EU Competition Law in Context Essays in Honour of Virpi Tiili

by Kanninen, Heikki; Korjus, Nina; Rosas, Allan

• ISBN13: 9781849460347
• ISBN10: 1849460345
• Format: Hardcover
• Copyright: 2009-10-01
• Publisher: Hart Publishing

Summary

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 reacute;feacute;rendaires 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.

Author Biography

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 référendaire to Judge Heikki Kanninen at the Court of First Instance. She was formerly référendaire to Judge Virpi Tiili.
Allan Rosas has been a judge at the European Court of Justice since January 2002, having formerly been Armfelt Professor of Law at the Åbo Akademi University and later Principal Legal Adviser and Deputy Director-General of the Legal Service of the European Commission.

Table of Contents

Preface	p. v
List of Contributors	p. ix
Table of Cases	p. xi
The Court of First Instance and the Management of Competition Law Litigation	p. 1
The Influence of Competition Law on Free Movement Rules	p. 17
The Role of Competition Law in the Evolution of Community Law	p. 27
The Commission's Activity Upstream and Downstream Ascertaining and Sanctioning Antitrust Behaviours	p. 39
The Difficult Relationship between National Health Systems and EU Competition Rules	p. 47
Obsession with Justice - Competition Law Infringements and Their Perpetrators	p. 61
EU Competition Law and International Maritime Transport: How to Create a Level Playing Field?	p. 73
Article 82 EC - When Is a Price so High that It Becomes Abusive? - An Appreciation of a Particularly Subjective Character	p. 85
Object and Effects-Based Approaches in Identifying Abuses of a Dominant Position under Article 82 EC	p. 97
Product Safety and Antitrust-Focus on Enforcement Networks	p. 117
Consumer Protection and EU Competition Law	p. 131
Unfair Competition and Trade Marks	p. 149
Sanctioning EC Competition Law Infringements: as Time Goes	p. 183
Confidentiality Issues in Competition Law - The Impact of Confidentiality Issues on Proceedings before the CFI	p. 221
Parallel Trade in the Pharmaceutical Industry from a Competition Point of View	p. 233
Administrative Law under the Pressure of Competition Law - Some Reflections on Their Interplay	p. 261
Value Added Tax and Distortion of Competition	p. 275
State Aid and Direct Taxation	p. 291
The Tension between Member States' Autonomy and Commission Control in State Aid Matters: Selected Aspects	p. 307
The Standing of the Competitors of the Aid Recipient in State Aid Cases	p. 321
Index	p. 335
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