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Providing a clear overview of the main issues in EC competition law and policy, this is an up-to-date text for students and practioners alike. Focusing on the two main Treaty Articles which are concerned with competition law, this book looks at the foundations of EC competition law, anti-competition agreements, abuse of dominant position, and the enforcement of EC competition law.

AbstractThis chapter examines the influence of the Advocates General in promoting trust in the work of the Court of Justice of the European Union. While it accepts that it may be difficult to quantify this influence—given the non-binding nature of the Opinions—it argues that the work of the Advocates General has an impact in securing confidence in the Court. This conclusion is supported by an examination of three possible levels of the influence exerted by the Advocates General, which are considered in the chapter in descending order of abstraction. The first and most abstract dimension of this influence is that provided by the institutional characteristics of the office of Advocate General and the role associated to it. The second dimension is the general contribution of the Opinions to the development of the case law. Finally, the chapter looks at the contribution of the Advocates General in the specific context of cases involving conflicting rights and interests and particularly in cases where fundamental human rights collide with essential Treaty objectives and freedoms—like the free movement of goods or persons—an area where trust in the work of the Court is crucial to ensure the legitimacy of the Union.

The evolution of the concept of joint or collective dominance has contributed an important chapter to EC Competition law and has been the focus of intense attention in the academic literature. This thorny notion has proved relevant both in the context of the application of Article 82 EC and of the EC Merger Regulation even if a textual reference to it was clear in the first case but non-existent in the second.

Intro -- Preface -- Contents -- List of Contributors -- 1. Introduction: Why Revisit Cassis de Dijon? -- I. Introduction -- II. What the Institutions did Next -- III. The Best Days of Cassis de Dijon? -- IV. Interdisciplinary Research and the Origins, Transfer and Circulation of Legal Ideas -- V. Mutual Recognition after Brexit and beyond the EU -- VI. Conclusions -- PART I: THE MAKING OF A LANDMARK DECISION -- 2. From Dassonville to Cassis: The Revolution That Did Not Take Place -- I. Introduction -- II. Case Category 1: 'Border Measures' and the Dassonville Formula -- III. Case Category 2: Internal Measures and the Discrimination Test -- IV. Case Category 3: Industrial Property Laws and Article 36 -- V. Case Category 4: Agricultural Legislation and Dassonville Pre-emption -- VI. Conclusion: Towards a Re-reading of Cassis -- 3. The Missing Ingredient in Cassis de Dijon: An Exercise in Legal Archaeology -- I. Introduction -- II. The Judgment and What it Established -- III. The Parties, the Interveners and the Advocate General -- IV. Sources of Inspiration for the Idea of Mutual Recognition in Free Movement of Goods -- V. The Subsequent Elevation of the Principle of Mutual Recognition -- VI. Conclusions -- 4. The Cassis de Dijon Judgment and the European Commission -- I. Introduction -- II. The German Origins of Cassis de Dijon: Rewe v the German Government -- III. The Commission in the Lead Up to the Cassis de Dijon Decision -- IV. The Making of the Commission Communication of 1980 -- V. Conclusions and Outlook -- PART II: THE IMPACT OF A LANDMARK DECISION -- 5. 'Ceci n'est pas … Cassis de Dijon': Some Reflections on its Triple Regulatory Impact -- I. Introduction -- II. Impact on the EU Regulatory Practice -- III. Impact on Delimitation: EU-Member States' Regulatory Competence -- IV. Impact on Member States National Regulatory Discretion.

The New EU Judiciary' is the first book that offers a timely and thorough assessment of recent and ongoing changes to the operation of the European Union (EU) Judiciary, and it reflects on the future shape of the EU judicial system. The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most significant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader reflection on the changing role of the European Courts and the way they cope with old and new challenges. To this end, this book brings together junior and seasoned academics and practitioners to take stock of the various aspects of the reforms of the EU Judiciary and its overall functioning, from ?comparative?, ?insider?, and ?outsider? perspectives