Some Critical Comments on the Report of the Global Competition Law Centre on the Directly Applicable Exception System and the Direct Applicability of Article 81 (3) EC: Positive Enforcement and Legal Certainity

2010 ◽  
Author(s):  
Ben Smulders ◽  
Eric Gippini-Fournier
Keyword(s):  
Competition Law ◽  
Global Competition ◽  
Direct Applicability

Challenges and Changes

2020 ◽  
pp. 152-172
Author(s):  
David J. Gerber
Keyword(s):  
Competition Law ◽  
Digital Economy ◽  
The Other ◽  
Global Competition ◽  
Key Factors ◽  
Global System ◽  
Law System ◽  
Legal Professionals ◽  
System P

The chapter focuses on two profound and lasting changes in competition. One is the deepening and widening of globalization, which alters the dimensions of markets; the other is the digital economy, which creates new forms of competition. Together, they challenge both domestic regimes and the global system. The chapter describes how these two changes combine to challenge competition authorities, courts, and legal professionals. It notes how individual regimes are responding to these changes and identifies key factors that shape their responses. It then shows how these challenges are altering many aspects of the relationships among competition law regimes—that is, the global competition law system.

The New Council Regulation (EC) No. 1/2003 on the Implementation of the Rules on Competition

2004 ◽  
Vol 5 (6) ◽  
pp. 721-740 ◽  
Author(s):  
Felix Müller
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
The European Union ◽  
National Courts ◽  
National Competition ◽  
Council Regulation ◽  
Set Up ◽  
Antitrust Regulation ◽  
Direct Applicability ◽  
European Competition Law

AbstractThe new Council Regulation (EC) No. 1/2003 on the implementation of the rules on competition laid down in Article 81 and 82 of the EC-Treaty, which came into force on 1 May 2004, brings fundamental changes in the application of European competition law. It replaces the Antitrust-Regulation No. 17 which has been in force for more than 40 years. Regulation No. 1/2003 establishes a system of direct applicability of Article 81(3) EC-Treaty, which abandons the requirement of notification as a key element of the old system under Regulation No. 17. Under the new scheme set up by Regulation No. 1/2003 Article 81(3) will be directly applicable. This enables national competition authorities and national courts to apply Article 81 and 82 of the EC-Treaty in their entirety, including paragraph 3 of Article 81. Although the new regulation is to be considered as an important step in strengthening and reinforcing European competition policy, in particular in view of the enlargement of the European Union, the numerous changes involve uncertainties which call for adjustment. The following article gives an overview of the new enforcement system for Articles 81 and 82 of the EC-Treaty, set up by Regulation No. 1/2003.

The impact of data on EU merger control

2020 ◽  
Vol 18 (4) ◽  
pp. 151-161
Author(s):  
Stephen Whitfield ◽  
Richard J. Brown ◽  
Ingrid Rogers
Keyword(s):  
European Commission ◽  
Competition Law ◽  
Merger Control ◽  
Global Competition ◽  
Eu Merger Control ◽  
Market Shares ◽  
National Competition ◽  
Legal Frameworks ◽  
The Impact ◽  
Concentration Levels

There has been an increased focus of the European Commission and numerous national competition authorities on data-related mergers, which also fits more generally in the context of a broader global competition law focus on the ‘FAANGs’ (i.e., Facebook, Apple, Amazon, Netflix and Google) and the wider tech sector. This article considers the impact of data on EU merger control and explores the theories of harm and legal frameworks which have been applied and developed in considering data-related competition concerns, in particular the notable developments in the Commission's recent consideration of Apple's acquisition of Shazam. The article considers that the impact of these developments is that data-related mergers should no longer be assessed by reference to traditional economic indicators such as market shares and concentration levels only, but rather also in the context of the broader global competition law focus on big tech.

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