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The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever.The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Competition policy continues to evolve rapidly in the energy sector, in line with the speed of change in energy markets. As markets decarbonise, new competition challenges develop, as'traditional'hydrocarbons industries contract and renewables ones explode. Markets are changing, and competition policy with it. The new, 5th, edition reflects these changes.

This book examines the European Commission's dawn raid practices in competition cases from a fundamental rights perspective. In recent years, the Commission has adopted a new and more aggressive enforcement policy, amid a growing awareness that cartels and abuse of market power represent an economic harm and need to be punished. In response, enforcement has been strengthened by the grant of more wide-reaching powers to competition authorities. But how does this impact on the framework of fundamental rights? This study seeks to answer that question by examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts. It shows that where the Strasbourg Court has managed to strike a balance between efficiency concerns and the rights of undertakings, the EU courts'judicial control is not equally balanced. This book is an essential and timely examination of this important question.

The new edition of this highly acclaimed book gives a comprehensive update and analysis of European law as it affects competition in EU energy markets. It incorporates the numerous changes since the 2011 edition, including an entirely reworked section on anti-competitive agreements and practices, an update of all new merger decisions, as well as abuse of dominance. Furthermore, the book offers a detailed update and explanation of the major developments on state aid, with the publication of new Guidelines applicable inter alia to renewable energy support schemes, introducing major reform and key decisions, such as the one on the UK Hinkley Point nuclear reactor. [Subject: EU Law, Energy Law, Competition Law]

This handbook offers detailed descriptions of EU competition law, including mergers and public authorities. Above all, it analyzes and discusses recent decisions of the ECJ and the General Court. Presenting systematically structured and theoretically founded content, the book also includes recommendations for practitioners. Special attention is paid to the scope of penalties and the influence on fundamental rights. Rounding out the book, the conflict between safeguarding confidential information and the effectiveness of private and public enforcement is discussed intensively in the context of the new Directive 2014/104/EU.

Almost two decades after the arrival of the ‘more economics based approach'to EU competition law, this economic school of thought, the European School, has been properly defined and is now in general used among competition law practitioners and their government counterparts. This genuine European economic approach, studied by Doris Hildebrand since the first edition of this now-classic work, implements the European cornerstones of the social market economy concept such as freedom of contract, social fairness, and the equality principle. Now, in the book's revised and updated fourth edition, the author explores the full spectrum of this development in detail, uncovering its multiple rationales as it has gradually formulated the legal principles of ‘competition economics'that have come to underlie all matters related to Article 101 (1), Article 101 (3), Article 102, the Merger Regulation, and the State Aid provisions. As in previous editions, the book's interdisciplinary approach integrates law and economics in such a way that economics in competition proceedings becomes easier to understand for lawyers not trained in economic theory or economic school of thoughts. It offers an in-depth description of ‘European School'theories and applications, particularly with respect to vertical and horizontal agreements. In addition, the book provides solid guidance on the definition of the relevant antitrust markets, with a detailed description of the hypothetical monopolist test. Among the fundamental elements discussed are the following: - application of economics in the competition test as developed by the EU Courts; - concrete economic analysis companies need to perform in order to qualify for an exemption; - test procedures to assess whether a certain behaviour constitutes an abuse under Article 102; - various methodologies to define markets; - contrasting the European and Chicago schools; - practical implementation of the EU social market economy objective in EU competition law; - use of evidence in market definition practice; - State Aid provisions; and - empirical techniques used to evaluate a merger. All significant cases contributory to the development of European competition economics are discussed and analysed in detail. A new first chapter on ‘The Frame'clearly demonstrates all the ways in which EU competition policy represents an essential foundation of the EU. Moreover ‘The Frame'elaborates that the social market economy objective as defined in the Lisbon Treaty is from the economic perspective the appropriate benchmark in any EU competition law assessment. This benchmark requires a holistic approach by taking into account ‘utilities'of EU citizens instead of focusing on price elements only. This new updated and revised edition has been anticipated, and will be widely welcomed. Competition lawyers, corporate in-house counsel, competition authorities, and courts will appreciate the book's clear, understandable discussion of the relevant European competition theory, authoritative guidance on the application of economic analysis, and practical insight in dealing with these subjects in real-world cases.

The trend of retail concentration across the European Union has raised concerns on the buyer power that retailers may have in the relation with their suppliers. Following calls that the changing nature of competition demands a change in EU competition policy, this book investigates whether there is a'gap'in current EU competition law concerning the potential harmful effects of buyer power from an economic efficiency perspective. Using a Law and Economics approach, the book identifies the potential concerns and assesses whether they can be addressed under the existing rules. While some critical comments are in place with regard to the consumer welfare standard that is applied, the book's analysis does not indicate that the current substantive legal framework of EU competition law is unfit to address the (potential) harmful effects of buyer power. [Subject: EU Law, Competition Law, Commercial Law, Trade Law, Law and Economics]

This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two jurisdictions, together with the relevant historical backgrounds. The author chooses to discuss the main areas of competition law in these jurisdictions, with particular focus placed on the gaps between the written law and practice, including analysis of thecurrent debates that suggest future directions in competition and policy will aim towards harmonization of both systems. Competition Law and Policy in Japan and EU will strongly appeal to academics, researchers, public enforcers, practitioners, in-house counsel and students.

Although the question posed by the title of this book has generated considerable debate, the essential issue remains open and largely blurred. While some believe that there is no so-called'small market problem', others discern discrimination against

Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; relevance of the case law that contributes to general principles of European tort law; comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; calculation of damages; passing-on of losses sustained in an upstream market to customers in a downstream market; procedural devices which may help to overcome the lack of implementation; duties of disclosure and the burden of proof; collective actions that may help to overcome the rational abstention of individuals; pitfalls of leniency programmes implemented by national competition authorities; and issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.

This book deals with competition policy from the standpoint of a business executive. It enables a busy reader to go straight to the business practice with which he is concerned and from there to a summary of the authorities'treatment of that practice. At the same time, it provides the reader who wishes to add an appreciation of anti-trust compliance to his professional portfolio with a comprehensive overview of the subject, together with a guide to useful sources of further information.

This prodigious resource responds superbly to the need for a detailed and comprehensive analysis of European competition law that covers theory and practice, public and private enterprise, rules and procedures, disputes and jurisprudence. With numerous case studies from the entire history of the EC, European Community Law analyzes all the EC Treaty provisions relating to competition, as well as their superstructure of regulations and directives. Published under the Transnational Publishers imprint.