The Evolving Governance of EU Competition Law in a Time of Disruptions: A Constitutional Perspective

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Dr Carlo Maria Colombo (Maastricht University, the Netherlands) Dr Kathryn Wright (University of York, UK)

The Evolving Governance of EU Competition Law in a Time of Disruptions

A Constitutional Perspective

Dr Carlo Maria Colombo (Maastricht University, the Netherlands), Dr Kathryn Wright (University of York, UK), Mariolina Eliantonio (Maastricht University, the Netherlands)

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English

Hart Publishing
08 February 2024

Competition law & Antitrust law; Constitutional & administrative law

Series: Modern Studies in European Law

This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times.

Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law.

This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.

Edited by: Dr Carlo Maria Colombo (Maastricht University the Netherlands), Dr Kathryn Wright (University of York, UK), Mariolina Eliantonio (Maastricht University, the Netherlands)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509951796
ISBN 10: 1509951792
Series: Modern Studies in European Law
Pages: 368
Publication Date: 08 February 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Table of Abbreviations Table of Case Law Table of Commission Decisions and Decisions of National Competition Authorities Table of Legislation Foreword Suzanne Kingston Introduction Carlo Maria Colombo, Kathryn Wright and Mariolina Eliantonio PART I: POWERS AND AIMS OF EU COMPETITION LAW 1. EU Competition Law and Democracy in the Shadow of Rule of Law Backsliding Kati Cseres 2. Digital Technology Disruptions and Competition Law Enforcement: A Stress Test for the Existing Governance and Enforcement Frameworks? Pieter Van Cleynenbreugel 3. The Clash of Titans: EU Competition and State Aid Law and the Impact of the EU Green Deal Alicja Sikora-Kaleda 4. From Crisis Cartels to COVID-19 State Aid and Cooperation: The Non-Exceptionality of Crisis Management by EU Competition Law Francisco Costa Cabral PART II: ACTORS AND DYNAMICS IN EU COMPETITION LAW 5. Levelling the Playing Field: EU Regulatory Extension Through Technocratic Cooperation Kathryn Wright 6. Shaping the EU’s Competition Law and Policy: Space for Multiple Actors? Giorgio Monti 7. The Role of Companies in the Strategic Turn of EU Competition Law Fernando Pastor-Merchante 8. The Response of EU Courts to Society’s Digital and Green Challenges in the Field of Competition and State Aid Phedon Nicolaides PART III: INSTRUMENTS AND PROCEDURES IN A MULTILEVEL COMPETITION LAW LANDSCAPE 9. Repurposing Administrative Procedures to Meet Novel Challenges in EU Competition Law Filipe Brito Bastos 10. Soft Law in EU Competition and State aid: an Imperfect Solution to Grand Regulatory Challenges Oana Stefan 11. Unpacking Multilevel Elements in Digital Markets: Informing Effective Enforcement and Remedial Design in EU Competition Law Maria Ioannidou 12. Governing the Green Transition Through State Aid Control Carlo Maria Colombo and Matteo Bonelli 13. Creative Compliance and the Politicisation of EU State Aid Implementation in Times of Crisis Nicole Lindstrom Conclusions Carlo Maria Colombo, Kathryn Wright and Mariolina Eliantonio

Carlo Maria Colombo is Marie Sklodowska-Curie Fellow at Sciences Po, France, and Assistant Professor of Administrative Law at Maastricht University, the Netherlands. Kathryn Wright is Senior Lecturer in Law at the University of York, UK. Mariolina Eliantonio is Professor of European and Comparative Administrative Law and Procedure at Maastricht University, the Netherlands.