Competition Law in Times of Economic Crisis

Competition Law in Times of Economic Crisis
Title Competition Law in Times of Economic Crisis PDF eBook
Author Collège d'Europe (Bruges, Belgique). Global Competition Law Centre. Conférence annuelle
Publisher
Pages 649
Release 2013
Genre
ISBN

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Competition Law in times of Economic Crisis : in Need of Adjustment ?

Competition Law in times of Economic Crisis : in Need of Adjustment ?
Title Competition Law in times of Economic Crisis : in Need of Adjustment ? PDF eBook
Author Jacques Derenne
Publisher Primento
Pages 352
Release 2013-12-02
Genre Law
ISBN 2802745468

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Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes. A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful. A “relaxed” stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal periods. It has also been argued that, when public resources are stretched to the limit and businesses are struggling to survive, competition authorities should seek to focus their limited resources on those anticompetitive practices which are most detrimental to consumer welfare such as cartels. Indeed, if over-enforcement is perhaps undesirable when the economy is functioning well, it will inevitably become more problematic during an economic downturn. In addition, business managers may be increasingly tempted to resort to anticompetitive practices when faced with economic hardship. This book will appeal to judges and lawyers in competition law, European law, business/corporate law and insolvency law ; the study of European competition law, European institutions, national competition authorities, and companies.

EU Competition Law: an Unaffordable Luxury in Times of Crisis?

EU Competition Law: an Unaffordable Luxury in Times of Crisis?
Title EU Competition Law: an Unaffordable Luxury in Times of Crisis? PDF eBook
Author Patrick Massey
Publisher
Pages
Release 2020
Genre
ISBN

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The paper looks at two aspects of the Covid-19 pandemic. These are (i) the nature of this event and its implication for evaluating past policy and policy into the future, and (ii) the suitability of proposed changes in the implementation of competition policy affecting firm behaviour, market structures and state intervention. The first conclusion the paper reaches is that it is incorrect to describe the Covid-19 pandemic as a "Black Swan" event, unpredicted and unpredictable, and something for which it is not possible to prepare. Policy makers should accept responsibility for possible future events such as pandemics even when timing is uncertain. In the case of Covid-19, policy measures were clearly inadequate. The paper then considers the design and implementation of measures aimed at supporting economic recovery. The arguments that competition policy should be relaxed for the duration of the problem is rejected as ill-founded and counterproductive. In particular, it is wrong to treat the response to the Financial Crisis of 2008-2011 as justifying reduced competition in general. Some aspects of particular policy designs, decisions and actions in response to the recession flowing from the medical response to Covid-19 are subjected to critical analysis.

The Concept of State Aid Under EU Law

The Concept of State Aid Under EU Law
Title The Concept of State Aid Under EU Law PDF eBook
Author Juan Jorge Piernas López
Publisher OUP Oxford
Pages 321
Release 2015-08-06
Genre Law
ISBN 0191065587

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How has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.

The Financial Crisis Inquiry Report

The Financial Crisis Inquiry Report
Title The Financial Crisis Inquiry Report PDF eBook
Author Financial Crisis Inquiry Commission
Publisher Cosimo, Inc.
Pages 692
Release 2011-05-01
Genre Political Science
ISBN 1616405414

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The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.

State Aid Law of the European Union

State Aid Law of the European Union
Title State Aid Law of the European Union PDF eBook
Author Herwig C. H. Hofmann
Publisher Oxford University Press
Pages 906
Release 2016-08-18
Genre Law
ISBN 0191040894

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Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.

Research Handbook on Cartels

Research Handbook on Cartels
Title Research Handbook on Cartels PDF eBook
Author Peter Whelan
Publisher Edward Elgar Publishing
Pages 583
Release 2023-03-02
Genre Law
ISBN 183910287X

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Drawing together a variety of perspectives, this accessible yet comprehensive Research Handbook provides an in-depth analysis of the most significant issues pertaining to the legal regulation of cartels. An interdisciplinary team of respected experts explores the theoretical, legal, economic, political, and comparative discourse surrounding cartel regulation.