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European Commission Competition Law - Literature review Example

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The purpose of this literature review is to explore the legal marketing competition policy developed within the European Union. Specifically, the document "European Commission Competition Law" deals with the legal standard for merger control deals and its competitive effects…
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European Commission Competition Law
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Download file to see previous pages The Commission’s 2004 guidelines about horizontal mergers imply strong harmonization in horizontal combinations.  Nevertheless, the courts’ response to merger control actions revealed weaknesses in its decision process, which the Commission has corrected by increasing its capacity for economic analysis and strengthening its internal quality controls. Treaty provisions that prohibit Member State measures contrary to Treaty rules about public undertakings and undertakings with special or exclusive rights have been the foundation for the long-term liberalization program to reform traditional infrastructure monopolies. The five principal institutions of the Community are the Council, the Commission, the European Parliament, the Court of Auditors and the Court of Justice.
The Commission’s decisions can be reviewed by the Community’s judiciary, which is usually the Court of First Instance or CFI and this allows the Commission to devise new strategies in relation to particular aspects of competition policy or state aids. Further, the Commission clarifies the precise meaning of Treaty Articles for the national courts. The EU competition law was framed in response to Europe’s mid-century economic conditions and its development profited from the symbiosis between the protection of competition and the promotion of open trade. The decisions of the European Court of Justice (ECJ), established the legal framework supporting an ambitious Community competition policy. The European Commission’s Competition Directorate is unique in the European Community system because in the area of competition policy it can exercise direct enforcement power independently of the national governments. The Community institutions developed, substantive principles have become a common legal framework, shared by the national laws of the Member States. ...Download file to see next pagesRead More
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