European Business Law & Practice Series: State Measures Distorting Free Competition in the EC

SKU:10057739-0001

Carl Michael Von Quitzow

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Product Line	Kluwer Law International
Product SKU	10057739-0001
ISBN-13	9789041114662
Availability	Ships in 3-5 Business Days
Last Updated	2001-08-01

Overview

This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, i.e. restrictions on free movement.

After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market.

They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU.

The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made? The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which as yet has only been examined by legal scholars to a minor extent.

The notion of competition
The perspectives of competition policy
Methodological issues
Different types of national measures distorting competition
The rules of Treaty in relation to state measures distorting cross border competition; brief introduction
The aims and principles of the Treaty in relation to competition
Distortions on competition and harmonization
Distortions on competition and harmonization in some specific (flanking policy) areas
Local regulations of economic life in the case law of the Court and the legal literature
Evaluation of the case law of the Court
A summary and chronological survey of the case law of the ECJ in relation to state measures distorting free competition
Articles 3 (g), 10 and 81 construction
Articles 96 and 97
The use of Articles 86 and 87
The need to clear away distortions on competition
Possible future developments concerning state measures distorting free competition
The possibility of a multi speed-Europe
Conclusions and proposed solution

European Business Law & Practice Series: State Measures Distorting Free Competition in the EC

Overview

Table Of Contents

US, CANADA, SOUTH AND CENTRAL AMERICA

EUROPE, UK, ASIA, AFRICA, AND REST OF WORLD

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