Private Regulation and the Internal Market: Sports, Legal Services, and Standard Setting in EU…

Hardcover | April 9, 2016

byMislav Mataija

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How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-bordertransfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation isboth important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over theirmeasures becomes broader and moves towards what Mataija describes as "regulatory autonomy." This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than ontheir impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court ofJustice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.

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How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-bordertransfer of a football player? Covering the EU's ...

Mislav Mataija is a Member of the Legal Service of the European Commission, where he mainly deals with WTO and trade policy issues. He holds degrees from the European University Institute (PhD in Law, 2013), Columbia Law School (LLM, 2009), and the University of Zagreb (LLB, 2007). During his PhD studies he has conducted research at th...
Format:HardcoverDimensions:336 pages, 9.21 × 6.14 × 0.98 inPublished:April 9, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198746652

ISBN - 13:9780198746652

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Table of Contents

1. Introduction2. Free Movement and Private Regulation3. Competition Law and Private Regulation4. The Relationship of Free Movement and Competition Law5. Conditional Autonomy: EU Internal Market Law and the Private Regulation of Sport6. The Learned Art: Regulating the Legal Profession7. Standard-setting, Competition, and Trade8. Conclusion