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Worst Decision Of The Eu Court Of Justice: The Alrosa Judgment In Context And The Future Of Commitment Decisions, Frederic Jenny
Worst Decision Of The Eu Court Of Justice: The Alrosa Judgment In Context And The Future Of Commitment Decisions, Frederic Jenny
Fordham International Law Journal
This Article details the evolution of the commitment decisions, analyzes the logic and the consequences of the Alrosa Court judgment, and offers some suggestions on how to establish a better equilibrium between the legitimate objective of promoting the effectiveness of the Commission by allowing it enough flexibility to end cases when competition could be restored rapidly and without major expense thanks to the cooperation of investigated firms, while respecting the necessity to ensure that the effectiveness of enforcement remains compatible with three goals: developing a robust competition law jurisprudence to ensure legal predictability, particularly in abuse of dominance cases; ensuring …
Eu External Relations: Exclusive Competence Revisited, Allan Rosas
Eu External Relations: Exclusive Competence Revisited, Allan Rosas
Fordham International Law Journal
This Article will focus on the question of exclusive competence in the field of EU external relations, especially in the light of recent developments. After a brief discussion on the origins and development of exclusive competence, a distinction will be made between common commercial policy, which has traditionally been the most important area of an explicit “a priori” exclusive competence, and what is often called an implicit exclusive competence, which, as it is today based on some general criteria enshrined in TFEU Article 3(2), may be called “supervening” exclusive competence. With regard to both categories, the main focus will be …
Private Parties And The Free Movement Of Goods: Responsible, Irresponsible, Or A Lack Of Principles?, Laurence W. Gormley
Private Parties And The Free Movement Of Goods: Responsible, Irresponsible, Or A Lack Of Principles?, Laurence W. Gormley
Fordham International Law Journal
Whether the free movement of goods provisions in EU law apply to the acts of private parties has long been the subject of discussion in the literature, although for many years the discussion was rather inactive. However, because of developments in the case-law of the European Court of Justice on the other freedoms, the question of the extent to which actions of private parties are caught has become of particular interest. This Article addresses this debate and seeks to offer some guidance towards its resolution.