Dissertations / Theses on the topic 'Competition – European Union countries'
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KARAGIANNIS, Yannis. "Preference heterogeneity and equilibrium institutions: The case of European competition policy." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.
Full textExamining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
Zhong, Xiao Fei. "China and the EU : competition and cooperation in the Caspian region." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2555549.
Full textELBASANI, Arolda. "The impact of EU conditionality upon democratisation : comparing electoral competition and civil service reforms in post-communist Albania." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/10435.
Full textExamining Board: Prof. Philippe Schmitter (EUI); Prof. Làszlò Bruszt (EUI); Dr. Antoaneta Dimitrova (Leiden University); Prof. Shinasi Rama (New York University)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This dissertation explores how and to what extent EU conditionality can foster democratisation in a highly problematic case such as post-communist Albania. In order to examining the phenomena of democratisation in operational detail, the thesis delves into the sub-systemic level of democratisation focusing on two partial regimes - electoral regime and civil service system. The analysis follows on the rational choice premise that the domestic actors’ strategies of compliance depend on the structure of external incentives i.e. rewards and threats, that appeal to their interest. Our account on the impact of EU conditionality upon democratisation assumes that the likelihood of compliance depends on 1) the size of the rewards attached to conditionality; 2) the size of adoption costs; 3) the clarity of prescriptions and 4) credibility of reinforcement. The first part consists of developing a conceptual framework for assessing and explaining the impact of EU enlargement conditionality over democratisation processes. The second part explores the case of Albanian democratisation and the specific challenge it poses to the working of EU conditionality. The third part analyses the association between EU conditionality and reform seeking to identify whether the fortification of the EU conditionality coincides with a pattern-breaking change in each of the partial regimes of our choice. The thesis concludes that the EU was more successful to foster reforms in the area of electoral competition than public administration and civil service system. The EU seemed to push forward reforms by articulating clear prescriptions regarding the electoral competition; and advancing contractual relations with the country in function of electoral performance.
Nicodème, Gaëtan. "Essays on the empirics of capital and corporate tax competition." Doctoral thesis, Universite Libre de Bruxelles, 2007. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210709.
Full textLe premier chapitre ‘Corporate Tax Competition and Coordination in the European Union: What do we know? Where do we stand? (Publié dans International Taxation Handbook) revisite la problématique de la concurrence fiscale dans l’Union Européenne, discute la littérature économique théorique et empirique sur la question et analyse les réponses politiques qui y sont apportées. Après avoir remis la problématique dans son contexte institutionnel, l’auteur compare les résultats provenant de la littérature avec les caractéristiques propres à l’Union Européenne, notamment en termes de l’étendue et des conséquences de la concurrence fiscale. Il passe ensuite en revue les questions théoriques et de mise en œuvre pratique que soulèvent une possible harmonisation et consolidation des bases fiscales de l’impôt des sociétés en Europe. Tout en gardant à l’esprit la diversité des solutions qui existent dans la mise en œuvre, il montre que l’harmonisation des bases fiscales est à même de générer des gains économiques. Le deuxième chapitre ‘Comparing Effective Corporate Tax Rates’ (à paraître dans Frontiers in Finance and Economics) passe en revue les méthodes de calcul de taux effectifs de l’impôt des sociétés. Le mérite de la contribution est non seulement d’offrir une typologie des ces taux mais également de montrer que leurs résultats sont très différents selon la méthode utilisée, que ce soit en niveau ou en classement des pays. L’auteur calcule également ces taux pour un échantillon de pays Européens avec une désagrégation sectorielle. Le troisième chapitre ‘Do Large Companies have Lower Effective Corporate Tax rates ?A European Survey’ utilise ces méthodes pour étudier s’il existe un lien entre les taux effectifs et la taille des entreprises. Utilisant de multiples méthodes d’estimation, l’auteur trouve un lien robuste et négatif entre le nombre d’employés et le taux effectif d’imposition des entreprises. Le quatrième chapitre ‘Foreign Ownership and Corporate Income Taxation :an Empirical Evaluation’ (co-auteur H. Huizinga et publié dans European Economic Review) constitue la première évaluation empirique pour l’Europe des théories d’exportation fiscale. Lorsque la mobilité du capital est imparfaite et que celui-ci est détenu par des actionnaires étrangers, les Etats ont un incitant à hausser la fiscalité pour exporter la charge fiscale sur ces actionnaires. L’étude empirique trouve une relation positive robuste entre le degré d’actionnariat étranger et la charge fiscale moyenne, validant ces théories. Le cinquième et dernier chapitre ‘Are International Deposits Tax Driven ?(Co-auteur H. Huizinga et publié dans Journal of Public Economics) analyse l’impact de l’imposition de l’épargne et de la fortune ainsi que de l’échange d’informations fiscales sur les dépôts bancaires internationaux. Utilisant des données bilatérales confidentielles de la BRI, l’étude montre que ces variables fiscales ont un impact sur ces dépôts, suggérant qu’ils sont en partie effectués pour éluder l’impôt.
Doctorat en Sciences économiques et de gestion
info:eu-repo/semantics/nonPublished
SCHWADERER, Melanie Ariane. "Resale price maintenance in consumer good markets : an economic justification for the prohibition of RPM." Doctoral thesis, European University Institute, 2019. https://hdl.handle.net/1814/62545.
Full textExamining Board: Prof. Dr. Heike Schweitzer, LL.M. (Yale), Humboldt-Universität zu Berlin; Prof. Giorgio Monti, European University Institute; Prof. Dr. Rupprecht Podszun, Heinrich-Heine-Universität Düsseldorf; Prof. Lorenzo Federico Pace, Università degli studi del Molise
The thesis contributes to the debate on the EU’s approach to the business practice of resale price maintenance (RPM), which is widely criticized as too strict and in conflict with what is considered to be the consensus in the economic literature. The thesis critically dissects the economic consensus, on which the critique against the EU’s approach is based, by analyzing the empirical evidence that is cited to support the claim that RPM can frequently be explained by the service-based RPM models and shows that there is no convincing evidence that would support the significance of these positive RPM models that predict positive effects on welfare. To support this finding the thesis collects new evidence by surveying the marketing literature and shows that not only is there no convincing evidence that the positive RPM models frequently apply, but to the contrary there is evidence that these models are inconsistent with the real world phenomenon of RPM. Having refuted the service-based models the thesis takes up the scientific challenge that “it takes a theory to beat a theory” and proposes to fill the gap with three price-based models. The thesis offers an analysis of the three price-based RPM models, first from the perspective of welfare effects and then from a broader economic perspective in an attempt to ultimately show that the EU approach to RPM can be justified based on these economic models. All three models explain the situation in which RPM is used by a branded good manufacturer to create the perception of high quality, which is used either as a credible quality signal, becomes a component of the product or is used to bias the consumer decision; they thus enter the difficult terrain of consumer preference formation and of markets for the intangible components of a product.
Papandropoulos, Sylvie-Pénélope. "Issues in european competition policy: lobbying, reputation and R&D co-operation." Doctoral thesis, Universite Libre de Bruxelles, 1998. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211988.
Full textMARCO, COLINO Sandra. "Towards a sound economic analysis in EC competition law? : the new regulatory framework for motor vehicle distribution agreements in the EU." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7020.
Full textExamining Board: Prof. Christian Joerges, (EUI) ; Prof. Heike Schweitzer, (EUI) ; Prof. Barry Rodger, (University of Strathclyde) ; Prof. Luis Ortiz Blanco (Universidad Rey Juan Carlos)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available
Barker, Roger M. "Competition, parties and the determinants of change in European corporate governance : a macro-comparative analysis /." Thesis, University of Oxford, 2008. http://ora.ouls.ox.ac.uk/objects/uuid:31d9f1df-60e4-413d-80b2-e35e8790bac9.
Full textDelechat, Aude Simonne Emilie. "Une concurrence fiscale loyale (un compte de fée?) /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83950.
Full textPapaconstantinou, Helen. "Are member states bound by the principle of undistorted competition and to what extent?" Doctoral thesis, Universite Libre de Bruxelles, 1986. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213519.
Full textHenriksson, Daniel, and Anna Ottosson. "Does competition in the EU banking market lead to lower interest margins? : A panel data analysis on how market competition affects banks interest margin across EU countries." Thesis, Södertörns högskola, Nationalekonomi, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-45817.
Full textI denna studie analyserar vi konkurrensen på bankmarknaden och bankernas räntemarginaler i Europeiska unionens medlemsländers banksektor under perioden 2007–2019, genom paneldataanalys och aggregerad data för varje lands banksektor. Vår utgångspunkt är teorin om marknadsstruktur och vi använder två strukturella mått för att mäta konkurrens på marknaden. Metoden är baserad på den modell som Ho and Saunders (1981) utformade, där banken ses som en riskavert förmedlare mellan låntagare och långivare. Modellen har sedan utökats till att lämpa sig för analyser på en nationellt aggregerad nivå, vilket är passande för denna studie. Resultatet visar att konkurrens på bankmarknaden inte på ett statistiskt signifikant sätt förklarar variabilitet i räntemarginalen. Istället visar resultatet att de statistiskt signifikanta faktorerna för räntemarginalen är mer bankspecifika variabler, såsom genomsnittlig operationell kostnad och kreditrisk. Trots att denna studie inte kan påvisa ekonomisk signifikans, ger den information om att ekonomiska policys bör utformas för att sänka den genomsnittliga operationella kostnaden snarare än att öka marknadskonkurrens, för att minska räntemarginalen.
Mansour, Mohammed Amine. "L'influence du droit de la concurrence français et européen sur la réglementation antitrust des pays arabes : l'exemple du Maroc." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD043/document.
Full textThis research focuses on the influence of EU competition law on developing countries by taking Morocco and other Arabic countries as a case study.On the world stage, the field of competition law is currently dominated by two main regimes: one is American, the other is European. In this context, developing countries intending to acquire a sound competition regime naturally turn to one of the dominant models. Morocco as a developing country, do not derogate from this rule and rely on the European experience so that it seems relevant to wonder whether this phenomenon could somehow be questioned.This dissertation has two folds. By taking Morocco as case study, the Thesis investigates first not only how does this influence manifest itself but also the factors allowing it to take roots. Second, it critically assesses whether such influence is in line with the needs of developing countries such as Morocco
Koether, Philipp. "On the basis of F.A.v. Hayek's idea of a free market monetary system and his publication: "Denationalisation ofmoney : an analysis of the theory and practice of concurrentcurrencies" (1976) about currency competition on financial markets inthe times of electronic commerce and the introduction of "e-money"." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2001. http://hub.hku.hk/bib/B31972810.
Full textSullivan, Kyle A. "The Russian-European Union competition in Ukraine." Thesis, Monterey, California: Naval Postgraduate School, 2015. http://hdl.handle.net/10945/45949.
Full textThe Ukraine crisis underway since November 2013 is a significant occurrence in a greater debate over what norms will prevail in the European—and global—security environment. The roots of the crisis lie in two-and-a-half decades of competition for influence in Ukraine by the European Union and the Russian Federation. The competition between Russia and the EU over Ukraine has evolved significantly since Ukraine became independent in 1991. This thesis shows that the European Union’s level of awareness of and competition with Russia for influence in Ukraine has significantly grown. Ukraine’s position in EU diplomacy has grown from secondary status to being regarded as a critical interest across EU institutions and member state governments. While Russian efforts to establish dominant influence in Ukraine have also intensified, Moscow’s interest in Ukraine has been consistently high. The findings of this thesis indicate that the European Union has not given up on Ukraine nor accepted the legitimacy of a Russian sphere of influence in post-Soviet states. Competition between Russia and the European Union over Ukraine is likely to intensify and remain at a high level for the foreseeable future.
Rasco, Clark Joseph. "Demographic trends in the European Union : political and strategic implicaitons /." Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Jun%5FRasco.pdf.
Full textSTEHMANN, Oliver. "Network competition for European telecommunications." Doctoral thesis, 1993. http://hdl.handle.net/1814/5072.
Full textDefence date: 7 June 1993
First made available online: 31 May 2016
The telecommunications industry is in the throes of rapid technological and regulatory change. Markets for terminals and services have been liberalized, and only the provision of networks has remained under the control of national operators. This book analyses from an economist's point of view the benefits which may be expected from the introduction of network competition in Europe, and describes how competition can be reconciled with social objectives. The author first looks at the latest technological developments and discusses the impact of new transmission systems such as mobile phones and satellites, and the convergence of broadcasting and telecommunications. He goes on to weigh up the arguments for and against network competition, looking in particular at the natural monopoly view and at universal service. The third part of the book compares policy in Europe and the USA, with a detailed analysis of the European Commission's approach, and an up-to-date view of the regulatory frameworks in five European member states. Finally, the author sets out a strategy for network competition in Europe which takes into account both the latest developments and the characteristics of the European environment.
TONNBY, Jennie. "Sub-community competition law : the role of national competition rules following modernisation." Doctoral thesis, 2004. http://hdl.handle.net/1814/5678.
Full textKOUNEVA, Magdalena. "Joint ventures in European Community competition law." Doctoral thesis, 2000. http://hdl.handle.net/1814/5591.
Full textSCHMIDT-KESSEN, Maria José. "IP competition conflicts in EU law through five judicial lenses." Doctoral thesis, 2018. http://hdl.handle.net/1814/55264.
Full textExamining Board: Prof. Giorgio Monti, EUI (EUI Supervisor) ; Prof. Urska Šadl, EUI ; Prof. Inge Govaere, College of Europe, Bruges ; Prof. Alison Jones, King's College, London
This PhD thesis deals with IP-competition conflicts and how the EU Courts have addressed them over time. It seeks to answer the question of how the reasoning of EU Courts in these cases has been affected by three crucial evolutionary moments in EU law: (1) the Europeanization of IP law (2) the modernization of EU competition law and (3) the elevation of the Charter of Fundamental Rights of the European Union to a primary source of EU law. The first two chapters provide the theoretical framework of the thesis. The first chapter provides a detailed overview of the three crucial evolutionary moments in EU law mentioned above. The second chapter provides an overview of theories about the legal reasoning of EU Courts and about the different approaches that the courts have adopted when deciding IP-competition conflicts. Five such approaches, or judicial lenses, are identified: an economics, a conflict of laws, a conflict of competences, a constitutional and a private law approach. It is shown that these five different approaches can be linked to the three evolutionary moments at the IP-competition interface in EU law. Chapters three to five trace the theoretical insights from the first two chapters in three case studies on specific business methods having given rise to IP-competition conflicts before EU Courts: (i) selective distribution systems, (ii) digital platforms and restrictions of access, and (iii) lock-in strategies on aftermarkets, in particular in the online environment. The case studies analyse how these comparable factual situations of IP-competition conflicts have been treated on the one hand under EU competition law and on the other under EU IP law. In each case study, the legal reasoning is identified and compared between EU competition and IP law. The main finding in the case studies is that EU Courts treat the spheres of EU competition law and IP law as wholly separate. This has led to quite diverging approaches in comparable cases of IP-competition conflicts depending on whether the cases are brought under EU competition law or IP law, jeopardizing the systemic coherence of EU law and disturbing the CJEU’s dialogue with national ii courts. This situation is not sustainable. In an economic environment where the EU’s economies are increasingly depending on e-commerce and digital assets often protected by IP, IP-competition conflicts are bound to increase. To ensure a legal environment that provides legal certainty and equal conditions for firms to thrive across EU Member States without hurting consumers, a more coherent and improved methodological guidance on how to address IP-competition conflicts is needed. The aim of this thesis is to provide a first step in this direction.
HEDELUND, FRANDSEN Mette. "A comparative legal analysis of the impact of the EEC competition law on domestic nordic competition law." Doctoral thesis, 1995. http://hdl.handle.net/1814/4655.
Full textHÄGGLÖF, Mikael. "Emissions trading and competition law : refusal to supply marketable pollution permits." Doctoral thesis, 1999. http://hdl.handle.net/1814/5544.
Full textVAN, DE SCHEUR Sebastian B. W. "Oligopoly behaviour as abuse of collective dominance in EU competition law." Doctoral thesis, 2013. http://hdl.handle.net/1814/28057.
Full textExamining Board: Professor Heike Schweitzer, University of Mannheim (EUI Supervisor); Professor Giorgio Monti, European University Institute; Professor Wouter Devroe, Catholic University of Leuven; Professor Hanns Ullrich, Max Planck Institute for Intellectual Property and Competition Law.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Abuse of collective dominance under Article 102 TFEU is a bit of a blind spot in European competition law. The concept has been relatively well developed for the purpose of merger control and serves to support the Commission in blocking a concentration that could facilitate tacit coordination of strategic behaviour between competitors in an already concentrated market. Case law and literature agree that tacit collusion in a tight oligopoly may also subject companies to theduties and prohibitions of Article 102 even in the absence of individual dominant market power, but little has been written about when such abuse might occur. The possible application of Article 102 to "oligopoly behaviour" remains an abstract theory with little practical applicability. That is dangerous, given the fact that the doctrine laid down in merger cases Airtours and Impala gives lots of discretion to a competition authority determined to remedy suboptimal markets by sanctioning oligopolists for abuse of collective dominance. This dissertation presents a novel approach to the application of the concept of abuse of collective dominance to behaviour by interdependent companies in a concentrated market. Rather than trying to catch tacit collusion or supracompetitive oligopoly prices, the focus of enforcing Article 102 in oligopoly should be on practices by which one or more incumbents exclude outsiders (newcomers, innovators and fringe competitors) to the benefit of the incumbent 'insiders' of the oligopolistic equilibrium. Doctrinally, this approach necessitates a breach with the objective concept of abuse as used in cases of single dominance, because it requires the demonstration of a causal link between market power and abuse. The resulting test for abuse of collective dominance in oligopolistic markets is a tough one to satisfy, but considering that oligopoly is still infinitely more dynamic than monopoly, that may just be the right outcome.
TALBOT, Conor. "Competition law in times of crisis : case studies of the European passenger airline sector and the Irish beef industry." Doctoral thesis, 2016. http://hdl.handle.net/1814/43648.
Full textExamining Board: Professor Giorgio Monti, EUI (Supervisor); Professor Hans-Wolfgang Micklitz, EUI; Dott. Alberto Heimler, Scuola Nazionale dell’Amministrazione; Dr Christopher Townley, King's College London
The objective of this thesis is to examine the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, the main conclusion of this thesis is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis in this thesis follows certain themes as they arose in the individual chapters, namely: (i) the role of the general economic context in the application of competition law, (ii) the existence of identifiable baselines applicable in crisis conditions, (iii) the ability and role of National Competition Authorities (NCAs) in applying competition law, and (iv) the ways in which the Commission’s overarching policy goals can influence the application of competition law. The decision to take an empirical approach to this research project stems from a conviction that an investigation into the real world situations faced by firms and consumers should underpin the evaluation of the applicable legal rules. Over the past number of years the European Commission has exerted more and more influence over the development of the regional and global airline industry, and Chapters 4 and 5 reflect the emergence of an apparent overarching aim on the part of the Commission to create a market with a handful of ultra-competitive airlines with international reach serviced by an array of smaller feeder airlines on a regional basis. The study of the Irish beef processing sector in Chapter 6 is interesting because of the high level of government involvement in providing the strategic thinking behind a crisis cartel scheme, and because the economic context appears to have exerted considerably more pressure on the government and the national court than on the competition authorities involved.
NEERGAARD, Ulla B. "European competition law and anti-competitive measures by the Member States : towards legal principles ensuring the coherence of two levels of governance." Doctoral thesis, 1997. http://hdl.handle.net/1814/4570.
Full textHOLMES, Alexa. "Culture and competition : the case of united international pictures." Doctoral thesis, 1998. http://hdl.handle.net/1814/5534.
Full textUPTON, Michael. "Practical aspects of the private enforcement of EC competition law." Doctoral thesis, 1996. http://hdl.handle.net/1814/5646.
Full textMONTERO-PASCUAL, Juan J. "Public intervention in liberalised markets : from regulation to competition in European Telecoms?" Doctoral thesis, 2001. http://hdl.handle.net/1814/4714.
Full textMARQUIS, Mel. "Introducing free markets and competition to the electricity sector in Europe." Doctoral thesis, 2000. http://hdl.handle.net/1814/5602.
Full textBRAUN, Egelyn. "Collective alternative dispute resolution (ADR) for the private enforcement of EU competition law." Doctoral thesis, 2016. http://hdl.handle.net/1814/44324.
Full textSupervisor: Giorgio Monti
The European enforcement landscape is undergoing significant changes that are leading to a departure from the actors, tools and processes traditionally associated with delivering justice. This thesis examines these themes while developing a solution to the private enforcement gap that continues to leave a large number of victims without a remedy, particularly if they have suffered low-value individual harm as a result of competition infringements. In order to ensure that the private enforcement of EU competition law leads to the effective enforcement of EU rights and to the full compensation of all victims, a collective redress device must be developed. In particular, this thesis will explore whether optimal private enforcement outcomes could be achieved through the integration of collective alternative dispute resolution (‘collective ADR’) into a regulatory enforcement architecture as a first choice redress avenue. To date, the use of collective ADR as a private enforcement mechanism has not been considered as a serious policy option on the European level. While this thesis focuses on the use of collective ADR in the context of competition enforcement, it also confronts issues that could be expanded to private enforcement in other fields. Ultimately, the enforcement toolbox should be diversified not only to ensure the successful fulfilment of the regulatory goals, but also to facilitate the transformations that are occurring in the enforcement landscape more broadly.
STAVROULAKI, Theodosia. "Integrating healthcare quality concerns into a competition law analysis : mission impossible?" Doctoral thesis, 2017. http://hdl.handle.net/1814/49704.
Full textExamining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-Wolfgang Micklitz, European University Institute; Dr. Okeoghene Odudu, University of Cambridge; Professor Daniel Sokol, Levin College of Law, University of Florida
Healthcare markets have started being created in Europe. Indeed, some European countries, such as the UK and the Netherlands, have started adopting the choice and competition model for healthcare delivery. Taking as a starting point that as health systems in Europe move towards market driven healthcare delivery, the application of competition law in these systems will increase, the goal of this doctoral thesis is (a) to identify some of the competition problems that may be raised in light of the reality that especially in hospital and medical markets the pursuit of competition and the pursuit of essential dimensions of healthcare quality may inevitably clash (b) to demonstrate that competition authorities would be unable to address some of these competition problems if they did not pose and address a fundamental question first: how should we define and assess quality in healthcare? How should we take healthcare quality into account in the context of a competition analysis? In delving into these questions, this doctoral thesis explores how the notion of healthcare quality is defined from antitrust, health policy and medicine perspectives and identifies three different models under which competition authorities may actually assess how a specific anticompetitive agreement or hospital merger may impact on healthcare quality. These are: (a) the US market approach under which competition authorities may define quality in healthcare strictly as choice, variety, competition and innovation (b) the European approach under which competition authorities may extend the notion of consumer welfare in healthcare so that it encompasses not only the notions of efficiency, choice and innovation, but also the wider objectives and values European health systems in fact pursue (c) the UK model under which competition authorities may cooperate with health authorities when they assess the impact of a specific transaction on healthcare quality. The thesis identifies the main merits and shortcomings of these models and emphasizes that what is crucial for the adoption of a holistic approach to healthcare quality is not only the model under which healthcare quality is actually integrated into a competition analysis but also competition authorities’ commitment to protect all dimensions of this notion.
Chapter IV ‘Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible’ of the PhD thesis draws upon an earlier version published as an article 'Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible' (2016) in the journal 'World competition'
BAQUERO, CRUZ Julio. "The economic constitutional law of the European Community: between competition and free movement." Doctoral thesis, 2001. http://hdl.handle.net/1814/4554.
Full textExamining board: Prof. Giuliano Amato, Presidente del Consiglio dei Ministri; European University Institute (supervisor) ; Prof. Gráinne de Búrca, European University Institute ; Prof. Koen Lenaerts, Judge, Court of First Instance of the European Communities; Katholieke Universiteit Leuven ; Prof. Jean-Victor Louis, European University Institute; Université libre de Bruxelles (supervisor) ; Dr. Peter Oliver, Legal Adviser, European Commission
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
LUBOW, Alexis. "Taming regulatory competition : interest groups v. joint decision trap : four EU policy cases on workers mobility." Doctoral thesis, 2017. http://hdl.handle.net/1814/46447.
Full textExamining Board: Professor Adrienne Héritier, EUI (Supervisor); Professor László Bruszt, EUI; Professor Pieter Bouwen, University of Leuven; Professor Susanne K. Schmidt, University of Bremen
Worker migration across EU member states’ borders constitutes an increasingly salient issue. Unlike the liberalization of trade in goods, it has spilled into other policy areas in many unexpected ways. It contributed to turning the so called Bolkestein Directive on services into a highly politicized policymaking episode. Subsequent decisions adopted by the Court of Justice of the European Union (CJEU) have only aggravated looming conflicts between high and low standard countries, new and old member states, competing social partners and political parties within the European Parliament. Policy issues that are resolutely foreign to EU competences, like the right to strike, have been affected as well. Simply put, recent policy developments about worker migration illustrate the increasingly contested nature of European integration. In that context, decision makers are trapped into a prisoner’s dilemma that is a real or perceived risk arising from regulatory competition. Hence, member states’ preference heterogeneity translates into an amplified risk of policymaking deadlock. Therefore, the question that this dissertation aims to answer is: under which conditions can EU institutions collectively negotiate positive policy solutions in the context of regulatory competition? Taken in isolation, a change in member state’s bargaining attitudes is unlikely and puzzling. Instead, I argue that when there is a high risk of deadlock in the Council the successful negotiation of policy instruments depends significantly on the relative homogeneity of preferences of competing social partners and their ability to defend pan‐European interests next to national immediate interests. The empirical analysis examines four cases of policy negotiations in relation to worker mobility within the EU. Negotiations over the 2006 Services Directive are sliced into two distinct strategic interactions. In addition, I examine the failed negotiations over the 2012 Monti II Proposal on the right to take collective action and the successful negotiations over the 2014 Directive on the enforcement of the 1996 Posted Worker Directive. The selection of cases aims to carry out a conceptual experiment in which the strategic setting is maintained relatively constant while variations in actors’ preferences and strategies may affect policy outputs.
PIERNAS, LÓPEZ Juan Jorge. "The concept of state aid under EU Law : from internal market to competition and beyond." Doctoral thesis, 2013. http://hdl.handle.net/1814/28047.
Full textExamining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-W. Micklitz, European University Institute; Professor Andrea Biondi, King's College London; Professor Piet Jan Slot, University of Leiden.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis is concerned with the legal concept of State aid under Article 107(1) TFEU. It was born out of the concern that EU institutions and practitioners alike refer to it as if this concept had been immune to the evolution experienced by the context in which it has been applied: the Internal Market. Against this seemingly static background, the thesis argues that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission, a fact that had been underexplored in the literature and the implications of this connection seldom studied. The thesis also contends, contrary to what has been affirmed before by other authors, that the evolution of this concept has been influenced by the broader advancement of the case-law of the Court of Justice in different periods of the integration process. Thirdly, the thesis submits that the study of the origins of subsidy control in Europe, of the legislative history of today's Article 107(1) TFEU, and of the policy and enforcement considerations that have affected the development of the concept of aid is not only enriching from an intellectual point of view but also useful to decide difficult cases. In this regard, the thesis provides criteria to interpret and discuss cases, e.g. Sloman Neptun, Philip Morris or Azores, beyond the analysis traditionally carried out in this field, too often limited to the compatibility of these cases with the effects-based formula traditionally followed to define aid. Indeed, the emergence of that formula, of the Market Economy Investor Principle test, the Adria-Wien test for selectivity, the ups-and-downs of the De Minimis rule in this field, or the exclusion of regulatory measures from the notion of State resources, cannot be understood only by looking at the economic or even the strictly legal reasoning behind the relevant judgments. Instead, historical, policy and enforcement considerations are useful interpretative tools to fully grasp these developments, a point that this thesis contributes to making.
BOEKHOLT, Floris. "Licensing in Europe and competition rules : regulation 240/96 on the transfer of technology." Doctoral thesis, 1996. http://hdl.handle.net/1814/5482.
Full textDOWNIE, Gordon H. "Fit to judge? : the European Commission as an adjudicator in the Community competition regime." Doctoral thesis, 1989. http://hdl.handle.net/1814/5505.
Full textJAUK, Wolfgang. "The application of EC competition rules to telecommunications - selected aspects : the case of interconnection." Doctoral thesis, 1998. http://hdl.handle.net/1814/5527.
Full textGRANMAR, Claes. "Trade mark paradoxes in European brand competition." Doctoral thesis, 2010. http://hdl.handle.net/1814/15418.
Full textExamining Board: Prof. Dr. Hanns Ullrich, EUI/Max Planch Munich; Prof. David Llewelyn, Kings College London; Prof. Antonina Bakardjieva Engelbrekt, Stockholms Universitet; Prof. Dr. Hans-W. Micklitz, EUI
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The development of a uniform European trade mark law regime has taken so many different paths over the past decades that the state of the law is now more or less incomprehensible to everyone. The regime is primarily shaped by judicial creativity, and the Court of Justice of the European Union (CJEU, earlier the European Court of Justice, ECJ), has not even hesitated to set aside the letter of supranational statutes of central importance. The CJEU has explained this shift in power to make law, from the legislature to the court, simply by the need to interpret the legislation not solely on the basis of its wording, but also in light of the overall scheme and objectives of the system of which it is part. Besides the question of a democratic deficit, permeating the overall European unification process, the inconsistent application of trade mark statutes is disquieting. On one day, rights can be invoked to prevent registration of a trade mark only if use of that mark is likely to cause a change in the economic behaviour of purchasers. On another day, free riding on the reputation represented by the trade mark is an actionable infringement of the rights per se, in spite of the need for correlation between the rights to prevent registration and to prevent use of signs or expression in the course of trade. The position of the CJEU, that the application of the legislation depends on the circumstances in each case, is highly agreed upon. But it brings the question to the fore of what the yardstick is for deciding one way or another based on the circumstances in the case? More to the point, what is the normative basis for the uniform trade mark law regime, justifying that even statutory law is set aside? This study investigates the rationale for trade mark based rights to limit the freedom of others to use whatever signs or expressions they like in the course of trade. The investigation starts from a positive analysis of the reasons for trade mark rights, but also aims at providing a basis for what ought to be the guiding star when shaping the uniform regime. Even if fairly consistent assumptions often transpire from the case law handed down by the CJEU, the rulings remain difficult to reconcile at best and are unconvincing at worst, as long as the Court refrains from rendering any implicit logics for the decisions explicit. The absence of a clear theoretical basis for the trade mark rights has very practical implications. Not only does the (maybe apparent) conflict with the rule of law result in high social costs in terms of legal uncertainty. It may also affect the will to transpose i.e. the rulings of the CJEU into the trade mark laws applicable in the States participating in the European unification process.
BRUTSCHKE, Carsten. "The assessment of vertical restraints under EC competition law : the inherent contradictions of a dogma." Doctoral thesis, 1996. http://hdl.handle.net/1814/5576.
Full textBANIA, Konstantina. "The role of media pluralism in the enforcement of EU competition law." Doctoral thesis, 2015. http://hdl.handle.net/1814/37779.
Full textExamining Board: Professor Giorgio Monti, Supervisor-European University Institute; Doctor Rachael Craufurd-Smith, University of Edinburg; Professor Michal Gal, University of Haifa; Professor Peggy Valcke, Katholieke Universiteit Leuven.
Received the The Institute of Competition Law 2016 Concurrences PhD Award.
EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.
KOENIG, Michael E. D. "The introduction of digital television in Europe : new problems and implications for competition and media concentration." Doctoral thesis, 1996. http://hdl.handle.net/1814/5518.
Full textGUSTAFSSON, Magnus. "The role of commercial arbitrators in enforcing European Competition Law : with special emphasis on Swedish law." Doctoral thesis, 2000. http://hdl.handle.net/1814/5547.
Full textSupervisors: Petros Mavroidis and Claus-Dieter Ehlermann
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
The topic chosen for this dissertation — the role of commercial arbitrators in enforcing European competition law — may, at least for someone not familiar with arbitration, seem slightly misplaced. After all, competition law is a subject and body of law of a public nature, enforced by governmental administrative agencies, as well as national courts. What has it got to do with arbitration? The simple answer is that arbitration is an extremely common mechanism through which commercial disputes are settled. Companies wish to avoid litigating ‘in the open’, as involvement in litigation in principle reflects negatively on a company and its reputation, even if it is successful in the courtroom. Therefore they are likely to choose arbitration, by stipulating to that effect in their contracts with business partners. Furthermore, it seems to be generally held that competition law is gaining increased importance for arbitrations, something which one may assume is due, 'inter alia', to companies becoming more aware of the advantages one may gain in litigation by relying on those rules.
PANTAZI, Anne S. "Control of strategic alliances pursuant to European competition law : a case study in the telecommunications sector." Doctoral thesis, 1999. http://hdl.handle.net/1814/5655.
Full textKARLSSON, Haukur Logi. "A quantitative quest for philosophical fairness in EU’s competition procedure." Doctoral thesis, 2017. http://hdl.handle.net/1814/48005.
Full textExamining Board: Professor Giorgio Monti, EUI (supervisor); Professor Dennis Patterson, EUI; Professor Davíð Þór Björgvinsson, University of Iceland; Professor Ioannis Lianos, UCL
The question of procedural fairness in EU’s competition procedure has been discussed widely in the academic literature based on the traditional positivistic legal method; so far without a success in producing a consensus on where the practical limitations of the concept of procedural fairness ought to lie. This thesis sets out to approach the problem more fundamentally by propping beyond the concept of procedural fairness in the legal positivistic sense, and venture into the territory of moral and political philosophy for establishing a practical understanding of the more general concept of fairness in human relations. Once the concept of fairness has been properly revealed in practical terms, the thesis attempts to quantitatively translate this concept of fairness into the laws to facilitate the composition of a fair legal rule. To achieve this, a novel methodological model is constructed based on microeconomic tools. This model, the model of fair rules, is then used to assess two dilemmas of procedural fairness in the context of EU’s competition procedure that have been solved by the CJEU based on the traditional juridical method. The results of the assessment suggest that methodological improvements can be made in the design of competition procedures with regards to facilitating procedural fairness. Such improvements would also have implications for the legal interpretive methodologies used by the EU courts.
GOYDER, Joanna. ""Business format" franchising and EEC competition law : a critical analysis of the European Court of Justice's and the Commission's treatment of franchising contracts and what it can tell us about the aims and purposes of EEC competition law." Doctoral thesis, 1988. http://hdl.handle.net/1814/5550.
Full textHOSAKA, Mieko. "International franchising : comparative regulation of the franchise agreement under competition and other law in Europe and Japan." Doctoral thesis, 2000. http://hdl.handle.net/1814/5533.
Full textTYNES, Dora Sif. "Unbundling of the local loop : a case for competition or telecommunications regulation?" Doctoral thesis, 2000. http://hdl.handle.net/1814/5647.
Full textBOUTERSE, Rosita B. "Competition and integration - what goals count? : EEC competition law and goals of industrial, monetary, and cultural policy." Doctoral thesis, 1992. http://hdl.handle.net/1814/4579.
Full textExamining board: Christian Joerges, European University Institute (supervisor) ; Richard H. Lauwaars, University of Amsterdam (co-supervisor) ; Michael Albers, Commission of the European Communities, Brussels ; Renaud Dehousse, European University Institute ; Walter van Gerven, European Court of Justice, Luxembourg
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
LENZ, Miriam. "The interplay between the environment and competition law in the EU : an analysis of environmental agreements and their assessment under Article 81 EC." Doctoral thesis, 2000. http://hdl.handle.net/1814/5459.
Full textARINO, Monica. "Regulation and competition in European broadcasting : a study of pluralism through access." Doctoral thesis, 2005. http://hdl.handle.net/1814/4544.
Full textPERRY, Suzanne B. "Universal service in the European Union : policy goal or market-based assumption?" Doctoral thesis, 1999. http://hdl.handle.net/1814/5652.
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