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The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
Emanuela A. Matei
The unlawfulness of the intra-EU BITs, the experiences of the new Member States unremittingly involved in investor-to state disputes and the tumultuous debates during the T-TIP negotiations are first and foremost examined from a legal perspective underlining the clash between a system designed for preferential treatment and the EU legal order based on the prohibition of discrimination. The ISDS clause represents an attribute of procedural inequality, which is furthermore convoluted by the constitutional structure of the Union i.e. the strictly limited access of private persons to supranational courts. This article enlarges the scope of the review of incompatibility by placing …
Access To Competition File As A Precondition Of Access To Justice - A Dialectical Approach To Justice And Effective Competition, Emanuela A. Matei
Access To Competition File As A Precondition Of Access To Justice - A Dialectical Approach To Justice And Effective Competition, Emanuela A. Matei
Emanuela A. Matei
This paper comes as a result of a couple of months of research in the field of private enforcement of competition law and after writing a series of articles in e-Competitions under Kluwer Law International dealing with the most recent case law. The occurrence of global cartels is not an unusual state in a globalized world. Despite this reality, the Union law provides quite blunt instruments to deal with the case of civil damages for cartel infringements. The use of the legal dogmatic method should be enhanced to a level of deeper dialectical analysis in order to reveal more aspects …
The Sanction Regime Applicable To An Illegal Direct Award Initiated Before The Remedies Directive Has Taken Full Effect, Emanuela A. Matei
The Sanction Regime Applicable To An Illegal Direct Award Initiated Before The Remedies Directive Has Taken Full Effect, Emanuela A. Matei
Emanuela A. Matei
The respect due to the transparency principle in public procurement law is embodied by the obligation to publish in advance a contract award notice. In Sweden an award in breach of the named obligation is subject to a stricter regime of penalties according to national law, though the application of the prescribed sanction has been limited to awards being initiated subsequent to 15 July 2010. Judicial proceedings at last instance have been kept and a final judgment has been given in favour of the contracting authority. The Supreme Administrative Court interprets the national public procurement law by making reference to …
Public Procurement And Remedies, Emanuela A. Matei
Public Procurement And Remedies, Emanuela A. Matei
Emanuela A. Matei
No abstract provided.
Case Comment Solvay C-57/01 Top Slices Rebates, Emanuela A. Matei
Case Comment Solvay C-57/01 Top Slices Rebates, Emanuela A. Matei
Emanuela A. Matei
The case concerns top-slices rebates, as abusive practices under 102(2)(b) and 102(2)(c)TFEU. The judgment is in line with the previous case-law, reinforcing that a dominant undertaking has a special responsibility not to eliminate the residual competition. Solvay’s arguments that support the pleas on the absence of a dominant position and of an abuse and concern the structure of its production costs are rejected by the Court. As to the procedural part, the absence of repeated infringements is established by the Court in its finding that collusion and abuse of dominance are not similar types of infringements.