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Competition Law and Public Interests
Should self-regulation that serves public interests be shielded from the cartel prohibition? Or should public interests have a place in the balancing exercise of Article 101(3) TFEU? Is it legally possible to admit anti-competitive mergers when they are still in the best interest of society? Competition Law and Public Interests covers these fundamental and topical questions, and examines the relation between competition law and public interests in general.
Based on a profound and structured analysis, this book proposes new frameworks for reconciling public interests and competition law. The two new frameworks introduce several new applications of EU (and Dutch) competition law on cartels and mergers. In addition, this book also includes descriptions of the current law – i.e. explanations of case law and authorities' practices. All in all, readers are provided with well-reasoned guidance on how conflicts between competition law and public interests can be resolved.
Competition Law and Public Interests is relevant for lawyers and policy makers with an interest in the relation between competition law and public interests, such as practitioners and academics. For those who handle competition law matters in the banking sector, the book is especially suited, as it contains many references to and assessments of cases involving banks.
eBook
Barons
Best Books of 2024: \"Frerick's prose throughout is both direct and masterfully controlled, with every point supported by extensive references and notes.This is no alarmist screed but rather a careful, systematic, and utterly damning demolition job--an exquisitely informed exposé.
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Promoting good governance, development and accountability : implementation and the WTO
\"In addressing the politics of the international regulation of public procurement, this book fills a major gap in the literature. Brown-Shafii does this by investigating whether a WTO Agreement can be used to promote good governance, development and accountability.\"-- Provided by publisher.
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The International Dimension of EU Competition Law and Policy
Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.
eBook
Truth demands : a memoir of murder, oil wars, and the rise of climate justice
\"Recounts the experiences of the author who, twenty years after her partner's murder, is called to confront the past when she finds herself a recognized victim-survivor in case 001 of Colombia's truth and recognition process\"-- Provided by publisher.
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Slaves to fashion
Just as Barbara Ehrenreich's Nickel and Dimed uncovered the plight of the working poor in America, Robert J. S. Ross's Slaves to Fashion exposes the dark side of the apparel industry and its exploited workers at home and abroad. It's both a lesson in American business history and a warning about one of the most important issues facing the global capital economy -- the reappearance of the sweatshop. Vividly detailing the decline and tragic rebirth of sweatshop conditions in the American apparel industry of the twentieth century, Ross explains the new sweatshops as a product of unregulated global capitalism and associated deregulation, union erosion, and exploitation of undocumented workers. Using historical material and economic and social data, the author shows that after a brief thirty-five years of fair practices, the U.S. apparel business has once again sunk to shameful abuse and exploitation. Refreshingly jargon-free but documented in depth, Slaves to Fashion is the only work to estimate the size of the sweatshop problem and to systematically show its impact on apparel workers' wages. It is also unique in its analysis of the budgets and personnel used in enforcing the Fair Labor Standards Act. Anyone who is concerned about this urgent social and economic topic and wants to go beyond the headlines should read this important and timely contribution to the rising debate on low-wage factory labor.
eBook
A Critical Account of Article 106(2) TFEU
A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). In rhetorical terms, Article 106(2) is framed as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe’s public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)’s contingency reduced. Volume 18 in the series Hart Studies in Competition Law
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