The Shaping of EU Competition Law
Publisher: Cambridge University Press
Published: Aug 16, 2018
Language: eng
Format: hardcover
Number of pages: 384
ISBN-13: 9781108429429
Description: "Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online"--

"1. Institutions and substance in EU competition law The substantive and institutional aspects of a legal discipline are closely intertwined. One cannot be properly understood without the other. The substantive evolution of a discipline may prompt institutional change. Conversely, the structure through which the law is applied can influence the interpretation of substantive provisions. For instance, a field may evolve differently depending on whether enforcement is entrusted to a generalist court or to a specialist agency instead. The choice of cases - and thus the direction into which the law moves - may vary depending on the model followed. Private parties litigating in court have motivations and incentives that differ from those of an agency acting in the public interest. The approach to the interpretation of the relevant provisions may also be influenced by the institutional structure. Generalist courts may place an emphasis on legal certainty and the administrability of the system. In this sense, they may be inclined to look beyond the outcome of a specific dispute when shaping rules and standards. Expert agencies, on the other hand, may give more weight to the circumstances of each case"--