The Transformation of EU Competition Law - Next Generation Issues

The Transformation of EU Competition Law is a compendium assessing the successes and failures of the prevailing ‘modernisation’ policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world by reviewing the current situation. The controversy surrounding EU competition rules has multiplied lately. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels.

What’s in this book:

Drawing on the presentations at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges, this book brings together contributions by prominent practitioners and academics, officials of the European Commission, representatives of national competition authorities, and EU Court judges.

They address the following salient issues:

• free competition versus ‘regulated competition’ as alternative or complementary models;
• new methods for the identification of consumer harm and benefits;
• sui generis competition law regimes for specific sectors;
• State aid enforcement and crisis management; and
• the green and digital objectives and their legal and political implications.

How this will help you:

The essays deliver a comprehensive treatment of the EU Courts’ jurisprudence and the literature in the field. They discuss the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe for practitioners, policymakers and academics working with competition law.

Editors

Contributors

Introduction: Speech by Margrethe Vestager, Executive Vice-President of the European Commission

CHAPTER 1 The Effects-Based Approach: Still Just as Necessary for an Effective and Coherent EU Competition Policy

Luc Peeperkorn

CHAPTER 2 Towards a Fourth Paradigm in European Competition Policy? A Historical Perspective (1957-2022)

Laurent Warlouzet

CHAPTER 3 The Genesis and Main Features of the Digital Markets Act

Inge Bernaerts

CHAPTER 4 The New Drive Towards ‘Economic Sovereignty’ in Europe: What Changes for Competition Policy?

Isabelle de Silva

CHAPTER 5 Neoclassical Competition Policy Without Apology

Jorge Padilla

CHAPTER 6 Challenges of Decentralisation of Competition Law Enforcement: A Retrospective Overview in Case Law

Krystyna Kowalik-Ban´czyk

CHAPTER 7 Article 3 of Regulation 1/2003 and the Doctrine of Pre-emption

Miguel Mota Delgado & Nicolas Petit

CHAPTER 8 Experimentalist Governance in EU Antitrust: Possibilities and Limitations

Giorgio Monti

CHAPTER 9 Is the Effects-Based Approach Too Cumbersome?: Taking Stock of Recent Practice and Case Law on Article 102 TFEU

Fernando Castillo de la Torre

CHAPTER 10 The Consumer Welfare Standard: A ‘Problem’ to Fix in EU Competition Law?

Assimakis Komninos

CHAPTER 11 The Role of the EU Courts in Competition Cases: A View from the Bar

Alfonso Lamadrid de Pablo

CHAPTER 12 Rethinking the Preliminary Reference Procedure

Marc van der Woude

CHAPTER 13 Competition Law and the New Regulatory Landscape: What Lies Ahead?

Cani Fernández & Adriana Meijide

CHAPTER 14 The New Normal: State Aid Policy from Financial Crisis to COVID-19 Pandemic and Beyond

Ina Lunneryd

CHAPTER 15 Should We Adapt the Centralised Enforcement System in the New Era?

Jacques Derenne