This website uses cookies to ensure you have the best experience. Learn more

European Competition Law Essay

1936 words - 8 pages


European Competition Law offers a unique area where law and economics interact to produce an effective internal market. One of the goals in EU Competition law is to avoid markets and companies to be abuse or to fail. Under EU legislation concerning competition law states that ‘direct effect of the prohibitions laid down in Articles 101 and 102 of the Treaty that any individual can claim compensation for the harm suffered, where there is a causal relationship between that harm and an infringement of the EU competition rules.’ Damages claims for infringements on Article 101 and 102 TFEU consider being an important area of the private enforcement system. Infringements of Competition Law can harm not only companies and consumers, but also can affect Europe as a whole. Even though the EU public and private enforcement systems have different objectives, they do effects each other. The EU has a more of a public enforcement approach, while the US has a more private enforcement approach. The purpose of the essay is to identify whether EU law manage to maintain a balance of public and private enforcement, comparing it with other enforcement systems. The first part of the essay focuses on the EU legislation concerning the public and private enforcement legislation. This will give a better understanding on Europe’s approach towards the enforcement systems. The second part of the essay will explain in detail the public and private enforcement. The third part of the essay will concentrate on the existing difficulties between the enforcement systems and the new Directive proposed by the Commission. The fourth part of the essay will compare the US and EU enforcement systems and then evaluate whether the EU should take similar approach. The last part of the essay will focus on the interaction of public and private enforcement systems and assess whether the EU law manage to keep a balance between them.


Competition law provisions can be found in Article 101, 102, 107 TFEU and the Merger Regulation, all of those prohibit anticompetitive agreements and abuse of dominance. In order to achieve the objectives of the antitrust rules, EU needs an effective enforcement system for enforcing EU Competition Law. Any infringement of the EU Competition rules does not only affect the internal market, but affects the consumers as well. The infringement of competition law usually occurs when there is an abuse of a dominant position or price cartels. Since the CJEU’s judgment in the Courage v Crehan case, it gave the right for direct applicant of community law and the civil consequences of competition law infringement. Courts judgment gave the right to claim damages, whether it is individuals to a Member States or individual against individual. The CJEU emphasize the fact that that individuals or companies who suffer any kind of harm from a breach of competition law, are then ‘entitled to compensation from the infringers.’ European competition...

Find Another Essay On European Competition Law

Anti-monopoly laws in Turkey, Greece, and Italy,and Their Enforcement

1581 words - 6 pages problems, but are also unique in their organization. For example, the countries under the European Union are very similar and follow the same guidelines to those of other nations; however, each country also has his own unique competition laws. Other nations, like Turkey, also have created competition laws, which follow the same pattern as the policies of the EU. On December 13, 1994 Turkey passed the Law on the Protection of Competition, which

European Parilment along with European Union

4142 words - 17 pages decision making: Member States have granted the European Commission power to issue decisions in certain areas such as competition law, State Aid control and liberalisation.· Harmonisation: Member State laws are harmonised through the EU legislative process, which involves the European Commission, European Parliament and Council of the European Union. As a result of this European Union Law is increasingly present in the systems of the

court of justice

865 words - 4 pages individuals, companies, organizations, and cases relating to competition law (Communication Department of the European Commission). Although the General Court does not have advocate generals, the procedure for hearings in the General Court is similar to the Court of Justice (Curia). The General Court sits in chambers of three or five judges, but in some cases it might consist of a single judge. However, most of the cases presented before the

The European Union extended

4864 words - 19 pages , and it would be founded upon treaties guaranteeing the rule of law and equality between all countries.Robert Schuman (French Foreign Affairs Minister) took up an idea originally conceived by Jean Monnet and, on 9 May 1950, proposed setting up a European Coal and Steel Community (ECSC). In countries that had once fought each other, the production of coal and steel would be pooled under a shared authority - the 'High Authority'. In a practical but

the vital importance of establishing ‘a system ensuring that competition in the internal market is not distorted

2609 words - 10 pages removal of State-imposed barriers to trade between the Member States. Through attaining this, it can be argued, competition policy has aimed, whilst monitoring the survival of the fittest; also protect the weak and the pursuit of important social goals. [2: Report on Competition Policy, 2010, COM (2011) 328 final][3: Barnard, Catherine, Scott, Joanne, The Law of the Single European Market: Unpacking the Premises, 1st edn, (Oregon: Hart Publishing

Cultural Protectionism in the European Union

2244 words - 9 pages international trade law. The alleged hostility towards cultural considerations within the world trade order is definitely not ungrounded, but more light should be thrown upon it. Overview of the European film sector Weaknesses & Threats The European film industry faces several weaknesses, such as a fragmented market, the issue of access to capital and linguistic barriers. Each European country has its own national characteristics (own

Jurisdiction of consumer protection

1798 words - 7 pages implementation of these laws into a certain European country. For the purpose of this assignment, comparison between recently accepted EU country – Croatia, and European veteran – England, will be made. Jurisdiction in consumer protection in Croatia: The law regulating consumer protection in Republic of Croatia actually began years before Croatia was actually admitted to EU. That was, more specifically, time of the harmonization of Croatian

The Single European Market

2289 words - 9 pages barriers, as well as the liberalization of internal competition through strict competition policies possible. In other words, the Single Market serves as a base for the freedom of goods, services, people, establishment and capital.2. The Five European Freedoms of Movement2.1 Free Movement of GoodsThe Treaty on European Union deals with five different types of freedom in the EU.First of all, there is the free movement of goods. The term implies

The European Union: More Economic Union than Political Union

2186 words - 9 pages thus been an indication of the continued search of a balance by the European states without a rather keen observation to achieving a common destiny. Safe to a common market, the EU has also tried to achieve this balance through its competition policy. This competition policy, like the antitrust laws have been laid down to put checks and balances upon the multinational corporations, states as well as other economic bodies. To enhance the

Theoretical, Doctrinal and International aspect of Brexit - bournemouth university - Assignment

5630 words - 23 pages Introduction Brexit is a historic decision taken by United Kingdom (“UK”). The exit from European Union is expected to place a huge impact on not only political and social stature of UK, but it is likely to impact legislative amendments in the UK law as well. The change in law due to Brexit is expected to be influenced under European legislation as the extent of divergence is expected from the final implementation of the decision[footnoteRef:1

Merger Clearance: An Uncertain Outcome in a Global Market

2097 words - 9 pages two levels of applicable competition law, the European Union competition law and the member state local competition law. However, the focus will be turned towards the federal competition framework and the EU competition law, since they are the applicable law to the mergers herein discussed. In the United States the core of federal antitrust law is set out in the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. Specifically, the

Similar Essays

Principle Economics Essay

588 words - 2 pages purchases. Thanks this customer have a whole range selection. The European Union want to create common market concerning on the principles of free movement of goods, free market economy and free competition, giving priority to the effective sharing of resources. The EU has already implemented law regulations which help in shaping undistorted competition in the internal market and strengthening the competitiveness of industry. This short paper

Competition Law In The World Essay

1675 words - 7 pages the United State not willing to give its authorities to a higher law (WTO) is the fact that the law was more likely to be the European Union competition law and not the United State antitrust. Since that the European Union has been more influential than the Untied State in exporting their competition law model to the other countries*. Secondly, the number of countries that had competition regime at that time was 90 out of 144 developing

Eu Ciompetition Law Essay

1222 words - 5 pages because those Member States tend to have more favourable rules, such as Netherland, UK and Germany. Lastly, the current lack of regulation rules between public enforcement and private damages causes legal uncertainty and there are unnecessary delays and complications in lawsuits before national courts. Works Cited • Arthur, T., Modernisation of European Competition Law: The Unsatisfactory Application of the Antitrust Statutes of the

Analysis Of The European Union’s Role As A Model Intergovernmental Organization

1610 words - 6 pages Perrons, 1994). At the end of 2004, the EU involved 25 European states, which means that this bold enlargement added seventy-five million people to create the globe’s biggest free-trade bloc and it transformed the face of Europe by ending the continent’s division (Kegley, 2009). Guiso and his partners (2004) analyze that the main channel of finical development through which this effect should operate is increased competition with more