BOOKS: GOVAERE Inge, LANNON Erwan, VAN ELSUWEGE Peter, ADAM Stanislas (dir.), Martinus Nijhoff publishers, Leiden-Boston 2014, 637 p.

The European Union in the World – Essays in Honour of Marc Maresceau, Inge GOVAERE, Erwan LANNON, Peter VAN ELSUWEGE, Stanislas ADAM (dir.)

Inge Govaere, Erwan Lannon, Peter Van Elsuwege, Stanislas Adam

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to for review in this section.

This collection of contributions is a tribute to Marc Maresceau, Professor of EU law and EU institutions at Ghent University. Marc Maresceau’s world-renowned work on the EU external relations, especially on EU enlargement and neighborhood studies, explains the topic of this liber amicorum. The book is divided into several parts: general principles of EU external actions, the institutional framework of EU external action, EU external action in practice, contemporary issues, the external dimension of EU competition policy, the EU’s bilateral relations with third countries, and the enlargement and proximity policies of the European Union. Four contributions concern competition law, as follows:

EU Competition Law in 3D, by Anne-Marie van den Bossche, p. 365:

This contribution deals with the internal and external dimensions of EU competition law. EU competition law has never been an aim in itself, but has from the outset been used for ensuring the Internal Market deployment, especially in the area of the free movement of goods. The Commission and the Council have preferred Regulations over Directives to establish a competition culture in Member States. The contribution analyses the cooperation established by the Regulation 1/2003, within the framework of the European Competition Network, and describes the principles contained in the 2004 Network Communication that aims at determining which level—European or national—is best placed to apply the Treaty competition rules in concrete cases. With regards to the external dimension of EU competition law, the coexistence of different competition provisions entails difficulties, and a need of substantive convergence. In order to harmonize competition rules, export of EU competition law may be made in bilateral or multilateral agreements with non-Member States, like the Agreement on the establishment of the European Economic Area. The most recent agreements provide a framework for cooperation between competition authorities.

Competition Policy: The Poor Relation in the European Union Free Trade Agreements, by Jacques H. J. Bourgeois, p. 381:

The contribution notices that Regional Trade Agreements include more and more competition provisions. Indeed, international trade gives more opportunities to engage in anti-competitive behavior. In order to preserve the benefits of market opening, all recent bilateral Free Trade Agreements concluded by the European Union include competition clauses. The present contribution aims at analyzing these competition provisions, in particular in terms of dispute settlement. The author demonstrates that competition clauses in the EU Free Trade Agreements are practically unenforceable. Consequently, the European Union has developed palliatives, like the effects doctrine, applicable in cases where a behavior has an impact on the territory of the EU.

Bilateral Treaties in the Field of Competition Law, by Piet Jan Slot, p. 399:

After a historical overview of the extraterritorial application of antitrust law, especially US antitrust rules, the contribution analyses some bilateral treaties between the EU and the USA, and between the EU or the USA and other States, with a distinction between “comprehensive bilateral treaties,” and “less comprehensive bilateral agreements.” Special forms of cooperation are also described, for example the European Competition network. Nowadays, the necessity to enforce competition law is well established, but the globalized economy needs for further cooperation to fight against international cartels, like the Vitamins cartels.

The European Economic Area and State Aid, by Tony Joris, p. 417:

This contribution introduces the EEA Agreement and its institutional framework. Due to that agreement, the EU State aid rules are also applicable in Norway, Iceland and Liechtenstein. This contribution describes the State aid policy of the EFTA Surveillance Authority, and some State aid judgments of the EFTA Court rendered in 2012. In the majority of cases, judgments are the result of actions for annulment of State aid decisions of the ESA, for example in the cases Liechtenstein and VTM, Asker Brygge or Hurtigruten and Norway. The control of State aid has become one of the most relevant tasks of the ESA. The contribution shows that the ESA and the EFTA Court refer to EU practice and case law, in order to preserve a homogeneous application of the common rules: there is a positive dialogue between the institutions of the EEA and the institutions of the European Union. It is necessary to notice that a debate on the future of the EEA is currently open.

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Julie Rondu, The European Union in the World – Essays in Honour of Marc Maresceau, Inge GOVAERE, Erwan LANNON, Peter VAN ELSUWEGE, Stanislas ADAM (dir.), May 2015, Concurrences Review N° 2-2015, Art. N° 72556, p. 234

Editor Martinus Nijhoff Publishers / Brill Academic

Date 1 November 2013

Number of pages 656

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