European union law
,Inhoudsopgave
European union law ......................................................................................................................................... 1
Week 1 ............................................................................................................................................................. 3
Literature ............................................................................................................................................................ 3
E-lessons ............................................................................................................................................................. 7
Weblectures ....................................................................................................................................................... 21
Lecture, d.d. 31 mei 2024.................................................................................................................................. 30
Week 2. .......................................................................................................................................................... 38
Literature .......................................................................................................................................................... 38
E-lessons ........................................................................................................................................................... 43
Webcasts ........................................................................................................................................................... 57
Lecture, d.d. June 7th......................................................................................................................................... 68
Week 3. .......................................................................................................................................................... 76
Literature .......................................................................................................................................................... 76
E-lessons ........................................................................................................................................................... 80
Webcastst .......................................................................................................................................................... 89
Lecture, d.d. June 14th ....................................................................................................................................... 98
Week 4. ........................................................................................................................................................ 106
Literature ........................................................................................................................................................ 106
E-lessons ......................................................................................................................................................... 111
Lectures and webcasts .................................................................................................................................... 117
Lecture, d.d. June 21 ....................................................................................................................................... 128
,Week 1
Literature
439-454
- Art. 101 TFEU: rules on cooperation between undertakings (samenwerking tussen
ondernemingen)
- Art. 102 TFEU: the prohibition (verbod) of abuse by an undertaking in a dominant position
- Merger regulation: rules on takeovers and mergers (fusies) between undertakings
- Art. 106 TFEU: rules concerning public undertakings (state monopolies)
- The effet utile: rules on government intervention in the market
- Art. 107 TFEU: the prohibition (verbod) of state aid (staatssteun)
Two categories of competition rules:
1. undertakings or companies as they are more known = in de volksmond bekend
2. rules concerning member state intervention in the market
Position of competition law in the TFEU
Two perposes:
- To promote market intergration
- Ensure effective competition
Art. 101 TFEU: if member states are required to remove trade barriers, private parties should not be
able to create new ones by concluding market sharing agreements. The second one is about the fact
that in a competitive market, supply and demand are more evenly matched than in a market where one
undertaking has a dominant position of the members of a cartel engage in price fixing (prijsafspraken)
or the members of a cartel engage in price fixing. That is because a dominant position can be abused.
It is tempting to believe that the purpose of the competition rules is to maximise consumer welfare.
However that would be a oversimplification. Consumer welfare is a yardstick (maatstaf) for measuring
the effect or outcome of a more or less competitive market. In order to determine whether a market is
competitive, three groups of variables need to be examined:
- Market structure: for example how many undertakings are there? How easy or difficult is it
to enter the market?
- Conduct (gedrag): for example do all undertakings set their own prices and production levels?
- Performance: are prices too high?
Basic principles of competition law
The entitites (entiteiten) which are not classified as undertakings, are excluded from competition law.
This is most common in situations where the government is closely involved in the activities of the
market. The starting point of an undertaking is defined in Höfner and Elser:
It must be observed, in the context of competition law, first that the concept of an undertaking
encompasses every entity engaged in an economic activity, regardless of the legal status of the entity
and the way in which it is financial and, secondly, that employment procurement is an economic
activity.
AAMS – case: any entity that is active in a market and buys or sells products or services should be
regarded as undertaking. Two exceptions:
- Exception for non-commercial activities
For example: air navigation in Europe and preventive environmental inspections.
- The second exeption to the concept of undertaking is for solidarity-based activity’s
For example: insurance and funds
Three criteria:
- Does the body in question pursue a profit-making or social objective
- What is its level of solidarity
- What is the level of government supervision
, Another example is an municipality (gemeente) which includes economic activities, such as buying
land, for those activities the municipality should be classified as an undertaking. For those activities
de competition law must be taken into account.
The territorial scope (domein) of EU competition law
Two borders, an internal one and an external one. The internal one determines whether the competition
law is that of the Union or the member states, while the external border seperates the sphere of
application of EU competition law from the rest of the world.
Consten and Grunding
Agreement between a German producer and a French importer of its products that sought tot restrict
parallel trade, the Court of Justice held. Particularly important is if the agreement is capable of
constituting a threat, either direct of indirect, actual or potential, to freedom of trade. The wording of
the provision on the prohibition of cartels does not make a disctinction as to which agreements it
applies to. Agreements such as between Constan and Grunding may affect trade between member
states.
Art. 102 TFEU requires that the abuse takes place within the internal market of in a substantial part of
it, such as:
- Southern Germany
- The port of Genoa
- Frankfurt airport
Hereby it’s not the size that matters, its de economic significance.
The basic principles of competition as an economic phenomenon: market definition and market power
It’s always important to define the relevant market before anything meaningful can be said about the
level competition therein. In case of scooters, the market of bicycles is important in case when people
think scooters are too expensive.
Market definitions covers two dimensions: the product market and the geographical market. The
product market includes all products that compete with the product which a potential restriction or
distortion of competition applies. Hereby:
- Consumer perspective
- Producer perspective
SSNIP-test: This can be identified by thinking what would happen if u raise the price with 10%, would
consumer switch to other products?
The geographical market is about determining the area in which the conditions of competition
applying to the product in question are the same for all traders. The harder it is to transport a certain
product, for example, the smaller its geographical market will be.
The objective of EU competition law: workable competition
Price may be the most important and most obvious factor of competition, but its not the only one.
Quality, warranties, delivery periods and pre- and after sale services are all factors of competition. In
todays market privacy is another element.
There are four conditions for the application of the prohibition mentioned in art. 101 TFEU: vier
voorwaarden voor het toepassen van het verbod van art. 101 TFEU
1. The actors involved must be qualified as undertakings
2. Their conduct must be captured by one of the three forms mentioned in this paragraph
- Agreement
- Decisions by associations
- Concerted practices
3. Their conduct must be collusive in a sense that is anti-competitive by object or effect
,Inhoudsopgave
European union law ......................................................................................................................................... 1
Week 1 ............................................................................................................................................................. 3
Literature ............................................................................................................................................................ 3
E-lessons ............................................................................................................................................................. 7
Weblectures ....................................................................................................................................................... 21
Lecture, d.d. 31 mei 2024.................................................................................................................................. 30
Week 2. .......................................................................................................................................................... 38
Literature .......................................................................................................................................................... 38
E-lessons ........................................................................................................................................................... 43
Webcasts ........................................................................................................................................................... 57
Lecture, d.d. June 7th......................................................................................................................................... 68
Week 3. .......................................................................................................................................................... 76
Literature .......................................................................................................................................................... 76
E-lessons ........................................................................................................................................................... 80
Webcastst .......................................................................................................................................................... 89
Lecture, d.d. June 14th ....................................................................................................................................... 98
Week 4. ........................................................................................................................................................ 106
Literature ........................................................................................................................................................ 106
E-lessons ......................................................................................................................................................... 111
Lectures and webcasts .................................................................................................................................... 117
Lecture, d.d. June 21 ....................................................................................................................................... 128
,Week 1
Literature
439-454
- Art. 101 TFEU: rules on cooperation between undertakings (samenwerking tussen
ondernemingen)
- Art. 102 TFEU: the prohibition (verbod) of abuse by an undertaking in a dominant position
- Merger regulation: rules on takeovers and mergers (fusies) between undertakings
- Art. 106 TFEU: rules concerning public undertakings (state monopolies)
- The effet utile: rules on government intervention in the market
- Art. 107 TFEU: the prohibition (verbod) of state aid (staatssteun)
Two categories of competition rules:
1. undertakings or companies as they are more known = in de volksmond bekend
2. rules concerning member state intervention in the market
Position of competition law in the TFEU
Two perposes:
- To promote market intergration
- Ensure effective competition
Art. 101 TFEU: if member states are required to remove trade barriers, private parties should not be
able to create new ones by concluding market sharing agreements. The second one is about the fact
that in a competitive market, supply and demand are more evenly matched than in a market where one
undertaking has a dominant position of the members of a cartel engage in price fixing (prijsafspraken)
or the members of a cartel engage in price fixing. That is because a dominant position can be abused.
It is tempting to believe that the purpose of the competition rules is to maximise consumer welfare.
However that would be a oversimplification. Consumer welfare is a yardstick (maatstaf) for measuring
the effect or outcome of a more or less competitive market. In order to determine whether a market is
competitive, three groups of variables need to be examined:
- Market structure: for example how many undertakings are there? How easy or difficult is it
to enter the market?
- Conduct (gedrag): for example do all undertakings set their own prices and production levels?
- Performance: are prices too high?
Basic principles of competition law
The entitites (entiteiten) which are not classified as undertakings, are excluded from competition law.
This is most common in situations where the government is closely involved in the activities of the
market. The starting point of an undertaking is defined in Höfner and Elser:
It must be observed, in the context of competition law, first that the concept of an undertaking
encompasses every entity engaged in an economic activity, regardless of the legal status of the entity
and the way in which it is financial and, secondly, that employment procurement is an economic
activity.
AAMS – case: any entity that is active in a market and buys or sells products or services should be
regarded as undertaking. Two exceptions:
- Exception for non-commercial activities
For example: air navigation in Europe and preventive environmental inspections.
- The second exeption to the concept of undertaking is for solidarity-based activity’s
For example: insurance and funds
Three criteria:
- Does the body in question pursue a profit-making or social objective
- What is its level of solidarity
- What is the level of government supervision
, Another example is an municipality (gemeente) which includes economic activities, such as buying
land, for those activities the municipality should be classified as an undertaking. For those activities
de competition law must be taken into account.
The territorial scope (domein) of EU competition law
Two borders, an internal one and an external one. The internal one determines whether the competition
law is that of the Union or the member states, while the external border seperates the sphere of
application of EU competition law from the rest of the world.
Consten and Grunding
Agreement between a German producer and a French importer of its products that sought tot restrict
parallel trade, the Court of Justice held. Particularly important is if the agreement is capable of
constituting a threat, either direct of indirect, actual or potential, to freedom of trade. The wording of
the provision on the prohibition of cartels does not make a disctinction as to which agreements it
applies to. Agreements such as between Constan and Grunding may affect trade between member
states.
Art. 102 TFEU requires that the abuse takes place within the internal market of in a substantial part of
it, such as:
- Southern Germany
- The port of Genoa
- Frankfurt airport
Hereby it’s not the size that matters, its de economic significance.
The basic principles of competition as an economic phenomenon: market definition and market power
It’s always important to define the relevant market before anything meaningful can be said about the
level competition therein. In case of scooters, the market of bicycles is important in case when people
think scooters are too expensive.
Market definitions covers two dimensions: the product market and the geographical market. The
product market includes all products that compete with the product which a potential restriction or
distortion of competition applies. Hereby:
- Consumer perspective
- Producer perspective
SSNIP-test: This can be identified by thinking what would happen if u raise the price with 10%, would
consumer switch to other products?
The geographical market is about determining the area in which the conditions of competition
applying to the product in question are the same for all traders. The harder it is to transport a certain
product, for example, the smaller its geographical market will be.
The objective of EU competition law: workable competition
Price may be the most important and most obvious factor of competition, but its not the only one.
Quality, warranties, delivery periods and pre- and after sale services are all factors of competition. In
todays market privacy is another element.
There are four conditions for the application of the prohibition mentioned in art. 101 TFEU: vier
voorwaarden voor het toepassen van het verbod van art. 101 TFEU
1. The actors involved must be qualified as undertakings
2. Their conduct must be captured by one of the three forms mentioned in this paragraph
- Agreement
- Decisions by associations
- Concerted practices
3. Their conduct must be collusive in a sense that is anti-competitive by object or effect
