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COMPETITION LAW

Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement.

Competition law is known as antitrust law in the United States for historical reasons, and as anti-monopoly law in China and Russia. In previous years it has been known as trade practices law in the United Kingdom and Australia. In the European Union, it is referred to as both antitrust and competition law.

The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks.

Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states. National competition law usually does not cover activity beyond territorial borders unless it has significant effects at nation-state level. Countries may allow for extraterritorial jurisdiction in competition cases based on so-called "effects doctrine".

The protection of international competition is governed by international competition agreements. In 1945, during the negotiations preceding the adoption of the General Agreement on Tariffs and Trade (GATT) in 1947, limited international competition obligations were proposed within the Charter for an International Trade Organisation. These obligations were not included in GATT, but in 1994, with the conclusion of the Uruguay Round of GATT multilateral negotiations, the World Trade Organization (WTO) was created. The Agreement Establishing the WTO included a range of limited provisions on various cross-border competition issues on a sector specific basis.

Catalin S. Rusu,
Anne Looijestijn-Clearie,
Marc Veenbrink & Simon Tans (eds)

May 2020
ISBN: 9789462405646

Public and private enforcement of the EU competition law rules have been boosted during the recent years by the adoption of the Private Damages Directive and the ECN+ Directive. It goes without saying that the enhanced focus on private enforcement of the competition law rules will give rise to new challenges. The ECN+ Directive, in its turn, will impact public enforcement at domestic level. The topics tackled in this book range from the importance of establishing compliance programmes, to the various dimensions in which the ECN+ Directive will impact domestic enforcement of the EU competition law rules, to setting enforcement priorities and allocating cases within the European Competition Network, and, last but not least, to correctly contextualising the CJEU’s recent case law on the notion of undertaking in private enforcement proceedings. This book thus touches upon diverse topics which all relate to new directions of competition law enforcement.

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