European Union Law

This book sheds light on the continuing and conflicting calls for deregulation and re-regulation of important industries and informs the ongoing policy debate over the evolving line between regulation and general competition policy. It focuses on the traditionally regulated sectors of telecommunications and energy, comparing approaches in the European Union and the United States.

The EU Competition Law Handbook is a comprehensive citator for Commission decisions and competition cases before the EU and National courts, conveniently cross-referenced by subject matter. Updated annually, this is the 22nd edition, incorporating decisions and developments up to June 2011.

Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the internal market. This book addresses the conceptual problems underlying the tests to be applied under Article 102 in light of the objectives of EU competition law. Adopting an interdisciplinary approach, the book covers all the main issues relating to Article 102, including its objectives, its relationship with other principles and provisions of EU law, the criteria for the assessment of individual abusive practices, and the definition of dominance.

This book focuses on the current legal framework for vertical agreements in the EC and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with redressing assumed imbalances between dealers and manufacturers.

The major problem associated with the regulation of transnational mergers is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However, this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Therefore it is desirable to opt for regulatory approaches which are more sensitive to the transnational nature of mergers and which allow cooperation between competition authorities.

This book provides a thorough introduction to the economic theory underlying the regulation of mergers. The central economic concepts of efficiency and welfare are introduced and their role in the foundations of competition law is explained. The book then offers an exhaustive analysis of the application of economic theory in the practice of merger regulation in Europe. Through an analysis of more than 300 competition cases the book critiques the current state of EU competition law against its economic aims, and offers views for the future development of the law. It also sets out an account of the European Commission's search for a 'more economic approach' to competition law, and analyses the policy's successes and failures.

The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.

This second edition offers a comparative introduction to the most important aspects of administrative law in various European Union (EU) Member States (Belgium, France, Germany, the Netherlands, and the UK), at the EU level itself, and in the US. The book contributes to the 'transboundary' understanding of different regimes, related to actions and decisions of the administration. It is designed for education, research, and legal practice purposes, and therefore the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The areas examined include: the definition of administrative law --- who does the administrating --- the available instruments for the administration --- the formal rules/principles, written or unwritten, governing administrative actions --- access to administrative courts against administrative actions/decisions --- enforcement by the administration --- financial liability of the administration for unlawful actions --- recent and future developments and conclusions

The volume of European Union legal acts relating to commercial law is staggering. This book provides a clear and concise overview of the vast bulk of European Union business law, giving extensive coverage to both legislation and the decisions of the Court of Justice. The text is fully up to date in the light of the Treaty of Lisbon. The book approaches European Union business law from the perspective of non-Member common law nations such as the United States, Australia and Canada. Each chapter contains extensive references to other books, articles and websites for further reading.

This work gives a practical overview of the legal aspects of the Free Movement of Goods and the working of the Customs Union within the European Union and their interpretation and application by the Court of Justice of the European Communities. The free movement of goods is the primary pillar on which the internal market within the European Community - the heart of the EU - is based. This book analyzes the operation of the customs union, with detailed treatment of the Community Customs Code and its implementing and associated measures. It also discusses the elimination of customs duties and charges having equivalent effect, and the elimination of quantitative restrictions and measures having equivalent effect in trade between Member States.

This practical book deals with the ins-and-outs of EU customs law from a practitioner's perspective. Coverage includes anti-dumping and protective measures, the classification of goods, rules of origin, customs value, customs obligations and dealings between the importer and the taxing authority, import and export procedures including related VAT profiles, simplified procedures and electronic date interchange, movement and excise duties, and trade-related anti-money laundering measures.

This book takes stock of the developments in EU legislation, case law and institutional structures with regards to banking regulation and supervision, which preceded and followed the recent financial crisis. It does not merely provide an update, but anchors these developments into the broader EU law context, challenging past paradigms and anticipating possible developments.

Speculation is rife on the origins of the worldwide financial crisis of 2008, with a preponderance focusing on shortcomings in corporate governance. This book offers a distinct yet complementary perspective. Thirteen noted scholars analyze the full body of second generation European Banking Contract Law and argue that the world financial crisis has proceeded at least as much from contracting as from corporate governance.

This book brings to bear Professor Maggiolino s considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino s book covers a large range of IP practices by dominant firms where competition law can be invoked, including sham litigation and product design, improper infringement actions, predation, and refusals to license.

This authoritative book provides a comprehensive critical overview of the basic IP paradigms in the EU, including patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective. The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments.

The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law. The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws and international treaties relating to intellectual property. This book contains a detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights. It has practical analysis of such issues as technology transfer and pools, research and development, and franchising and merchandising.

An exploration of EU policy towards copyright enforcement on the Internet, examining the EU Telecoms Package from 2007-9. This book explains the puzzling case of copyright in telecoms law, and includes discussion of 3-strikes (graduated response), ISP liability and the French Hadopi law.

(Social Sciences, Health, and Education Library)
This broad ranging new text provides a systematic assessment of the emergence of gender as a significant issue on the EU agenda and of the EU's impact on gender inequality, both in terms of specifically gender-related policies and the gender dimensions of other policies.

(Social Sciences, Health, and Education Library)

International Relations and the European Union uniquely incorporates the study of the EU's world role into the wider field of International Relations. New chapters on the EU's relationships with emerging world powers, and its stance on energy and environmental policy confirm the second edition as the leading textbook on this subject. Beginning with an examination of theoretical and methodological frameworks, the book goes on to address the institutions and processes that surround the EU's international relations. Areas of key policy substance, such as security and trade are then outlined in detail, alongside the EU's relations with specific countries including the United States, China, India and Russia. The second edition of International Relations and the European Union is thoroughly up-to-date with all the latest developments including the ratification of the Lisbon Treaty and the consequences of the global financial crisis. Contributions from leading experts encourage students to think critically about the EU's role in world politics over the last fifty years and ask: who and what is the EU for, in its international relations? What should it be trying to achieve?