© F-D & B, 2000 The facts speak for themselves Comparisons to EU Competition Law Presented by Jürgen Brandstätter Vienna, Austria October 13, 2000.

Slides:



Advertisements
Similar presentations
GREETINGS TO CHARTERED ACCOUNTANTS FOR ICAIS POST QUALIFICATION COURSE VIDEO CONFERENCE FROM HYDERABAD 26 AUGUST 2005.
Advertisements

European legal update IGCE, November 5th 2006, Dublin Evelyn Heffermehl ULYS law firm.
Trade Associations and EU Competition Law Alan S. Reid Lecturer in Law Robert Gordon University, Aberdeen, UK.
The fundamentals of EC competition law
Liability and Procedure in European Antitrust Law The EU Damages Directive Does the European Union overstep the mark again?
Enforcement pluralism Regulation of market conduct –EU Commission General surveillance of compliance with the Treaty “Trustbuster”: DG Comp –National Competition.
EC Competition law – sanctions & procedure
EU Competition Policy. Internal Market One of the activities of the Community: “an internal market characterised by the abolition, as between member States,
EUROJARGON AL. Acquis communautaire This is a French term meaning, essentially, "the EU as it is" – in other words, the rights and obligations that EU.
Business environment in the EUPrepared by Dr. Endre Domonkos (PhD) 1st Semester, Academic Year 2011/2012.
Administration in International Organizations PUBLIC COMPETITION LAW Class I, 6th Oct 2014 Krzysztof Rokita.
INTRODUCTION TO COMPETITION LAW
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. CHAPTER 22 Regulating the Competitive Environment.
POWELL, GOLDSTEIN, FRAZER & MURPHY LLP ORIGINAL IDEAS. UNCOMMON SOLUTIONS. U.S. INTERNATIONAL CARTEL ENFORCEMENT Presented by Neil R. Ellis Vienna, Austria.
© 2007 by West Legal Studies in Business / A Division of Thomson Learning CHAPTER 20 Promoting Competition.
European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› WP.29 Enforcement Working Group.
Gaming Laws and Advertising Laws in Europe Latest Developments Thibault VERBIEST Partner – ULYS Casino Affiliate.
The Law of the European Union Information and Communication.
Introduction to EU Law Cont.d. ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure.
European Commission Labour Law A new framework for European Works Councils Evelyne Pichot European Commission Berlin, October 2010.
European Commission – Directorate General for Competition Dr. K. Mehta, Director, Cartels A PRIMER ON ANTI-TRUST POLICY IN THE EUROPEAN UNION UCL – Louvain-la-Neuve.
19 McGraw-Hill/IrwinCopyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.. Antitrust Policy and Regulation.
European Competition Policy. References Faull & Nikpay: The EC Law of Competition. 2nd Ed. Oxford University Press, 2007 Bellamy, C., Child, G. European.
1 © F-D & B, 2002 The new Green Paper on EC Merger Control Presented by Mathias Görg Vienna, Austria March 2002.
Korean Competition Law and Practice in Perspective December 2007 Dr. Youngjin Jung Yulchon.
Introductory course on Competition and Regulation Pál Belényesi University of Verona October 2006.
ERA Academy of European Law Trier. Competition rules and regulation of legal professions – Case law of the ECJ 4 th Annual conference on EU Law Institute.
Directive on the protection of the environment through criminal law Anna Karamat European Commission DG Environment Unit A.2 ‘Infringements’
Legal Protection of Competition Economic Dependence Michal Petr Office for the Protection of Competition.
Finding a PPP Partner Essential EU Law Considerations Bernard Wilson Maribor, 18 January 2005 Bernard Wilson Maribor, 18 January 2005.
1 Regulating the Competitive Environment Chapter 22 © 2005 Thomson/West Legal Studies In Business.
Russell Pittman “Economics at Community Colleges” October 5, 2012 The views expressed are not purported to reflect the views of the U.S. Department of.
1. Main types: 1. Formal International and Supranational Organizations -WTO: the world trade agreements provide for binding obligations of the Member.
Chapter 20 Antitrust and Regulation of Competition Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without.
FEDERAL ANTIMONOPOLY SERVICE Moscow 2006 New Antimonopoly Law of the Russian Federation.
Business Law and the Regulation of Business Chapter 43: Antitrust By Richard A. Mann & Barry S. Roberts.
EU. Institutions History and Objectives of Competition Law.
Chapter 23 Antitrust Law and Unfair Trade Practices.
European competition policy. Role of competition policy Promote economic efficiency To control intensity of competition within economy Some areas it is.
© 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved.1 PowerPoint Slides to Accompany The Legal, Ethical, and International.
European Commission, DG Competition, A, A-4 ECN The ECN, coherency and the review of decisions of the Commission and the National Competition Authorities.
Legal Protection of Competition 2. EC and National Competition law (Who applies which law, and why?) Michal Petr Office for the Protection of Competition.
Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 5 Government Regulation of Competition and Prices Twomey Jennings.
EU Business Law: Anticompetitive agreements (Art. 101 TFEU) Dr. Agata Jurkowska-Gomułka.
Evaluation of restrictions: art. 15 and art TAIEX Seminar on the EU Service Directive, 3 May 2007 Carlos Almaraz.
© 2004 West Legal Studies in Business, a Division of Thomson Learning 20.1 Chapter 20 Antitrust Law.
Institute for Austrian and International Tax Law Cooperative compliance at the crossroad of different legal frameworks – Cooperative.
2014 International Business Program & Erasmus Faculty of Management, University of Warsaw T. Skoczny & Co. EUROPEAN BUSINESS LAW.
LEB Slide Set 14 Competition Law Matti Rudanko. LEB Slide Set 14 2 A Constitution of Market Economy Well-functioning markets – an unwritten fundamental.
PHILIPPINE COMPETITION ACT
competition rules in inland transport
Markkinoiden juridinen toimintaympäristö Kalvot 15
CHAPTER 42: ANTITRUST LAW
European Union Law Week 10.
EU Competition Rules for Technology Transfer Agreements
Competition Law and its Application: European Union
Professor Wang Xiaoye Chinese Academy of Social Sciences Law Institute
Chapter 37 Antitrust Law.
Lear - Laboratorio di economia, antitrust, regolamentazione
Business Law Course Department of Business and Law, University of Siena Dr Gabriella Gimigliano, Senior Researcher in Business Law Business Law Course,
Chapter 5 Government Regulation of Competition and Prices
IPR AND CONCENTRATIONS
Environmental Considerations in European Competition Law
UNFAIR COMPETITION LAWS
EUROPEAN UNION LAW
EU Competition Policy Article 101 TFEU.
Academic Year Prof. Pietro Boria
Essentials of the legal environment today, 5e
The Law of the European Union
UNFAIR COMPETITION LAWS
Presentation transcript:

© F-D & B, 2000 The facts speak for themselves Comparisons to EU Competition Law Presented by Jürgen Brandstätter Vienna, Austria October 13, 2000

© F-D & B, 2000 The facts speak for themselves âIndustrialisation and cartelisation go hand in hand âRigid Sherman Act 1890 with treble damages and criminal penalties âGerman “Sächsisches Holzschutzkartell”- decision: cartels are desirable Comparisons to EU Competition Law

© F-D & B, 2000 The facts speak for themselves âDifferent attitude of Austrian legal practice, first European draft of a cartel law in Austria in 1897 âIG-Farben was the world´s largest group of undertakings from 1925 to 1951/52 âRegistration principle in Austria 1951, prohibition principle in Germany 1958 Comparisons to EU Competition Law

© F-D & B, 2000 The facts speak for themselves âSpecial feature of EC competition law: ”Single Market integration” âApplication of EC competition law only, if interstate trade effect âEuropean Commission shares with national courts the competence in terms of Art. 81 (1) (2) ECT and the block exemptions Comparisons to EU Competition Law

© F-D & B, 2000 The facts speak for themselves âEuropean Commission: US-approach of ”effects doctrine” âEuropean Court of Justice still indecisive as to “effects doctrine” Comparisons to EU Competition Law

© F-D & B, 2000 The facts speak for themselves âSeemingly all embracing wording of US and EC cartel provisions âUS courts apply ”rule of reason” âArt. 81 (3) ECT militates against the adoption of a rule of reason under EC competition law âWide approach of the European Court of Justice as to Art. 81 (1) ECT, only limited exceptions Comparisons to EU Competition Law

© F-D & B, 2000 The facts speak for themselves âUS-principle of ”per se-illegality” not part of EC competition law âFramework of criteria under Art. 81 (3) ECT for individual exemption âAgreements that restrict competition need an exemption in order not to be void under Art. 81(2) ECT âIndividual exemption procedure: extremely cumbersome and projected Comparisons to EU Competition Law

© F-D & B, 2000 The facts speak for themselves âSeveral block exemptions issued by the European Commission: no need for notification âBrand new block exemption on vertical restraints (No. 2790/99) âCommission proposal for direct application of Art. 81 (3) in the Member States: problem of legal certainty Comparisons to EU Competition Law

© F-D & B, 2000 The facts speak for themselves âNo exemption for an abuse of a dominant position âUnlike Sherman Act no prohibition of unilateral conduct with the intention to monopolise under EC competition law; only abuse of a dominant position already existing is forbidden âAcceptance of the US doctrine of ”essential facility” by the European Court of Justice Comparisons to EU Competition Law

© F-D & B, 2000 The facts speak for themselves âFour main principles of the EC merger regulation: -”Community dimension” -”one-stop-merger control” -”preventive control” -decisiveness of market structure âOnly creating or strengthening of a dominant position inadmissible under EC competition law; under US antitrust law the danger of considerable lessening of competition is sufficient Comparisons to EU Competition Law