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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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State Measures Distorting Free Competition in the EC

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ISBN13: 9789041114662
ISBN: 9041114661
Published: July 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £128.00

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This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, that is, restrictions on free movement. After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market. They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU. The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made?;The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which, at the beginning of the 21st century, has only been examined by legal scholars to a minor extent.

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Competition Law
Part A: Introduction; competition law in the Community legal system.
1. The notion of competition.
2. The perspectives of competition policy.
3. Methodological issues. Part B: Relevant Community Primary Law.
4. Different types of national measures distorting competition.
5. The rules of Treaty in relation to state measures distorting cross border competition -- brief introduction.
6. The aims and principles of the Treaty in relation to state measures.
7. Distortions on competition and harmonization.
8. Distortions on competition and harmonization in some specific (flanking policy) areas.
9. Local regulations of economic life in the case law of the Court and the legal literature.
10. Evaluation of the case law of the Court. Part C: Summary and conclusions.
11. A summary and chronological survey of the case law of the ECJ in relation to state measures distorting free competition.
12. Articles 3 (g), 5 and 85 construction.
13. Articles 90 and 92.
14. The use of Articles 101 and 102.
15. The need to clear away distortions on competition.
16. Possible future developments concerning state measures distorting free competition.
17. The Possibility of a multi speed-Europe.
18. Conclusions and proposed solutions.