Administrative Law

Download European Competition Law Annual 2007: A Reformed Approach to by Claus-Dieter Ehlermann, Mel Marquis PDF

By Claus-Dieter Ehlermann, Mel Marquis

This can be the twelfth annual in a chain of workshops on ecu festival legislation and coverage produced by means of the Robert Schuman Centre of the eu college Institute in Florence. The workshop members integrated senior enforcement officers and coverage makers from the eu fee, nationwide festival gurus of sure european Member States and the US's division of Justice and Federal exchange fee, popular overseas teachers, criminal practitioners, economists. In an excessive intimate setting, this crew of specialists debated a couple of felony and fiscal matters established in line with 3 large strains of debate: 1) comparisons of the concept that of monopolization below part 2 of the Sherman Act with that of abuse of dominance less than Article eighty two EC; 2) a reformed method of exclusionary unilateral behavior; and three) exploitative unilateral behavior and comparable treatments. This booklet can be of curiosity to legal professionals, economists, judges, and enforcement officers.

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Additional info for European Competition Law Annual 2007: A Reformed Approach to Article 82 EC

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21 Apart from the obvious goal of harnessing Germany’s military capabilities and establishing durable peace, one of the most compelling aims behind the Treaty of Rome of 1957 was to establish a market large enough to permit major industrial firms to achieve greater productive efficiency and to try to stake out a claim on global markets which the US and the Soviet Union tended to dominate. A simple glance at the Spaak Report of 1956 and other historical evidence confirms the main preoccupations of the “framers”.

142 et seq. Competition, so the argument goes, generally cannot subsist where a monopolist or large oligopolists have a stranglehold on the market. To that extent, the European and US conceptions of the competitive process, though they are profoundly different, each appear to regard the competitive process as a means to an end. It seems that the more appropriate target for a critic would therefore be the claim that competition itself is an irreducible goal that cannot be regarded as subservient to, say, aggregate social welfare or consumer welfare.

More clarity with respect to this goal structure, he contends, can help to make sense of a number of different interrelated but often underspecified legal tools and concepts of varying function such as “competition on the merits”, fairness, economic freedom20 and the imperative of the single market. Preservation of not just competition but the conditions of competition is central, in both the short and the long run. However, Gerber argues that the reform debate has been characterized by, and has even encouraged, misconceptions about the competitive distortion model.

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