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- EU competition law (6)
- Article 102 TFEU (2)
- German competition law (2)
- Romanian competition law (2)
- Abuse of a dominant position (1)
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- Abuse of dominant position; Cartels; Competition policy; EU law; Economics; Fines (1)
- Article 102 TFEU; cross-border service payments; fair competition; SEPA (1)
- Comparative competition law (1)
- Discrimination (1)
- Distortion of competition (1)
- Dominant position; EU law; Harmonisation; Romanian Competition Council (1)
- EU law (1)
- German competition law; European competition law; abuse of dominance (1)
- Goals of competition law (1)
- Guidance Paper on Article 82 EC (1)
- Legal interpretation (1)
- Object and effect restrictions (1)
- Oligopolies (1)
- Undistorted competition (1)
- Unfair competition (1)
Articles 1 - 8 of 8
Full-Text Articles in European Law
A Legal-Historical Review Of The Eu Competition Rules, Anca Daniela Chirita
A Legal-Historical Review Of The Eu Competition Rules, Anca Daniela Chirita
Anca Daniela Chirita
This article aims to review EU competition rules by undertaking a historical purposive interpretation of the drafting process of the Treaty of Rome. It reveals new insights based on a consideration of several historical archives starting with the Schuman plan, the Founding Treaty establishing the European Coal and Steel Community and the negotiations of the Treaty of Rome. Questions of contemporary relevance are explored, relating to the goals of competition law, the historical distinction between ‘object’ and ‘effect’ under Article 101 TFEU, the possibility of an enforcement gap under Article 102 TFEU, the relationship between unfair competition and the prohibition …
Cross-Border Service Payments Under Eu Fair Competition And Sepa Rules, Anca Daniela Chirita
Cross-Border Service Payments Under Eu Fair Competition And Sepa Rules, Anca Daniela Chirita
Anca Daniela Chirita
EU rules on the functioning of a Single European Payment Area (SEPA) Union-wide with free movement of cross-border services have an impact upon fair competition in the internal market for both consumers and smaller businesses. Under Article 102 (a) TFEU, the cost analysis of pricing must be supplemented by translating unfair trading terms and conditions from the field of legal analysis of contracts into that of economics. Terms and conditions which create a more onerous obligation form an integral part of an economic contract concluded by undertakings, irrespective of their market shares, based on a cogent interpretation of their significant …
Recent Abuse Of Dominance And Cartel Cases, Anca Daniela Chirita
Recent Abuse Of Dominance And Cartel Cases, Anca Daniela Chirita
Anca Daniela Chirita
This articles offers a brief review of the recent developments in the areas of abuse of dominance and cartels under Romanian competition law.
The German And Romanian Abuse Of Market Dominance In The Light Of Article 102 Tfeu (Nomos, Baden-Baden), Anca Daniela Chirita
The German And Romanian Abuse Of Market Dominance In The Light Of Article 102 Tfeu (Nomos, Baden-Baden), Anca Daniela Chirita
Anca Daniela Chirita
No abstract provided.
Undistorted, Un(Fair) Competition, Consumer Welfare And The Interpretation Of Article 102 Tfeu, Anca Daniela Chirita
Undistorted, Un(Fair) Competition, Consumer Welfare And The Interpretation Of Article 102 Tfeu, Anca Daniela Chirita
Anca Daniela Chirita
This article explains the Lisbon Treaty’s provisions relating to competition policy and offers a dynamic interpretation of Article 102 Treaty on the Functioning of the European Union (TFEU), which could justify the consideration of an effects-based approach to those anti-competitive practices that are most harmful to the final consumers under the economic theory of consumer welfare. The implications of ‘consumerprotection requirements’ must shed special light on Article 12 TFEU. Therefore, this article examines the possibility of shifting the courts’ teleological interpretation of Article 102, which is based on Protocol 27’s ‘undistorted competition’, towards a legal balancing test of the Treaty’s …
The Ec Commission's Guidance Paper On The Application Of Article 82 Ec, Anca Daniela Chirita
The Ec Commission's Guidance Paper On The Application Of Article 82 Ec, Anca Daniela Chirita
Anca Daniela Chirita
This article aims to introduce the Guidance Paper's key features in applying Article 82 EC to abusive exclusionary conduct by dominant undertakings. It will therefore examine the concepts of consumer welfare, anticompetitive foreclosure, consumer harm, the efficiency-based defence and balancing test, and some issues that apply to predation and tying. It will also discuss how the Guidance Paper could be perceived from the perspective of German competition law and policy and what kind of transitional regime might be required for the effective implementation of its major analytical concepts. The central issue is therefore to answer the simple questions of how …
The Analysis Of Market Dominance And Restrictive Practices Under German Antitrust Law In Light Of Ec Antitrust Law, Anca Daniela Chirita
The Analysis Of Market Dominance And Restrictive Practices Under German Antitrust Law In Light Of Ec Antitrust Law, Anca Daniela Chirita
Anca Daniela Chirita
This article analyses key features of the German Act Against Restraints of Competition (section 19), including the more severe provisions of section 20, and aims to discuss the economic freedom of competition approach to the abuse of a dominant market position. Furthermore, the article details with specific examples of abuse in cases heard by the Federal Cartel Office, with particular focus upon predatory pricing, cross-subsidisation, rebates, exclusive contracts, tying and bundling, refusal abuses, hindrance and abuse of economic dependence. Emphasis is placed upon differences in the implementation of antitrust law and upon answering the question of whether more severe rules …
The Abuse Of Dominant Market Position Under Romanian Antitrust Law In Light Of European Antitrust Law, Anca Daniela Chirita
The Abuse Of Dominant Market Position Under Romanian Antitrust Law In Light Of European Antitrust Law, Anca Daniela Chirita
Anca Daniela Chirita
This article discusses the decisions by the Romanian Competition Council on abuse of a dominance position and offers an analysis and criticism of the Romanian competition rules.