Download - Presentation - Nemec
-
8/3/2019 Presentation - Nemec
1/14
Jay Nemec
Can the EU Competition policy prevent unfairtrading of transnational enterprises and how?The Institutional Framework for EU Integration
-
8/3/2019 Presentation - Nemec
2/14
Table of Contents
Introduction
Areas of the Competition Policy
Integration Theory
Competition Policy in Practice
Conclusion
-
8/3/2019 Presentation - Nemec
3/14
Introduction
Competition helping to develop the market
Encouragement of firms
Consumers expect the best quality
Competition helps to achieve these expectations
However the EU integration process does not make the competitioneasier
-
8/3/2019 Presentation - Nemec
4/14
Areas of the Competition Policy
The Commission is empowered by the Treaty on the Functioning ofthe EU to cover the Competition Area.
The Competition Law - Antitrust is regulated by Article 101 of theTreaty. Hence, the first Area discussed is Antitrust.
-
8/3/2019 Presentation - Nemec
5/14
Article 101 of TFEU
1. The following shall be prohibited as incompatible with the internal market: all agreementsbetween undertakings, decisions by associations of undertakings and concerted practiceswhich may affect trade between Member States and which have as their object or effect the
prevention, restriction or distortion of competition within the internal market [...]
2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void.
3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
any agreement or category of agreements between undertakings,
- any decision or category of decisions by associations of undertakings,
- any concerted practice or category of concerted practices,
which contributes to improving the production or distribution of goods or to promoting technicalor economic progress, while allowing consumers a fair share of the resulting benefit [...]
-
8/3/2019 Presentation - Nemec
6/14
Article 102 of TFEU
Any abuse by one or more undertakings of a dominant position withinthe internal market or in a substantial part of it shall be prohibited asincompatible with the internal market in so far as it may affect trade
between Member States.
-
8/3/2019 Presentation - Nemec
7/14
Mergers
They can be referred as fusion
How does the EU examines which mergers are authorised and whichnot?
If the annual turnover of the combined businesses exceeds specifiedthresholds in terms of global and European sales, the proposedmerger must be notified to the European Commission, which mustexamine it.
-
8/3/2019 Presentation - Nemec
8/14
Cartels
Specific type of an antitrust enforcement.
Cartels function as groups of companies
Commission depends on cooperation with other firms which hand outevidences of Cartels.
-
8/3/2019 Presentation - Nemec
9/14
Areas of the Competition Policy
Liberalisation of services
State Aid control
Policy areas cover different sectors of the market, from energy toagriculture or sports
-
8/3/2019 Presentation - Nemec
10/14
Integration Theory
The EU as a controlling body
Supranational governance
Neofunctionalism
-
8/3/2019 Presentation - Nemec
11/14
Competition Policy in Practice
Web browser choice for European consumers
Microsoft Internet Explorer tied to the OS (Windows)
The antitrust proceeding against Microsoft started in December 2007in the case COMP/C-3/39530 (Microsoft (Tying)) within the meaningof Article 11(6) of Regulation No 1/2003 and Article 2(1) of Regulation
No 773/2004.
Windows could not be legally obtained without Internet Explorer
Commitment proposed by Microsoft
-
8/3/2019 Presentation - Nemec
12/14
Web browser choice for
European consumers
Results:
2006: Internet Explorer 80-86% of share
2011: Internet Explorer 34% of share
-
8/3/2019 Presentation - Nemec
13/14
Sales of E-books
Proceeding opened not even a month ago against Apple
Cartel behaviour
Investigation of sale of e-books
Amazon vs (Apple + Publishers)
-
8/3/2019 Presentation - Nemec
14/14
Conclusion
The Competition Policy is successful in controlling the Europeanmarket
Shows how a healthy competition is important for the market
Neofunctionalism works best in the case of the Competition Policy
The EC competition policy regime represents one of the best successstories of the regional integration process. However, is it an exceptionor a prototype for other supranational policies?