Article 123 TFEU: The No Monetary Financing Rule
Article 101 TFEU and market integration
... In Micro Leader, 92 the General Court examined the lawfulness of a practice taking place in a similar factual context. It is perhaps the ruling where the logic of the case law is more apparent. The Commission rejected a ...
26
The Allocation of the Legal Burden of Proof in Article 101 TFEU Cases: A ‘Clear’ Rule with Not-So-Clear Implications
... of Article 101 TFEU at the national ...of Article 101 TFEU, allocating the whole legal burden on the national competition authority or the person alleging its violation is the inevitable ...
33
Appreciability and de minimis in Article 102 TFEU
... 4.1.The many meanings of effects It cannot be disputed that some practices are only abusive where they have, or are likely to have, an anticompetitive effect. However, there is not much guidance in the case law about the ...
23
Intel Leveraging Rebates and the Goals of Article 102 TFEU
... OF ARTICLE 102 TFEU Nicolas PETIT ∗ Abstract: This paper reviews the 2014 Intel judgment of the General Court of the EU in relation to exclusivity rebates given by dominant ...prohibition rule ...
35
Monetary Policy and the Financing of Firms
... In response to a negative technology shock, the simple Taylor rule tries to stabilize in‡ation (see Figure 3). The large amount of nominal funds that …rms carry over from the previous period, therefore, has high ...
46
Monetary Policy and the Financing of Firms
... In response to a negative technology shock, the simple Taylor rule tries to stabilize in‡ation (see Figure 4). The large amount of nominal funds that …rms carry over from the previous period, therefore, has high ...
50
Applying Normative Theories in EU Competition Law: Exploring Article 102 TFEU
... pursue their commercial interests while a strong regulatory framework would limit the capacity of the powerful market players and restrict the state from intervening in a manner distortive of market structure. 66 Being ...
28
EU Competition Law Abuse of Dominance (Article 102 TFEU) Eirik Østerud
... Policy dilemma (background) • «[w]hether any particular act of a monopolist is exclusionary, rather than merely a form of vigorous competition, can be difficult to discern: the means of illicit exclusion, like the means ...
29
Rebates and Article 102 TFEU: The European Commission's Duty to Apply the Guidance Paper
... a rule of practice, but it is bound to give reasons and the Court will verify if they are justified and supported by sufficient legal reasoning, 65 and if those reasons are in line with legitimate expectations, ...
12
Intel and article 102 TFEU case law: making sense of a perpetual controversy
... qualified rule if it were safe to presume that they are always, or almost always, implemented by dominant undertakings for exclusionary purposes and/or if it were safe to presume that they have always, or almost ...
32
THE ELEMENT OF HEALTHCARE QUALITY UNDER AN ARTICLE 101 TFEU ANALYSIS: HOW DO
... In the same vein, in the AOK case the Court examined whether the fixing of maximum contributions by the German health insurance funds towards the costs of medicinal products was illegal under the European competition ...
24
The case for a monetary rule in a constitutional democracy
... Congress. Article I, Section 9, of the Constitution states, “No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and ...
21
Taylor rule and the conduct of monetary policy in Tunisia
... access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly ...of monetary ...
13
Seeking injunctions in SEPs infringement proceedings as an abuse of dominant position under Article 102 TFEU
... 47 SEP on FRAND terms distinguishes the present case from ITT Promedia and Protégé International, thus justifying the departure from that case law. 397 In the event the Commission accepted the ITT Promedia exceptional ...
72
The European Union as a Constitutional Guardian of Internet Privacy and Data Protection: the Story of Article 16 TFEU
... This study discusses privacy and data protection as essential values in democratic societies, which are subject to the rule of law. The EU Treaties have granted the Union a widely formulated role in ensuring ...
6
Impact of the New Approach to Article 102 TFEU on the Enforcement of the Polish Prohibition of Dominant Position Abuse
... the rule of reason under Article 9 of the Competition ...of Article 6 of the Act of 1990 could also be helpful, at least to some extent, to the implementation of the efficiency defence under the ...
22
The Standing of Environmental Objectives in the Assessment of Fiscal State Aid Under Article 107(1) TFEU
... fiscal measures. 386 It is however debatable whether such a change in the established assess- ment methodology would be feasible as it is, just like the currently applicable three-step test, subject to discretionary ...
123
Marek Rzotkiewicz, Article 108(2) TFEU as a Tool for the Commission to Bypass Article 258 TFEU Proceedings
... choose Article 108(2) TFEU proceedings instead of Article 258 TFEU proceedings for proving a Member State’s infringement? However, it must be noted that this question is not about whether the ...
17
The dogmatic of article 101 TFEU and information exchanges
... 162 This issue cannot be sufficiently dealt in this thesis. As it is well-known, the general view is that the ECJ has unlimited jurisdiction over the setting of the fine but not with regards other aspect of the ...
240
Characterizing hard core cartels under Article 101 TFEU
... under Article 101, the outer boundaries of the cartel concept are by no means ...under Article 101(1), the only constraint when recognizing new categories of cartel conduct is that the (necessarily ...
25