The Consistent Application of EU Competition Law (eBook)

Dr Adriana AlmășanAdriana Almășan is an Associate Professor of Law and a former Vice-Dean responsible with international relations at the University of Bucharest, Faculty of Law. She teaches in various areas of Competition Law and Civil Law (Civil Obligations, Dynamics of Civil Obligations, Property Law, Property Legal Protection and Secured Transactions and Contract Negotiation). She has introduced in the scholar curricula several new subjects, such as Advanced Competition Law for the Master in Public Acquisitions, Concessions and Public-Private Partnership, and as well as Contract Negotiation at the Master of Business Law (for the first time in a faculty of law in Romania). She is member of the panel of arbitrators with the Romanian Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania. She is author and co-author of several books and articles on civil law, contract negotiation and competition law. She practices law, currently as Managing Partner and coordinator of competition law and contract law practice of Law Office ‘Doru Traila, Silviu Stratulat, Adriana Almășan, Andrei Albulescu, TSAA-Attorneys at Law’. She is a member of the Bucharest Bar Association, with her main practice involving assistance and representation in competition law (antitrust cases, M&A and State aid cases), contract and business negotiation. She has been Senior European Union Expert on competition law and she is the co-founder and co-director of the ‘Centre for Competition Law Studies’, established by the Faculty of Law, University of Bucharest, in cooperation with the Romanian Competition Council.  She is the editor of the private law section of the ‘Judicial Courier’, a law review issued by C. H. Beck Publishing House, and sits on the scientific board of Romanian Competition Review, edited by the Romanian Competition Council.Dr Peter WhelanDr Peter Whelan is an Associate Professor in Law at the School of Law, University of Leeds, where he is the Deputy Director of the Centre for Criminal Justice Studies. He has degrees in law from Trinity College Dublin and a PhD in Law from St John's College, University of Cambridge. A qualified US Attorney-at-Law, and a member of the New State Bar, Peter is an expert in competition law and criminal law. He sits on the Editorial Boards of five law journals and has published widely in specialist competition law journals, as well as in generalist law journals (including Oxford Journal of Legal Studies, Cambridge Law Journal and Modern Law Review). He has provided oral evidence on cartel criminalization to the New Zealand Parliament and recently delivered a commissioned report to the Finnish Ministry of Justice advising it on the desirability of introducing criminal cartel sanctions in Finland. He has provided training in competition law to a variety of judges from different levels of the Romanian judicial system and was a Visiting Professor at the Institute of International Trade and Law in Moscow, Russia. He has used his research and expertise on cartel criminalisation to advise practising lawyers on criminal investigations affecting their clients. Peter is currently the Managing Editor of Oxford Competition Law (operated by Oxford University Press) and sits on the Council of the Society of Legal Scholars. He recently published a monograph with Oxford University Press on the criminalization of European cartel enforcement.

PART I: EU COMPETITION POLICY AND THE HARMONIZED ENFORCEMENT OF ARTICLES 101 AND 102 TFEU                                  Chapter 1: Convergence within the European Competition Network: Legislative Harmonization and Enforcement PrioritiesDr Bogdan Chirițoiu, Faculty of Business Administration, University of BucharestChapter 2: The Commission Communication on Ten Years of Antitrust Enforcement under Regulation 1/2003 - Prospective Priorities and ChallengesDr Cătălin Rusu, Radboud University Nijmegen PART II: EUROPEAN COURT OF JUSTICE JURISPRUDENCE AS AN INSTRUMENT OF HARMONIZATIONChapter 3: Of Cattle, Crashes and Cards - Recent Case-law of the Court of Justice on Restrictions by ObjectJudge Anthony Collins, General Court of European Union Chapter 4: The Concept of Anti-Competitive Object under EU Competition Law: Comparative Perspectives and European RealitiesDr Csongor István Nagy, Szeged UniversityChapter 5: Public Investments and the Application of Articles 101 and 102 TFEUDr Simona Gherghina, Faculty of Law, University of BucharestPART III: JURISDICTIONAL CHALLENGES TO THE CONSISTENT APPLICATION OF ARTICLES 101 AND 102 TFEUChapter 6: European Cartel Criminalisation and Regulation 1/2003: Avoiding Potential ProblemsDr Peter Whelan, University of LeedsChapter 7: Regulation Brussels 1 and the Application of Articles 101 and 102 TFEU by National CourtsProfessor Jean-Marc Thouvenin, Université de Paris Ouest Nanterre La Défense Chapter 8: The Arbitrability of Articles 101 and 102 TFEUDr Adriana Almășan, University of BucharestPART IV: PRELIMINARY RULINGS – INSTRUMENTS FOR THE CONSISTENT APPLICATION OF ARTICLES 101 AND 102 TFEUChapter 9: The National Judge and Preliminary Rulings: Recent CJEU Case Law on Articles 101 and 102 TFEUProfessor Camelia Toader, Court of Justice of the European Union and Faculty of Law, University of Bucharest Chapter 10: The Role of Preliminary Rulings in the Uniform Application of EU Competition LawEmeritus Professor Jules Stuyck, University of Leuven (KU Leuven), Radboud University NijmegenPART V: SELECTED NATIONAL APPLICATION OF ARTICLES 101 AND 102 TFEUChapter 11: The Uniform Application of Articles 101 and 102 TFEU in German Competition LawProfessor Bernd Oppermann, Leibnitz University of Hanover and Ahmad Chmeis, Leibnitz University of HanoverChapter 12:  Recent Developments in the Application of Articles 101 and 102 TFEU by French CourtsDr Rafael Amaro, Université Paris Descartes – Sorbonne Paris Cité (CEDAG)Chapter 13: Recent Developments in Romanian Jurisprudence Regarding the Application of Articles 101 and 102 TFEUDr Sorin David, University of BucharestChapter 14: Application of EU Competition Law by the Hungarian Judiciary: Cooperation with the ECJ and Relying on the Case Law of the ECtHRDr Mónika Papp, University of Eötvös Loránd, Budapest Chapter 15: The Application of EU Competition Law in Poland  Dr Krystyna Kowalik-Bańczyk, Institute for Legal Studies, Polish Academy of Sciences