The Consistent Application Of Eu Competition Law: Substantive And Procedural Challenges by Adriana AlmThe Consistent Application Of Eu Competition Law: Substantive And Procedural Challenges by Adriana Alm

The Consistent Application Of Eu Competition Law: Substantive And Procedural Challenges

byAdriana AlmEditorPeter Whelan

Hardcover | January 12, 2017

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In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law.

This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Dr Adriana AlmÄÈan Adriana AlmÄÈan is an Associate Professor of Law and a former Vice-Dean responsible with international relations at the University of Bucharest, Faculty of Law. She teaches in various areas of Competition Law and Civil Law (Civil Obligations, Dynamics of Civil Obligations, Property Law, Property Legal Protection and ...
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Title:The Consistent Application Of Eu Competition Law: Substantive And Procedural ChallengesFormat:HardcoverDimensions:285 pagesPublished:January 12, 2017Publisher:Springer-Verlag/Sci-Tech/TradeLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:3319473816

ISBN - 13:9783319473819

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Table of Contents

PART I: EU COMPETITION POLICY AND THE HARMONIZED ENFORCEMENT OF ARTICLES 101 AND 102 TFEU                                  
Chapter 1: Convergence within the European Competition Network: Legislative Harmonization and Enforcement Priorities
Dr Bogdan ChiriÈoiu, Faculty of Business Administration, University of Bucharest

Chapter 2: The Commission Communication on Ten Years of Antitrust Enforcement under Regulation 1/2003 - Prospective Priorities and Challenges
Dr CÄtÄlin Rusu, Radboud University Nijmegen 

PART II: EUROPEAN COURT OF JUSTICE JURISPRUDENCE AS AN INSTRUMENT OF HARMONIZATION

Chapter 3: Of Cattle, Crashes and Cards - Recent Case-law of the Court of Justice on Restrictions by Object
Judge Anthony Collins, General Court of European Union 
Chapter 4: The Concept of Anti-Competitive Object under EU Competition Law: Comparative Perspectives and European Realities
Dr Csongor István Nagy, Szeged University

Chapter 5: Public Investments and the Application of Articles 101 and 102 TFEU
Dr Simona Gherghina, Faculty of Law, University of Bucharest

PART III: JURISDICTIONAL CHALLENGES TO THE CONSISTENT APPLICATION OF ARTICLES 101 AND 102 TFEU

Chapter 6: European Cartel Criminalisation and Regulation 1/2003: Avoiding Potential Problems
Dr Peter Whelan, University of Leeds

Chapter 7: Regulation Brussels 1 and the Application of Articles 101 and 102 TFEU by National Courts
Professor Jean-Marc Thouvenin, Université de Paris Ouest Nanterre La Défense 

Chapter 8: The Arbitrability of Articles 101 and 102 TFEU
Dr Adriana AlmÄÈan, University of Bucharest

PART IV: PRELIMINARY RULINGS - INSTRUMENTS FOR THE CONSISTENT APPLICATION OF ARTICLES 101 AND 102 TFEU

Chapter 9: The National Judge and Preliminary Rulings: Recent CJEU Case Law on Articles 101 and 102 TFEU
Professor Camelia Toader, Court of Justice of the European Union and Faculty of Law, University of Bucharest 

Chapter 10: The Role of Preliminary Rulings in the Uniform Application of EU Competition Law
Emeritus Professor Jules Stuyck, University of Leuven (KU Leuven), Radboud University Nijmegen

PART V: SELECTED NATIONAL APPLICATION OF ARTICLES 101 AND 102 TFEU

Chapter 11: The Uniform Application of Articles 101 and 102 TFEU in German Competition Law
Professor Bernd Oppermann, Leibnitz University of Hanover and Ahmad Chmeis, Leibnitz University of Hanover

Chapter 12:  Recent Developments in the Application of Articles 101 and 102 TFEU by French Courts
Dr Rafael Amaro, Université Paris Descartes - Sorbonne Paris Cité (CEDAG)

Chapter 13: Recent Developments in Romanian Jurisprudence Regarding the Application of Articles 101 and 102 TFEU
Dr Sorin David, University of Bucharest

Chapter 14: Application of EU Competition Law by the Hungarian Judiciary: Cooperation with the ECJ and Relying on the Case Law of the ECtHR
Dr Mónika Papp, University of Eötvös Loránd, Budapest 

Chapter 15: The Application of EU Competition Law in Poland  
Dr Krystyna Kowalik-BaÅczyk, Institute for Legal Studies, Polish Academy of Sciences