Title: Navigating the Complexity of Eu Competition Law Thesis Topics

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Claiming authorship over such content or applying it to your project without proper reference would
mean copyright infringement. The grand total of the sources we searched was 3,749. Close this
message to accept cookies or find out how to manage your cookie settings. Footnote 27 They further
analyse case law to conclude that courts always side with protecting consumers over efficiency.
Many rich countries protect and restore competition on their markets. It is impossible to decide
whether competition law is the appropriate tool with which to correct the various perceived faults
and imperfections of markets if it is not first known what this tool is meant to accomplish. The
control of undue corporate market power remained an uncontested goal of competition law but
concerns around stark wealth inequalities and exploitation of workers often linked to the
monumental success of star firms raised the question of whether competition law should also pursue
broader socio-economic interests such as wealth redistribution, labour protection, and fairness. The
quantitative and qualitative analysis we perform does not discount the authoritativeness of key
sources nor of the accompanying scholarly analysis; in fact, we observe that a small number of
decisions and opinions have shaped decisional practice by serving as constant points of reference.
Notably, the literature advocating for fairness is relatively recent, a reflection of the fact that this
goal has mostly been in the spotlight since Commissioner Vestager took office as EU Commissioner
for Competition in 2014. Application of EU Competition Law under Financial Crisis. Here are some
exciting business law topics to write about. Given below are some exciting topics that you can
explore for your law school thesis. By using this service, you agree that you will only keep content
for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing
services. Brief history of competition laws Objectives of competition policy Relationship with other
public policy objectives. Learn more here. What is the difference between the pricing plans.
Hovenkamp argues that the Chicago School of antitrust, with its emphasis on a more economic
approach and efficiency and use of neoclassical economics, fails to capture the reality of how firms
make short-term choices. The book analysis the benefits and weaknesses of this development within
the over-all reality of small economies like ours. The experience in the industry will clear all your
doubts about us regarding the fraudulent acts. Get in touch with us online or call us for help with a
research paper. By using this service, you agree that you will only keep content for personal use, and
will not openly distribute them via Dropbox, Google Drive or other file sharing services. In detail,
we provide exhaustive evidence that EU competition law pursues a multitude of goals concurrently,
which dispels the myth of monothematic competition law. This body of almost 4,000 sources paints a
comprehensive picture of the underlying goals of EU competition law, and helps conclusively
confirm some previous insights while debunking others, thereby helping to advance the present
application and future evolution of competition law. None of you would want to witness the failure
at the end of the degree program for which you have invested your time, efforts, and money. On
merger control we only reviewed Phase II decisions, under the same rationale. The renewal price will
likely include a small increase over the prior year's subscription rate. Rijit Sengupta Role of Trade
Unions in Promoting Competition in Zambia 13 th February 2012, Kitwe, Zambia. We note at the
outset that our methodology was not guided by an initial hypothesis; our approach was data-driven,
meaning that we designed the methodology without anticipating any particular outcomes. Footnote
19 Competition law has been part of the EU's primary laws since the Treaty of Rome in 1957;
inspired by it (and by the US antitrust rules), competition laws now exist in more than 110 countries
and territories around the world. How the civil liberties in the international law impact the public
safety. For example, it is clear that Commission Vestager is a strong advocate of fairness, whereas
Commissioner Kroes was concerned predominantly with welfare.
Footnote 16 This is only natural, since the final word rests with enforcers and courts, and so their
decisions are a key source of how the law is to be perceived not only statically but in a historical
depth too, including legislative intent. Legal frames and human rights for police interrogations. No
credit will be given for cancellations more than 60 days after the invoice date. If some keywords are
counted as NY or N and some as Y, Y prevails. Lianos then contends that competition law ought to
integrate considerations of inequality under a framework that seeks to avoid consumer harm, which
he considers more appropriate as a goal than protecting consumer welfare. Article 102: Relevant
Market Dominance must be assessed in relation to three variables: The product market; The
geografical market; The temporal factor 37. Many rich developed countries protect and restore
economic competition on their markets with their interventions. Footnote 29 In their view, the
ideological underpinnings of the project of European integration have favoured a policy choice to
encourage redistribution to consumers and this has inevitably also flavoured EU competition law.
What are the gaps that need to be addressed in the law of human rights. Notably, the literature
advocating for fairness is relatively recent, a reflection of the fact that this goal has mostly been in
the spotlight since Commissioner Vestager took office as EU Commissioner for Competition in 2014.
Footnote 46 He identifies a progression in the goals of EU competition law, from emphasis on
market integration, to protecting smaller competitors, to protecting consumers. This list is generated
based on data provided by Crossref. We treated all text in decisions and opinions as equal (ie we did
not differentiate between legal reasoning, obiter etc), on the assumption that the whole text of
decisions and opinions contributes to their outcome (but see rule 2d in Table 5 below). To receive any
credit, subscriber must return all product(s) shipped during the year at their expense within the
applicable cancellation period listed above. Whilst exploring issues concerning Human Rights it
examines the pitfalls that need addressing, also offering some realistic proposals for change. Odudu
is the author that best represents this goal as he rejects efforts to justify a competition policy
concerned with more than efficiency, partly on the basis of an argument that policy-linking
obligations contained in the TFEU, such as Article 168(1), may lack direct effect. The insights we
derived tell us a lot about EU competition law's historical application from 1962 through to 2020, but
they also allow us to make safer predictions as to the future of EU competition policy and reflect on
general EU law. Other insights resolve more controversial issues, therefore advancing our
understanding of the true state of affairs. Nevertheless, learners must invest time and effort in
research and data analysis to develop quality papers. After all, fairness has only taken centre-stage in
academic writing in the past decade (see section 1 above). Please use the Get access link above for
information on how to access this content. In total, we searched through 447 speeches ( Table 3 ).
This allowed us to approach the research question with a clean slate, which we concluded was
preferable, since our study was the first to statistically analyse EU institutions’ decisional practice
and we erred on the side of neutrality. Currently 15 members: Original Members: Belgium Germany
France Italy Luxembourg Netherlands. Shipments may not be returned, and no credits will be
issued, more than 30 days after receipt. From a positivist legal perspective, our research shows that
no goal has ever been predominant and no goal has ever subsumed other goals; we do not think that
will change. This was necessary because the keywords corresponding to each of the seven goals we
studied came with idiosyncratic meanings calling for pre-defined principles on how they should be
handled. We ourselves downloaded the decisions on Art 102 TFEU and on merger control.
Surprisingly, we do not find evidence that scholarly work or prior case law consistently affect the
perceived goals of competition law, which suggests that the goals are inherent. Footnote 10
Competition laws are among the most concise, cryptic, and abstract legal provisions, and so attempts
to uncover the hidden details by looking at what the lawmakers might have meant seems reasonable.
How the human rights of the refugees at the sea are being protected by the governing rescue.
Footnote 4 Shifting the focus from one of those goals to another can impact not only the outcome of
enforcement activity, but, crucially, whether the enforcement mechanism is engaged at all. Footnote
25 In essence, Bork's thesis has been interpreted as arguing for total welfare, even though he refers
to it as consumer welfare. In detail, we provide exhaustive evidence that EU competition law pursues
a multitude of goals concurrently, which dispels the myth of monothematic competition law. Even
under the broader set of results (ALL), fairness still ranks low as a goal. Ordoliberal goals (Goal 3 in
Table 2) are on the rise in Court decisions, and in Commission decisions since 2013 after a dip in the
last 20 years. Besides personal priorities, the historical context of their office terms may help to
explain these results. Please use the Get access link above for information on how to access this
content. Look out for the read-aloud symbol on your next book to see if you can listen to it. He
argues that competition law presents a dilemma for liberal democracies, as it strives to strike a
balance between economic freedom on the one hand and constraining market power on the other
hand. The process of rivalry between firms striving to gain sales and make profits. We introduce here
instead a quantitative analysis of the case law and present the results of the first empirical study into
the goals and purposes of EU competition law as they emerge from the entirety of the case law of
the European Court of Justice, opinions of the Advocate Generals, Commission decisions, and
speeches of Commissioners for Competition. Currently 15 members: Original Members: Belgium
Germany France Italy Luxembourg Netherlands. Footnote 51 She argues that since 1980, US courts
have retreated from the tradition of protecting the competitive process (rivalry) and the openness of
markets. He subsequently obtained an LL.M. (with honors) and Ph.D. in EC Competition Law from
the University of Cambridge in England. Justification of anatomy in the lawsuit related to sexual
offenses. Take a review of different varieties of thesis topics and samples from our website
TheResearchGuardian.com on multiple subjects for every educational level. Other insights resolve
more controversial issues, therefore advancing our understanding of the true state of affairs.
Therefore, while our results on speeches prior to 2005 are as robust as they can be given the
availability of archival material, they are not as reliable as the rest. Many rich countries protect and
restore competition on their markets. He is a Fellow of the American Bar Foundation and has been
Vice Chair of the ABA Antitrust Section’s Cartel and Criminal Practice, Intellectual Property, and
International Committees, as well as a member of the Section’s Civil Redress Task Force. This was
necessary because the keywords corresponding to each of the seven goals we studied came with
idiosyncratic meanings calling for pre-defined principles on how they should be handled. By using
this service, you agree that you will only keep content for personal use, and will not openly distribute
them via Dropbox, Google Drive or other file sharing services. Trade policy focuses on removing
government created barriers to competition while competition policy focuses on removing barriers
created by private parties 12. In speeches, ordoliberalism is reflected at steady rates. Subscriber are
advised of the number of updates that were made to the particular Publication the prior year.The
number of Updates may vary due to developments in the law and other publishing issues,but
Subscriber may use use this as a rough estimate of future shipments.Subscribers may call Customer
Support at 800-833-9844 for additional information on update frequency and price. The read-aloud
tool reads text aloud for you, highlighting the text as it is being read. This article has been cited by
the following publications. This is because digital markets may sometimes create harms that are not
captured by the welfare criterion but can be explained on the grounds of harm to the process of
competition. Nevertheless, learners must invest time and effort in research and data analysis to
develop quality papers.