Predatory pricing strategies in the European union: A case for legal reform.
PREDATORY PRICING STRATEGIES IN THE EUROPEAN UNION: A CASE FOR LEGAL REFORM Until now, in-depth analyses concerning predatory pricing have, to a large extent, been scarce in European Union Competition Law, and relevant questions been rarely dealt with by the competent authorities and courts in the Union; criticism produced by European academics or practitioners on the subject has also been rather infrequent. [FN1] By contrast, on the other side of the Atlantic, academic activity, mainly initiated after 1975, the year of publication of a seminal scholarly article attempting to delineate an appropriate standard to cope with this issue, [FN2] has not only been rich, but has also furnished American judges with the appropriate legal and economic basis on which they grounded their numerous holdings. Given this lack of experience in the E.U., would it be wise to assume that a potential incorporation in its Competition Law system of the American standards on predatory pricing may be successful, and under which circumstances? Would, perhaps, the different conditions currently prevailing in the two markets undermine the accuracy of such incorporation? And, in any case, may such differences be properly reconciled with this proposal? This article suggests that an adoption of the American conclusions on predatory pricing issues may indeed be successful. To prove the truth of the
How far has the creation of a single market in goods resulted in the limitation of powers of community member states in the field of commercial activity?
How far has the creation of a single market in goods resulted in the limitation of powers of community member states in the field of commercial activity? Introduction Free movement of goods is a fundamental part of the single market, although goods have never been defined by the EC treaty, it was left sufficiently vague so as to encompass many products "which shall cover all goods"1. The principle of movement of goods has been described as the "corner stone"2 of the community as defined in Article 143 originally Article 8a of the EEC Treaty: "An area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this treaty"4 The underlying objective permeating through the main provisions of the community concerning free movement of goods political integration. The phrase 'single market' or 'internal market' replaced the term 'common market' by the Single European Act 1986. The primary reason why states joined the community was because of the benefits and exposure it would give their goods in the internal market, a market free of internal restriction on trade5. The philosophy behind the free market was that market forces compete in the world market increasing economic efficiency. This philosophy of included in its definition, products originating from third countries. This can be seen in Article
Judicial Activism
Module 1 - Question 1 The European Court of Justice has been described as 'judicially activist' and has been accused by some critics of delivering judgments that are inconsistent with the Treaties. Are these criticisms fair? Page Introduction 2 Free Movement of Goods 4 General Principles of European Law 9 Criticism 2 Conclusion 7 Books 20 Cases 21 Journal/Book Articles 23 Table of Treaties, Regulations and Directives 25 CONTENTS Introduction Judge Robert Lecourt introduced the idea of a 'people's court', an alleged concern for the safety of the weak by the ECJ. However surely, the Court's activism has been useful to a number of individuals. The French Prime Minister, Michel Debre, said in 1979, 'J'accuse la Cour de Justice de megalomanie maladive'1. Moreover, Margaret Thatcher, at the Maastricht Treaty said that 'some things at the Court are very much to our distaste'2. Furthermore, attacks have been made by the German press3 and by Hjalte Rasmussen where it has been blamed of 'revolting judicial behaviour'4. However, the European Court has been placed in the margin by the media, the lawyers and the academic community. Eric Stein described the court as being 'tucked away in the fairyland Duchy of Luxembourg and blessed with benign neglect by the powers that be and the mass media'5. The European Court therefore met with little criticism even
EU Law - Albatros Pool problem case. Mark and Sunita must be advised that directives, unlike regulations, do not typically establish legal rights and duties automatically on entering into force.
________________ ________________ Law of the EU Coursework ________________ 2012 PART A 1. ALBATROSS SWIMMING POOL Assume that the hypothetical EU and national legislation in this problem question exist. Following concern about the public health effects of using chlorination as a technique for cleaning swimming pools, the European Union legislature decide on 1 January 2003 to pass Directive 2003/01/EC on swimming pool safety (hereinafter referred to as 'the Directive'). Article 1 (1) of the Directive stipulates: 'Member States shall ensure that the use of chlorine cleaning agents in swimming pools is prohibited by the deadline set out in Article 20'. Article 20 of the Directive stipulates that Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 1 January 2005. The United Kingdom does not pass any legislation intended to implement the Directive. There is some existing UK legislation applicable to swimming pool safety, specifically the Health and Safety of Leisure FacilitiesAct 1974 (hereinafter referred to as 'the 1974 Act'). Section 1 of the 1974 stipulates the following general obligation on proprietors of leisure facilities, which are defined elsewhere in the 1974 Act to include swimming pools: 's2. It shall be the duty of every leisure facility proprietor to conduct his undertaking in
What barriers must be removed in the European Union to ensure the free movement of goods? Explain how this will help trade between member States.
Suzanne K. Menzies. Outcome 2. Tutor: Michelle Semple. Contents. Introduction............................................................................................ 3 Part 1 - ................................................................................................... 4 - 8 What barriers must be removed in the European Union to ensure the free movement of goods? Explain how this will help trade between member States. Part 2 - .................................................................................................. 9 - 12 How has the standardisation of fiscal policy helped establish the single market? Part 3 - ................................................................................................. 13 - 17 Explain how the European Social Policy has attempted to ensure citizens can work and provide services in a Member State within the European Union. Part 4 - ................................................................................................... 18 - 20 What restrictions do exist within the European Union, with regards to the free movement concept of the Single European Market? Conclusion............................................................................................... 21 Appendix 1........................................................................................ 22
Company Law and Corporate Governance
"The knock on effect of Enron on European Initiatives in the area of Corporate Governance has been immeasurable and promises to revitalise the whole of the company law harmonisation agenda" Discuss Background and Introduction "Company Law and Corporate Governance are right at the heart of the political agenda, on both sides of the Atlantic"1. The extent of Enron's ruin was enormous, being the largest American company ever to file for bankruptcy2. Justifiably the tragedy sparked an enormous United States Senate Investigation and it was shown that directors of Enron intentionally ignored high risk accounting procedures that led to the energy company's collapse3. After the Enron misfortune, few people doubted the need to re-examine corporate governance globally. Corporate Governance is a contentious issue for lawyers, accountants, politicians and businesses alike4 and in the last decade corporate governance has been a priority on the agenda of several governments and has been firmly under the spotlight. Corporate scandals such as Enron have exposed companies' susceptibility to mismanagement, conflicts of interest and corruption5. As a result, corporate governance has moved up from being a mere exercise to becoming a considerable concern for companies. Corporate Governance is an incredibly extensive area of Company Law, and so for this reason it would be impractical to
The Court of First Instance in Jego Quere
Robert Charles Alexander (054643848) - M100 LL.B (Hons.) Law - Level Two 2 January 2007 European Union Law - Assignment: Q3: "The Court of First instance in Jego Quere found that the right to an effective remedy, drawn inter alia from the Charter of Fundamental Rights, was inadequately protected by the model of judicial protection developed over decades since Plaumann. But was it open to put things right? Weatherill, Cases and Materials on EU Law, 7th edition, p.266. In the light of this statement, critically appraise European Community law on the aspect of standing, 'individual concern', evaluating the rulings of the European Courts and the respective Opinions of Advocate General Jacobs in Jego Quere and UPA v Council". Introduction This is a question about: a) the rulings of the European Courts in the three cases of Plaumann & Co v Commission of the European Economic Community1, Unión de Pequenõs Agricultores v Council2 and Jégo-Quéré et Cie SA v Commission3; b) the comments made in relation to these cases by Advocate General Francis G. Jacobs4 and his opinions therein; and c) the interpretation and subsequent application of Article 2305 of the Treaty of the European Union. In order to critically appraise the above issues it will be necessary to first look at the system of justice in the European Union (EU) and the details of the three cases - albeit briefly -
What was the relationship between the Factortame case and the Treaty of Rome 1957?
The Factortame[1] case involved the legislative discretion of a Member State, namely the UK, to address an issue which was deemed detrimental to their citizens. Such resulted in a lengthy litigation due to objections to the implementation of the Merchant Shipping Act 1988[2]. Questions: . What was the relationship between the Factortame case and the Treaty of Rome 1957? 2. In consideration of such relationship and the impact thereof on Member States, what was the significance of the Factortame case? The Factortame litigation concerns companies with Spanish interests who had previously enjoyed fishing rights entitling them to fish against UK quotas under the Common Fisheries Policy[3] Rights enjoyed under the Merchant Shipping Act 1894[4] became invalid on introduction of the Merchant Shipping Act 1988[5] which required owners of vessels fishing in UK waters to reside in the UK and that 75% of ownership of shipping vessels were required to be held by British citizens or companies[6]. Registration of vessels under the Merchant Shipping Act 1894[7] would become invalid as of 01 April 1989 and re-registration would be required. Many previously registered vessels were not able to comply with the requirements; such decrease in trade would have a detrimental effect on the fishermen economically and socially[8]. In 1976 the EEC[9] required Members to ensure equal access to and
An investigation into the problems that have arisen with regard the use of the general powers enshrined in Article 94, 95 and the residual power in 308 EC in relation to the development of the European Community's competence.
In the following paper an investigation will be made into the problems that have arisen with regard the use of the general powers enshrined in Article 94, 95 and the residual power in 308 EC in relation to the development of the European Community's competence. Introduction By virtue of Article 1 of the Maastricht Treaty on the European Union: 'The Union shall be founded on the European Communities, supplemented by the policies and forms of cooperation established by this treaty' The European Communities as referred to above are of paramount importance in the structure and development of the Union, as it is through their relevant Treaties that the legal basis has been provided, for the implementation of policy legislation. Although comprehensive in nature, the Treaties do contain general and residuary powers to enact policy legislation that has not been specifically provided for, in particular Article 94, 95 and 308 of the EC Treaty.1 Through the general use of these provisions, has surfaced a 'statal anxiety over the creeping competences of the European Union' which has ultimately led to an in depth review of the delimitation of Community powers.2 In the following paper, the widening powers of the European Community will be outlined and elaborated on in order to provide a relevant background to the present problem concerning the delimitation of Community
Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, 2001/29/EC, on the problems posed for musical copyright owners by the development of the Internet. Does the Directive achieve, in your view, a workable and effec
Directive on Copyright - E.U Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, 2001/29/EC, on the problems posed for musical copyright owners by the development of the Internet. Does the Directive achieve, in your view, a workable and effective balance between copyright owners and Internet users? Copyrights Owners' Perspective The concept of copyright is essential to the development of new concepts and ideas. It is the reward for composer's work when producing a song or piece of music. It gives the owners of such works a level of control over what is done with it once it has been created. The provisions specifically designed to protect copyright owners' rights can be found in Articles 1,2,3,4,6 and 7. These rights ensure that the copyright owners' have the right to be identified as the author and have the exclusive right to reproduce, control and distribute their works. The creation of the Internet brought with it a number of difficulties in enforcing the rights of composer's. It is effectively "one large copy machine that can make and distribute an unlimited number of copies of content worldwide." 1 . The availability and increasingly widespread use of the Internet has made it infinitely possible for thousands, if not millions, of users to copy, download, and distribute songs and music, without the knowledge or supervision of