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The Consistent Application of EU Competition Law

Substantive and Procedural Challenges

  • Adriana Almășan
  • Peter Whelan

Part of the Studies in European Economic Law and Regulation book series (SEELR, volume 9)

Table of contents

  1. Front Matter
    Pages i-xxi
  2. EU Competition Policy and the Harmonized Enforcement of Articles 101 and 102 TFEU

  3. Court of Justice Jurisprudence as an Instrument of Harmonization

  4. Jurisdictional Challenges to the Consistent Application of Articles 101 and 102 TFEU

  5. Preliminary Rulings – Instruments for the Consistent Application of Articles 101 and 102 TFEU

  6. Selected National Application of Articles 101 and 102 TFEU

About this book

Introduction

In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law.

This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Keywords

Application of EU Competition Law EU Competition Policy Harmonized Enforcement of Articles 101 And 102 TFEU Antitrust Enforcement Convergence within the European Competition Network European Court of Justice EU Competition Law Application of Articles 101 and 102 TFEU Public Investments Uniform Applicability of EU Competition Law EU Competition Rules Criminalisation and Regulation Private Enforcement of Competition Law Articles 101 and 102 TFEU and Arbitration

Editors and affiliations

  • Adriana Almășan
    • 1
  • Peter Whelan
    • 2
  1. 1.Faculty of LawUniversity of BucharestBucharest, Sector 5Romania
  2. 2.School of LawUniversity of LeedsLeedsUnited Kingdom

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-47382-6
  • Copyright Information Springer International Publishing AG 2017
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-47381-9
  • Online ISBN 978-3-319-47382-6
  • Series Print ISSN 2214-2037
  • Series Online ISSN 2214-2045
  • Buy this book on publisher's site