A framework for European competition law : co-ordinated diversity /
Townley, Christopher,author.
"This book asks whether the current push to increase uniformity in substantive competition policy and enforcement in Europe (particularly EU competition law (Articles 101 and 102 TFEU and the merger rules), but also Member State laws), as well as in relation to the procedural rules and institutional structures (particularly the independence of competition authorities - the benefits of which are questioned both theoretically and empirically), is desirable. Contrary to the over-whelming view of academics, practitioners and regulators in this area, the book argues that uniformity is not enough and examines ways of achieving a better mix of uniformity and diversity here (the EU's motto is 'United in Diversity'). Uniformity has many benefits; yet, the advantages of diversity are also legion, including allowing for diverse national policy preferences; enabling experimentation and innovation; and better uncovering national preferences. A balance between uniformity and diversity is advocated. To achieve this better balance, the book offers a new framework for European competition law, Co-ordinated Diversity. Finally, this book asks whether Co-ordinated Diversity fits within the current legal order in the European Union (EU), as well as the EU constitutional settlement more generally, and suggests some ways that it might be made compatible with this order relatively easily"--
Includes bibliographical references and index.
Disagreements -- The importance of diversity (and uniformity) -- Competition authorities, independence and how it undermines diversity -- Hierarchy -- Regulatory competition -- Policy networks -- Learning mechanisms -- Co-ordinated diversity -- Legal limits to co-ordinated diversity under today's EU rules -- The EU constitutional order and competition law -- EU constitutional limits to co-ordinated diversity -- Conclusion.
"This book asks whether the current push to increase uniformity in substantive competition policy and enforcement in Europe (particularly EU competition law (Articles 101 and 102 TFEU and the merger rules), but also Member State laws), as well as in relation to the procedural rules and institutional structures (particularly the independence of competition authorities - the benefits of which are questioned both theoretically and empirically), is desirable. Contrary to the over-whelming view of academics, practitioners and regulators in this area, the book argues that uniformity is not enough and examines ways of achieving a better mix of uniformity and diversity here (the EU's motto is 'United in Diversity'). Uniformity has many benefits; yet, the advantages of diversity are also legion, including allowing for diverse national policy preferences; enabling experimentation and innovation; and better uncovering national preferences. A balance between uniformity and diversity is advocated. To achieve this better balance, the book offers a new framework for European competition law, Co-ordinated Diversity. Finally, this book asks whether Co-ordinated Diversity fits within the current legal order in the European Union (EU), as well as the EU constitutional settlement more generally, and suggests some ways that it might be made compatible with this order relatively easily"--
Antitrust law
Antitrust law.
Framework for European competition law