JournalTOCs

Journal of European Competition Law & Practice
Number of Followers: 22

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 2041-7764 - ISSN (Online) 2041-7772
Published by Oxford University Press

[412 journals]

Envisioning ‘Regulation 2’
- Pages: 395 - 398
  Abstract: The European Commission proposed what is now Regulation no. 1/2003 in the autumn of 2000, almost exactly 20 years ago.11 The Journal of European Competition Law & Practice (JECLAP) marks this anniversary with a special issue on the ‘next generation’ EU antitrust enforcement system—what we might call ‘Regulation 2’. This issue brings together judges, enforcers, academics, practitioners, in-house counsel, and authors from BEUC and OECD around two questions: how to improve the EU antitrust system' Going even further—and knowing what we know today—if we were to create an EU antitrust system from scratch, what would it look like'
  PubDate: Sat, 14 Nov 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa085
  Issue No: Vol. 11, No. 8 (2020)
For a Socially Sensitive Competition Law Enforcement
- Authors: Kornezov A.
  Pages: 399 - 403
  Abstract: The European Union (EU) has been big on social promises. Its social dimension features in several key provisions of the founding Treaties. One needs to look no further than Article 2 of the Treaty on European Union (TEU), which enlists solidarity as one of the values on which the Union is founded. Article 3, paragraph 3, TEU contains another hugely important programmatic statement: the Union shall be based on a highly competitive social market economy, aiming at full employment and social progress, promoting social justice and protection, as well as social cohesion. Thus, in defining and implementing its policies, the EU must take into account requirements linked in particular to the promotion of a high level of employment and to adequate social protection, proclaims Article 9 of the Treaty on the Functioning of the European Union (TFEU). The social dimension of the Union is further emphasised by the Charter in which a specific title called ‘Solidarity’ is dedicated to social rights as an integral part of European citizens’ fundamental rights.
  PubDate: Mon, 21 Sep 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa057
  Issue No: Vol. 11, No. 8 (2020)
EU Competition Law: On the Evolutionary Path
- Authors: Matos Rosa M.
  Pages: 404 - 406
  Abstract: European Union (EU) law and policy is under pressure to evolve. Changes proposed recently by the European Commission may be viewed as anywhere between a paradigm shift and a mere advancement in line with economic changes. It can be argued that since 1957, the European Commission has responded, in what concerns competition policy, to the challenges posed by economic development. Even if old competition tools are still far from reaching full capacity, ongoing initiatives can make up for some shortfalls that have arisen in the past decade.
  PubDate: Mon, 12 Oct 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa066
  Issue No: Vol. 11, No. 8 (2020)
Regulation 2.0: A Few of the Hard Questions
- Authors: Bitten S.
  Pages: 407 - 408
  Abstract: By Bitten Thorgaard Sørensen, Deputy Director General, Danish Competition and Consumer Authority.
  PubDate: Mon, 21 Sep 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa055
  Issue No: Vol. 11, No. 8 (2020)
The Future of Regulation No. 1/2003: New Relations Between EU and National
Laws
- Authors: Idot L.
  Pages: 409 - 412
  Abstract: After the launching of consultations on a ‘New Tool’ to deal with the digital economy,11 the revision of Regulation No. 1/200322 (hereafter, ‘the Regulation’) does not seem to be a priority for the European Commission (‘the Commission’). However, while more than 40 years passed between the entry into force of Regulation No. 1733 and its repeal, such a long period is not acceptable anymore in the new digital world. Therefore, it is probably time to begin to think about ‘Regulation 2’.
  PubDate: Mon, 21 Sep 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa061
  Issue No: Vol. 11, No. 8 (2020)
The System for EU Antitrust Enforcement is Misguided and
Unfair—Let’s Change it
- Authors: Ferro M.
  Pages: 413 - 417
  PubDate: Wed, 23 Sep 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa063
  Issue No: Vol. 11, No. 8 (2020)
Case (re-)Allocation Against the Backdrop of Procedural Convergence: Time
for a Regulation ‘2’ Upgrade'
- Authors: Van Cleynenbreugel P.
  Pages: 418 - 422
  PubDate: Tue, 08 Sep 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa054
  Issue No: Vol. 11, No. 8 (2020)
A ‘Tunney Act for Europe’' Settlement and the Re-Judicialisation
of European Commission Competition Enforcement
- Authors: Dunne N.
  Pages: 423 - 429
  Abstract: • The use of settlement mechanisms, administered under both Arts.7 and 9 of Regulation 1/2003, has become one of the most common features of European Commission enforcement activity in recent years.
  PubDate: Wed, 21 Oct 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa071
  Issue No: Vol. 11, No. 8 (2020)
Regulation 2: Remedies in Antitrust Cases under EU Competition Law
- Authors: Turner V.
  Pages: 430 - 436
  PubDate: Sat, 26 Sep 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa064
  Issue No: Vol. 11, No. 8 (2020)
Adaptive Antitrust Enforcement—Evolutionary Ideas for Reforming
Regulation 1/2003
- Authors: Podszun R.
  Pages: 437 - 441
  PubDate: Fri, 02 Oct 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa060
  Issue No: Vol. 11, No. 8 (2020)
The ‘ECN Plus-Plus’: How Could it Look Like'
- Authors: Carovano G.
  Pages: 442 - 445
  Abstract: Looking at the OECD 2014 Recommendation concerning International Cooperation on Competition Investigations and Proceedings (the ‘OECD 2014 Recommendation’), and the extensive work done by the OECD Competition Division in recent years on fostering international cooperation, this paper looks at options that could help to improve the effectiveness of the European Competition Network (ECN). Specifically, the paper discusses four proposals (enlarging (i) ECN membership and (ii) scope, (iii) creating a one-stop-shop leniency system, (iv) enhancing investigative assistance) to tackle the challenges for international cooperation brought on by the digitalisation of the economy, increased market integration, the economic crisis, and Brexit.
  PubDate: Tue, 29 Sep 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa068
  Issue No: Vol. 11, No. 8 (2020)
Navigating Through Uncertain Waters—The Importance of Legal Certainty,
Predictability, and Transparency in Future Antitrust Enforcement
- Authors: Holtse C.
  Pages: 446 - 449
  PubDate: Wed, 04 Nov 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa081
  Issue No: Vol. 11, No. 8 (2020)
Positive EC Guidance Needed under Regulation 2
- Authors: Polley R.
  Pages: 450 - 455
  Abstract: Since the entry into force of Regulation 1/2003, which brought about a fundamental change from a notification system for potentially anti-competitive agreements and an exemption monopoly for the European Commission (‘EC’) to direct applicability of Article 101 (3) Treaty on the Functioning of the European Union (‘TFEU') and self-assessment of potential infringements by the companies concerned, the EC’s enforcement priority have been, hardcore cartel cases11 and abuse of dominance cases.22,33 EC cases on borderline conduct, like co-operations between competitors—where it is without detailed assessment not clear whether an agreement or concerted practice infringes Article 101 (1) TFEU at all, falls under a block exemption regulation (‘BER’) or merits individual exemption under Article 101 (3) TFEU—are largely missing, whereas under the old notification system such precedent existed in the form of negative clearance44 or exemption decisions.55
  PubDate: Tue, 27 Oct 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa079
  Issue No: Vol. 11, No. 8 (2020)
Consistent Application of EU Competition Law, The Case for Revisiting the
Consistency Tool Box in Regulation 1/2003
- Authors: Kjolbye L.
  Pages: 456 - 459
  PubDate: Tue, 08 Sep 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa056
  Issue No: Vol. 11, No. 8 (2020)
Towards a Higher Standard of Proof and a More Interventionist Judicial
Review in Antitrust Cases Involving Complex (Economic) Assessments
Following CK Telecoms'
- Authors: Fountoukakos K; Puech-Baron C.
  Pages: 460 - 467
  Abstract: In the wake of the recent CK Telecoms judgment of the General Court, this article advocates for more clarity and a higher standard of proof and standard of review in antitrust, and in particular abuse of dominance, cases.
  PubDate: Fri, 30 Oct 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa080
  Issue No: Vol. 11, No. 8 (2020)
The Use of Artificial Intelligence in the Future of Competition Law
Enforcement
- Authors: von Bonin A; Malhi S.
  Pages: 468 - 471
  Abstract: In a future in which the evidential underpinnings for initiating competition law investigations could begin to shift towards a reliance upon the use of artificial intelligence, this paper outlines some of the key opportunities and risks for businesses and regulators.
  PubDate: Tue, 27 Oct 2020 00:00:00 GMT
  DOI: 10.1093/jeclap/lpaa077
  Issue No: Vol. 11, No. 8 (2020)