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The Modernisation of EC Competition Law

ISBN13: 9781841131214
ISBN: 1841131210
Published: October 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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Over recent years, European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light the ineffectiveness of the system. Consequently, the European Commission has responded by issuing the ""White Paper on Modernisation"", which sets out its vision on the future of EC competition law.

This text tries to understand the challenges to EC competition policy by examining the origins of the Community's competition law system. The first part of the book sketches the development of Community competition law enforcement between the European Economic Community, established in 1958, and the European Union of 2000. Taking this perspective on EC competion law, the second part of the book addresses topical problems of EC competition policy; the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and the Member States, and decentralized enforcement of Community law. Notably, the author's conclusions diverge considerably from the analysis found in the Commission White Paper on Modernisation. The author proposes various alternative solutions to the existing problems which, arguably, fit better within the overall constitutional development of the Community than the solutions offered by the Commission. The book should be of interest to competition lawyers, as well as to those interested in the constitutional development of the European Community.

Competition Law
Part 1 The development of the current system of EC antitrust law enforcement: the transformation of Community Antitrust Law - enforcement, introduction, conclusion; the transformation of the Community's constitution - from international treaty to constitutional charter, from negative to positive integration, beyond the internal market, conclusion.
Part 2 The modernisation of EC antitrust law in light of the general development of EC law: objectives of EC antitrust law - introduction, critique of EC Antitrust law objectives, analysis of the criticism of EC antitrust policy objectives, modernisation of EC antitrust policy objectives, conclusion; the division of jurisdiction between EC and member state antitrust laws - introduction, the relationship between Articles 81 and 82 EC and national antitrust law, mergers, the modernisation of community antitrust law jurisdiction, conclusion; institutional issues at the central level - introduction, EC antitrust legislation, enforcement procedure, evaluation of the present system, independent agency, the modernisation of the institutional framework, conclusion; institutional issues at the central level - introduction, current framework, the first attempt to decentralise - the Commission notices, more radical reform - the White Paper on Modernisation, modernisation of co-operation between the Commission and national institutions, conclusion.

Series: Studies in European Law and Integration

Regional and Global Regulation of International Trade ISBN 9781841132181
Published July 2002
Hart Publishing
The Europeanisation of Law
ISBN 9781841130255
Published September 2000
Hart Publishing