Competition law belongs to the traditional core of Community internal market law and continues to play an important part in EU law and the case-law of the Court of First Instance and the Court of Justice of the European Communities. Competition law does not form a static and hermetic domain but should, perhaps now more than ever before, be seen in a broader context and as a dynamic area of law. The topics in this book include pure competition law issues, such as who should be held accountable and responsible for competition law infringements, when is a price so high that it becomes abusive, or the object or effect test under Article 82 EC. Moreover, they include competition law issues in a broader context, such as the influence of competition law on free movement rules, the application of competition law to international maritime transport, consumer interests in the application of competition law, unfair competition law and trade marks, confidentiality issues, the interplay between administrative law and competition law, or the principle of fiscal neutrality, not forgetting State aid issues.
This book draws together contributions from well-known experts in EU law and competition law in particular, being either current or former members or referendaires at one of the Community Courts. It is a tribute to Judge Virpi Tiili, who, when leaving the Court of First Instance in autumn 2009, will be remembered for her long and outstanding contribution to the Court's case-law, notably in areas such as competition law and intellectual property law.
Heikki Kanninen has been a Judge at the Court of First Instance since 2009. Prior to that he was Judge at the EU Civil Service Tribunal. Nina Korjus is a referendaire to Judge Heikki Kanninen at the Court of First Instance. She was formerly referendaire to Judge Virpi Tiili. Allan Rosas is a Judge at the Court of Justice of the European Communities.
1. The Court of First Instance and the Management of Competition Law Litigation Marc Jaeger 2. The Influence of Competition Law on Free Movement Rules Pernilla Lindh 3. The Role of Competition Law in the Evolution of Community Law Irena Pelikanova 4. The Commission's Activity Upstream and Downstream Ascertaining and Sanctioning Antitrust Behaviours Paolo Mengozzi 5. The Difficult Relationship between National Health Systems and EU Competition Rules Otto Czucz 6. Obsession with Justice - Competition Law Infringements and Their Perpetrators Nils Wahl 7. EU Competition Law and International Maritime Transport: How to Create a Level Playing Field? Jan Vanhamme 8. Article 82 EC - When Is a Price so High that It Becomes Abusive? - An Appreciation of a Particularly Subjective Character Bo Vesterdorf 9. Object and Effects-Based Approaches in Identifying Abuses of a Dominant Position under Article 82 EC Arjen W.H. Meij & Tristan Baume 10. Product Safety and Antitrust - Focus on Enforcement Networks Maija Laurila 11. Consumer Protection and EU Competition Law Sari Haukka 12. Unfair Competition and Trade Marks Nina Korjus 13. Sanctioning EC Competition Law Infringements: as Time Goes by... Arnaud Bohler 14. Confidentiality Issues in Competition Law - The Impact of Confidentiality Issues on Proceedings before the CFI Savvas S. Papasavvas 15. Parallel Trade in the Pharmaceutical Industry from a Competition Point of View Aitor Montesa Lloreda 16. Administrative Law under the Pressure of Competition Law - Some Reflections on Their Interplay Heikki Kanninen 17. Value Added Tax and Distortion of Competition Allan Rosas 18. State Aid and Direct Taxation Koen Lenaerts 19. The Tension between Member States' Autonomy and Commission Control in State Aid Matters: Selected Aspects Josef Azizi 20. The Standing of the Competitors of the Aid Recipient in State Aid Cases Marc Barennes