve? How great a challenge do EU policies present to national practices? How effective have been its strategies of Europeanization? In short, to what extent has it effected a liberal transformation in the institutional governance of European capitalism? At issue are fundamental questions concerning the power and status of nation-states in the context of the most ambitious experiment in cooperative regional integration yet witnessed.
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The European Union and the Regulation of Media Markets

Author: Alison Harcourt

Publisher: Manchester University Press

ISBN: 9780719066443

Category: Political Science

Page: 258

View: 5773

National broadcasting and press regulation is undergoing a process of convergence in Europe. This book explains how this process has been shaped by the actions of the European Union (EU) institutions.Alison Harcourt observes that whilst communications is one of the EU's most successful policy areas, European decision-making is eroding the national capacity to regulate for the public interest and has created a situation of regulatory arbitrage in Europe. European-level efforts to protect public interest goals have been constrained by the European Treaties. The author argues that increased European coordination in public interest regulation could be more conducive to growth and competitiveness than the dismantling of existing national laws. This, however, would require changes to the political composition of the European Union.
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Public-Private Partnerships in the European Union

Author: Christopher Bovis

Publisher: Routledge

ISBN: 1317813715

Category: Business & Economics

Page: 224

View: 694

Public procurement in the European Union represents almost twelve per cent of the EU's GDP and is continuing to increase, having been identified as a key objective in the EU's aim to become the most competitive economy in the world by 2010. This book provides a one-stop shop, multi-disciplinary approach to public procurement and will be of use to academics and policy-makers. Providing its readers with practical description and analysis of the relevant policies, law and jurisprudence, the book also explores possible future trends in public procurement regulation.
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The Dynamics of Broadband Markets in Europe

Realizing the 2020 Digital Agenda

Author: Wolter Lemstra,William H. Melody

Publisher: Cambridge University Press

ISBN: 1316062627

Category: Business & Economics

Page: N.A

View: 1133

The European Commission's Digital Agenda for Europe sets the targets for broadband development by 2020, yet current broadband market outcomes vary widely amongst the EU Member States and the objectives seem challenging for many. In this book, a group of in-country experts follows a framework of qualitative and quantitative analysis to capture patterns, commonalities and differences between twelve different European countries, in terms of infrastructure endowments, institutional arrangements, time of joining the EU, behavior of market actors, personal interventions of regulators, the role of municipalities, and the role perception of governments. By exploring how the past explains present broadband market outcomes, these longitudinal country case studies look to how improvements can be made for the future. As the first in-depth study of broadband developments in Europe, this book will be invaluable to policy-makers, regulators, academic researchers, advisors, and consultants working in the fields of telecommunications, broadband development, technology and innovation.
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European Union Law for the Twenty-first Century: Internal market and free movement community policies

Author: Τάκης Τριδίμας,Paolisa Nebbia

Publisher: Hart Publishing

ISBN: 1841134600

Category: Law

Page: 418

View: 2557

Based on the contributions made to the W.G. Hart Workshop 2003, leading experts seek to assess the state of the development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European constitution.
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The Regulation of Power Exchanges in Europe

Author: Martha M. Roggenkamp,François Boisseleau

Publisher: Intersentia nv

ISBN: 9050953174

Category: Law

Page: 311

View: 848

This volume represents an initial effort to analyse the role of power exchanges in Europe and evaluate their impact on the European electricity industry.
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Regulation Strategies in the European Economic Area

Author: Peter-Christian Müller-Graff,Erling Selvig

Publisher: BWV Verlag

ISBN: 3830520050

Category: Electronic books

Page: 144

View: 8731

Hauptbeschreibung Regulation is one of the intensely debated big issues in developed market economies in general and within the European Economic Area in particular. To which extent regulation is reasonable and legitimate in the context of the European market economy and whether existing regulation is supported by strategies in the European Economic Area is the topic of this volume. Its eight contributions analyse three types of issues: the general role of regulation in the European Economic Area, the assessment of specific areas of European regulation (securities, consumer protection, anti-discrimination, environment protection), and criminal law as a new frontier in European regulation.
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The International Dimension of EU Competition Law and Policy

Author: Anestis S. Papadopoulos

Publisher: Cambridge University Press

ISBN: 1139492381

Category: Law

Page: N.A

View: 3219

Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.
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European Union Law for the Twenty-First Century: Volume 2

Rethinking the New Legal Order

Author: Takis Tridimas,Paolisa Nebbia

Publisher: Bloomsbury Publishing

ISBN: 1847311229

Category: Law

Page: 448

View: 2698

This book, to be published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European Law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, sex equality ets. Authors include: Tony Arnull, George Bermann, Marise Cremona, Paul Craig, Eileen Denza, Piet Eeckhout, Koen Lenaerts, Steve Peers, Wulf-Henning Roth, Francis Snyder, Erika Szyszczak, Takis Tridimas and Stephen Weatherill.
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The Regulation of Sport in the European Union

Author: Barbara Bogusz,Adam Jan Cygan,Erika M. Szyszczak

Publisher: Edward Elgar Publishing

ISBN: 1847208568

Category: Law

Page: 250

View: 7060

Globalization not only means fans watching distant contests and leagues exporting their products elsewhere; it also means the ability of knowledgeable academics and policy-oriented fans to learn about how others confront similar challenges. North Americans who realize on reflection that the way we do things is not necessarily natural or the only way will enjoy and profit from the insightful comparative essays in this book. The so-called European Model of Sport is quite different than our own. There are significant parallels between the European effort to distinguish sport and commerce and our own efforts in regard to big-time collegiate sports. The unusual (for North American fans of typical sports leagues) issues with regard to auto racing are quite instructive. A truly horizon-expanding work. Stephen F. Ross, Penn State Institute for Sports Law, Policy and Research, US The purpose of this book is to examine, from an EU perspective, the numerous developments which have taken place in the regulation of sporting activity in the last decade. Uniquely, in addressing these developments, the book adopts an inter-disciplinary approach, involving law, economics and sociology. The chapters place the regulation of sport in the context of the EU regulatory structure which hitherto has emerged in a piece-meal fashion and thus warrants a more holistic approach. The chapters bring together several key themes which arise from the question of whether sport is special? This addresses a growing argument that sporting activity displays unique properties which require a distinct form of regulation that existing competition or free movement rules cannot provide. The book is divided into three parts which reflect the current policy, legislative and judicial discourses that exists in the regulation of sport. The Regulation of Sport in the European Union provides both an academic and practical review of EU law and policy as applied to sport, and as such, this comprehensive overview will be of great interest to EU law academics, economists and political scientists. It will also appeal to legal practitioners and to those with an interest in regulatory processes in the EU.
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The Development of Electricity Markets in the Euro-Mediterranean Area

Trends and Prospects for Liberalization and Regional Integration

Author: Daniel Müller-Jentsch

Publisher: World Bank Publications

ISBN: 9780821349106

Category: Science

Page: 70

View: 2882

Annotation The main objective of this report is to outline key policy issues that need to be addressed in order to achieve energy sector reform at the national and regional levels.
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Investing in EU Energy Security

Exploring the Regulatory Approach to Tomorrow's Electricity Production

Author: Henrik Bjørnebye

Publisher: Kluwer Law International B.V.

ISBN: 9041131183

Category: Law

Page: 456

View: 8762

La 4e de couverture indique : "Since the introduction a quarter-century ago of market-based investments in the production of electricity and other critical services, our awareness of the underlying issues affecting the supply and consumption of energy has changed radically. No longer can Europe (or any region) rely on over-capacity of electricity generation and inexpensive primary energy fuels, or disregard the signs of potentially catastrophic climate change. The author of this timely and sharply focused book shows that, in the light of our current knowledge, ensuring new investments - and the right investments - in electricity generation constitutes an urgent energy policy challenge facing the EU over the coming decades. He accordingly makes the case for a serious reconsideration of the market facilitation and market intervention rules under electricity market legislation in the EU. In the first detailed legal analysis of the EU's internal electricity market framework for investments in electricity generation facilities from the perspective of security of supply, this book cover such legal issues as the following in precise detail : applicability of the Treaty on the Functioning of the European Union (TFEU) ; security of supply as a ground for exemption on the basis of public security ; justifications of public intervention ; the applicability of EU State aid provisions to investments in energy security ; requirements imposed by EU law on Member States for ensuring cost-efficient investments in European supply security ; facilitation of renewable energy sources and cogeneration in the environmental interest ; the Court of Justice's approach to Member State interventions ; the Court's decisions on restrictions on free movement in the environmental interest ; Member States' right to launch tendering procedures for new generation capacity ; Member States' right to impose public service obligations in the general economic interest on certain undertakings ; and relationship between the provisions of the TFEU and those of the Euratom Treaty in relation to investments in nuclear power generation. Throughout the study, in addition to his analysis of the decisions of the Court of Justice and the Court of First Instance, the author takes into account legal literature and Union reports, preparatory works, and working papers. The book demonstrates convincingly that today's energy supply challenges must be based on a broader balancing of security, competitiveness and sustainability interests. It suggests that the internal electricity market provisions of the Electricity Directive and the Security of Electricity Supply Directive would benefit from focusing more intensely on requiring investments in technologies and primary energy sources that will help mitigate climate change and reduce European energy import dependency, and less on the need for ensuring cost-efficient investments through market-based means. Through its detailed analysis of EU law in an area of great significance to both market participants and the public sector, Investing in EU Energy Security will be welcomed by legal advisors, whether working for the EU electricity industry or public agencies responsible for implementation of internal electricity market measures, as well as by academics in this hugely important field of current research."
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Leading Issues in Competition, Regulation, and Development

Author: Paul Cook

Publisher: Edward Elgar Publishing

ISBN: 9781845420659

Category: Business & Economics

Page: 452

View: 6819

The promotion of liberalized and deregulated markets by bilateral and multilateral aid donors, and by global institutions such as the WTO, has led to significant attention being paid to competition and regulatory reforms in developing economies. The process of reform involves the transfer and diffusion of market models derived from practice and theory in developed countries. However, in developing countries, regulation needs to do more than simply promote competitiveness and consumer interests: it also needs to ensure that the market nurtures development. By rigorously examining the numerous impacts of regulation, this book will help to fill a significant gap in the literature on economic and social development. The book, now available in paperback, draws together contributions from leading experts across a range of disciplines including economics, law, politics and governance, public management and business management. The authors begin with an extensive overview of the issues of regulation and competition in developing countries, and carefully illustrate the important themes and concepts involved. Using a variety of country and sector case studies, they move on to focus on the problems of applicability and adaptation that are experienced in the process of transferring best practice policy models from developed to developing countries. The book presents a clear agenda for further empirical research and is notable for its rigorous exploration of the links between theory and practice. Although there is substantial interest in competition and regulation, as yet there has been relatively little investigation of these issues in developing economies. This book redresses the balance and will be a valuable resource for researchers, academics, teachers and students interested in development economics and development studies. It will also be of great relevance for practitioners and policymakers working in the fields of competition policy and regulatory reform.
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Competition and Regulation in the Postal and Delivery Sector

Author: Michael A. Crew,Paul R. Kleindorfer

Publisher: Edward Elgar Publishing

ISBN: 1847209955

Category: Political Science

Page: 416

View: 8894

Worldwide, postal and delivery economics has attracted considerable interest. Numerous questions have arisen, including the role of regulation, funding the Universal Service Obligation, postal reform in Europe, Asia and North America, the future of national postal operators, demand and pricing strategies, and the principles that should govern the introduction of competition. Collected here are responses to these questions in the form of 24 essays written by researchers, practitioners, and senior managers from throughout the world. This volume will have a broad appeal, with an audience ranging from practitioners in the express and delivery industry, national Postal Operators and managers, to economists, regulators, competition lawyers, marketers, scholars in economic regulation, and institutional libraries.
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Asian Capitalism and the Regulation of Competition

Towards a Regulatory Geography of Global Competition Law

Author: Michael W. Dowdle,John Gillespie,Imelda Maher

Publisher: Cambridge University Press

ISBN: 110702742X

Category: Law

Page: 376

View: 9451

Explores the implications of Asian forms of capitalism for the emerging global competition law regime.
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Regulatory Politics in the Enlarging European Union

Weighing Civic and Producer Interests

Author: Alasdair R. Young,Helen Wallace

Publisher: Manchester University Press

ISBN: 9780719054228

Category: Political Science

Page: 164

View: 2572

The institutional process of the European Union is more accessible and more balanced in its outcomes that is often argued. Enlargement to include Austria, Finland, and Sweden has nudged the process further in this direction. But the price to be paid is to set central and East European applicants even tougher targets.
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