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Competition Law Challenges in the Next Decade

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Edited By Sofia Oliveira Pais

In the European Union, competition law has expanded and matured, assuming a key role in the promotion of consumer welfare, economic progress and public interest in general. Nevertheless, several issues remain open. Should the European Union remain faithful to antitrust public enforcement or fully consider the complementary role of private enforcement? Are the European solutions concerning exclusionary abuses coherent and predictable? What role should National Competition Authorities play in the context of State Aid? This book attempts to analyse and discuss some open, selective questions concerning three particular topics on competition law that are becoming highly relevant in the European and national praxis: antitrust private enforcement, exclusionary abuses and state aid. To address these issues, two seminars and international conferences, supported by the European Commission, took place at Católica Porto School of Law, Catholic University of Portugal, in March 2014 and March 2015. This publication includes the papers presented in those events, which gathered well-known and respected scholars and practitioners in the field of competition law, leading to a productive debate about EU competition law challenges in the next decade.
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Preface

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Competition Law has come a long way in the European Union since the Treaty of Rome came into force in 1958. It has expanded and matured becoming highly successful, benefiting from the match of old and new political-economic wisdom and from the decentralisation process of competition law, which spilled from the hands of the European Commission to national courts and EU Member States’ national competition authorities. The fundamental role of EU competition law – to promote consumer welfare, economic progress and the public interest in general – justifies the need to examine critically some of its challenges in the next decade.

The core issues of this book are, therefore, to analyse and discuss some open questions concerning three particular topics of competition law that are becoming highly relevant in the European and national praxis – antitrust private enforcement, exclusionary abuses and state aid.

The first part of the book gathers the contributions of António Ferreira Gomes, Sofia Oliveira Pais, Petri Kuoppamaki, Anna Piszcz, Henrique Sousa Antunes and Agostinho Guedes and focuses on the Damages Directive, asking the fundamental question: is the Directive able to meet the need for a coherent European approach to antitrust private enforcement? Taking into account the Finish, Polish and Portuguese experiences, this part of the book reflects upon the real achievements of the Directive.

The second part, with chapters by Paul Nihoul, Alison Jones, Rosa Greaves, Svetlana Nasibyan and Rita Leandro Vasconcelos, considers specific types of abuses and remedies, such...

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