Class notes
Hoorcollege European Law Week 7
- Course
- Institution
- Book
Aantekeningen van het hoorcollege voor het vak European law, week 7
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Overview TFEU and TEU
-
Lecture notes European Union Law
-
Institutional and Substantive Law of the EU: Part 2
1 review
By: kikiheslenfeld • 6 year ago
Seller
Follow
KyraNieuwenhuijsen97
Reviews received
Content preview
Lecture Week 7Competton law: natonal courts and abuse of dominant positon (art. 102 TFEU)
National courts
Powers of the national courts
- Startng point:
o Artcle 101 and 102 TFEU havee direct efect
o Natonal courts are obliged to uniform applicaton of competton law
Administrative courts & EU
In European law there is a similar column to the natonal law. There is the possibility of
appeal and then higher appeal.
Civil courts
In priveate law, there is no equivealent in European law to the column of natonal law. If there
is a cartel or abuse of dominance, you havee to go to the natonal court, you cannot go to the
European courts. There was a gap in the law. The European Commission decided to make a
directvee on this topic. Civeil courts havee the power to award damages.
, - Civeil procedures in which competton law is raised
o There is the way of the shield.
Use competton law to defend yourself against the claim
This is always possible
o There is the way of the sword.
Use competton law to ‘atackk the other party
- Claims in natonal courts on the rise: many are setled
- New directvee on civeil claims: infuence on natonal procedures
Example: beer cartels in the Netherlands
Cafés to sure breweries. Cafés and restaurants claim damages resultng from beer cartel at
breweries. The breweries formed a cartel in the ‘90s resultng in a beerprice for the retailers
that was too high. The brewers havee earned about 400 million euro through the cartel.
The consumers want to sue the breweries, because they had losses because the prices were
too high. How are you going to provee your losses?
Example: ball-bearings cartel
- Ball-bearings manufacturers charged higher prices to car manufacturers
- This possibly has had infuence on retail price of cars
- You are a car-owner: can you claim damage?
o Regarding the price of a car, your damage is too small to be able to claim.
o Possibility of mass-claim. There are companies who gather multple claims
and, in this way, claim for multple people at the same tme, so the claim is big
enough for claiming.
Abuse of dominance
Prohibition on abuse of dominance
Background
- Competton is good & no competton is bad
o Big companies havee no real compettors
o Less incentvee for efcient producton
o Less incentvee for innoveaton
o Strong incentvee for high prices
o Leads to lower consumer welfare and a rigid market structure
- Companies can grow big through competton, by being the best -> this is good
- But big companies havee a special responsibility: no abuse of their dominant positon -
> abuse is bad
The prohibition
- Four elements
o It is prohibited for:
An undertaking or seveeral undertakings
Who hold(s) a dominant positon
To abuse this positon
Which afects interstate trade
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller KyraNieuwenhuijsen97. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.23. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now