Get Competition Policy Enforcement in EU Member States: What is PDF

By Mattia Guidi

ISBN-10: 1137588136

ISBN-13: 9781137588135

ISBN-10: 1137588144

ISBN-13: 9781137588142

This ebook investigates the the most important ecu coverage of pageant, that's enforced via the fee and through nationwide corporations that get pleasure from a number of levels of autonomy from their governments. increasingly more policy-making actions are these days delegated to businesses that can't be held responsible to parliaments, and finally to electorate. the writer explains why this is often the case within the box of european pageant coverage and discusses no matter if independence is associated with more advantageous enforcement – as theories of delegation and customary knowledge may recommend. those questions are explored with an in-depth research protecting 27 ecu nations for 17 years (1993–2009). whereas the consequences exhibit that independence is given whilst international locations lack credibility and stable popularity, in addition they indicate that autonomy from governments can rarely be linked to enhanced regulatory output. So, is independence of pageant specialists valuable to society in spite of everything? This ebook will entice upper-level scholars and students attracted to festival coverage, regulatory corporations, and eu public coverage.

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5 Competition policy can have both aspects: it is ex ante, for instance, when a proposal for merger is submitted to the competent authority, which can block it before the lessening of competition occurs; it is ex post in the case of investigations and decisions on restrictive practices (the main focus of this book), which start when some supposed infringement has taken place, and aims to restore more competitive conditions. 18 M. GUIDI Why is regulation adopted? Which driving forces lead to the adoption of certain policies?

Therefore, it does not come as a surprise that the policy was interpreted with varying and often ambivalent attitudes in the first decades. Before we briefly analyse the development of European competition policy in the first decades, let us focus on the main features of Regulation 17/62, which represented the institutional framework in which competition enforcement against restrictive practices and abuses of dominant position was carried out until 2004. Besides specifying the Commission’s powers in investigating cases and issuing decisions, as well as the upper limits of fines and penalties, Regulation 17 required firms who wanted to request exemptions for their restrictive agreements to notify the Commission: notification was a precondition for applying that provision.

10 In most EEC/EU member states, competition policy was “downloaded” from the European level (McGowan 2005). This gave the Commission considerable leeway in incrementally defining the content of the policy. Also the scope of EU competition policy has been constantly expanding since the 1960s (Wilks 2010; Kassim and Wright 2009): after Regulation 17/62, which gave the Commission the power to implement Articles 101 and 102 of the Treaty, in 1989 the Commission’s proposal of having a European merger policy was accepted by the member states and became Council Regulation 4064/89.

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Competition Policy Enforcement in EU Member States: What is Independence for? by Mattia Guidi

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