Pubic Monopolies, Concessions and Competition Law and Policies
|
|
- Leona Cooper
- 6 years ago
- Views:
Transcription
1 Intergovernmental Group of Experts on Competition Law and Policy Geneva, 7-9 July 2009 Pubic Monopolies, Concessions and Competition Law and Policies By European Communities The views expressed are those of the author and do not necessarily reflect the views of UNCTAD. 1
2 PUBLIC ENTERPRISES, INCLUDING MONOPOLIES AND ENTERPRISES WITH SPECIAL OR EXCLUSIVE RIGHTS, INCLUDING CONCESSIONS Why do governments grant certain companies statutory monopoly protection and what are services of general economic interests? Exclusive monopoly rights are awarded for various public policy reasons, such as ensuring security of supply or universal service, providing a basic service to the whole population of a country or avoiding the costs of duplicating an expensive distribution network. Such practices are common, notably for utilities (energy and water), postal services, telecommunications and to some extent in broadcasting and transport (air and maritime), banking and insurance. Services of general economic interest are economic activities of general interest for the operation of which the government takes responsibility, even if management of the service is delegated to a private operator. The concept applies mainly to aspects of 'network' activities. Why does EC competition law apply to these activities? Articles 81 and 82 of the EC Treaty, the EC antitrust rules, address the autonomous behaviour of companies and do not apply by themselves to state measures 1. However, it is not only enterprises that can cause competition distortion, but also states. States may distort competition by inducing or ordering enterprises to engage in anti-competitive behaviour, or by taking protective regulatory measures favouring these undertakings. This gap, if not properly addressed, would lead to a risk of circumvention of the obligations contained in EC antitrust rules. The EC fills this gap through the application of Article 86 of the EC Treaty which applies to public enterprises and enterprises to which Member States grant special or exclusive rights. What does Article 86 say? I) With respect to public enterprises and enterprises with special or exclusive rights Art 86 (1) "In the case of public undertakings and undertakings to which Member States grant special or exclusive rights, Member States shall neither enact nor maintain in force any measure contrary to the rules contained in this Treaty, in particular to those rules provided for in Article 12 and Articles 81 to 89." Definitions Public enterprises: all enterprises which are under the dominant influence of the public administration of a Member State (for example through majority of shares, capital, voting rights, golden shares). 1 A State measure is an act undertaken by a public entity in its role as a public authority. State measures are normally adopted through laws, acts, regulations, administrative rules or other instruments of public law. 2
3 Enterprises with exclusive rights: all undertakings (public or private) privileged by a right (granted by a Member State) to engage in economic activity on an exclusive basis (monopoly). Enterprises with special rights: two or more (public or private) undertakings authorised to provide goods or services in a manner other than according to objective, proportional and non-discriminatory criteria, or which are equipped with legal or regulatory advantages that substantially affect the ability of any other undertaking to provide the same goods or services. Measures covered Government measures at any level (local, regional, national) such as vesting an enterprise with special rights (e.g. a law establishing a monopolist airport operator); The government measure must always have a link with one or more undertakings exercising an economic activity. Measures have a link if they benefit the above undertakings or if these measures consist of granting or maintaining a privilege for them, or if the undertakings are used as an instrument/vehicle to implement the measures. General measures affecting all undertakings in the same manner are not covered. Meaning of the legal provision in practice Under Article 86(1), the Member State must commit to abstaining from adopting or maintaining measures which impose or induce certain behaviour upon an enterprise or encourage/induce it to act against the antitrust rules. Member States have to refrain from any legal or factual influence which leads to or reinforces actual anti-competitive behaviour by public or privileged enterprises or which create the specific danger that such conduct may occur. In other words, Article 86(1) prohibits state-organised restrictions of competition. The legal basis of action is a combination of Article 86(1) and Article 81 and/or Article 82 depending on the type of the alleged infringement. The target of the action is the Member State. Articles 81 and/or Article 82 are enforced against the company if the company had room for autonomous action, i.e., the violation was not induced by the State. Examples Article 81 - Restrictive agreements: state measures inducing one or more public or privileged enterprise to agree between themselves and/or with other undertakings to restrict competition. In the EC there is little case law on this. One case concerned Member States who promoted/authorised anti-competitive tariff agreements between two airline companies enjoying exclusive and special rights (see Judgment of the ECJ in Case 66/86 Ahmed Saeed). Article 82 - Abuse of dominance: state measures inducing one or more public or privileged enterprise to abuse a dominant position. We differentiate between measures 3
4 leading to 1) actual abuse of dominant position, 2) potential abuse, and 3) those producing effects similar to those of abuse such as the extension of a dominant position. a. Actual abuse: typically state approved tariffs or prices that discriminate against certain competitors, or are excessively high; or it can take the form of a refusal to deal or to grant access to essential facility (see Commission Decision 95/364/EC against Belgium on landing fees at Zaventem airport or Commission Decision 97/744/EC on the port of Genoa; or Commission decision against Denmark for refusal to grant access to facilities of the port of Rodby). b. Potential abuse: state measures that affect the structure of the market can lead an undertaking to abuse its dominance. One example is the creation of conflict of interest, such as granting of regulatory powers with which competitive disadvantages can be inflicted on competitors. Another example is a so-called "demand limitation" when the undertaking concerned is unable to satisfy existing demand for the satisfaction of which it has an exclusive right, (see Judgment of the ECJ in case C-475/99; Ambulanz/ Glöckner). c. Similar effects: An enterprise enjoying a monopoly in a market receives another exclusive right in a related market without objective justification (see Judgment of the ECJ in the Telemarketing case or the Commission decision against Germany in the German Post case). II. With respect to undertakings entrusted with the operation of services of general economic interest Art 86 (2) "Undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly shall be subject to the rules contained in this Treaty, in particular to the rules on competition, in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Community." What does this mean in practice? Article 86 (2) takes into consideration undertakings with a special mission (services of general economic interest or SGEI). Therefore, the competition rules only apply in so far as this does not obstruct the performance of the particular tasks assigned to these undertakings. Exclusive or special rights may often be necessary for the operation of certain of these services (e.g. to guarantee the financial viability of certain activities of universal services). Examples include the postal and electricity sectors. However, the exception to the application of competition law only applies if the restriction of competition is necessary to guarantee the performance of 4
5 the particular tasks assigned to these enterprises and there is no less restrictive means to achieve the same objective, (principle of proportionality). The objective of Article 86(2) is to ensure a good functioning of services of general economic interest in a way that is least restrictive for the Internal Market and for competition. There is a balance between these two objectives. Practical application of this provision is rare and could include for example an exclusive right to import to electricity to in order to meet a universal service obligation in the utilities industry. Anti-discrimination rules regarding state monopolies of a commercial character The EC Treaty contains other rules regarding the treatment of state monopolies. Article 31 EC provides that Member States should adjust any state monopolies of a commercial character to ensure that no discrimination exists against nationals of other Member States regarding the conditions under which these monopolies buy and sell goods. What is intended by this rule? What are monopolies of a commercial character? They are public undertakings on which exclusive rights for the production, commercialisation, importing and/or exporting of goods have been conferred. The concept embraces all situations in which a Member State can influence the imports or exports through an undertaking. The term "adjust" does not mean that these monopolies have to be terminated. It means that Member States can maintain state monopolies, but they commit to arrange the organisation and operation of state monopolies of a commercial character in such a way as to avoid discrimination against nationals/companies of other member States regarding the conditions under which goods are purchased and sold, so that trade in goods from other Member States is not put at a disadvantage, in law or in fact, in comparison to domestic goods and that competition between the economies of the Member States is not distorted. Example It would be incompatible with the Article to establish a system imposing quantitative limits on imports, discriminatory fiscal measures or measures fixing the price of products in such as way as to discriminate against imports. Concessions and competition law The most obvious approach to the issue of how concessions would be treated under our competition laws is to assume that it would be examined in the context of Article 86 EC legislation. It is worth mentioning that there is virtually no case law that deals specifically with concessions, therefore, the description below of how EC competition law would apply in this narrow area is at this point largely theoretical. 5
6 Generally speaking, Article(s) 81EC and /or 82 EC would be applicable both with respect to the procedure of awarding a concession as well as to the operation of a concession if anticompetitive conduct prohibited by these Articles results from an autonomous decision of the company having the concession. This would be the case if it cannot be shown that a Member State induced the company to engage in anticompetitive conduct. (See explanation on page 2 of the circumstances that trigger the application of Article 86 EC.) Article 86 could be applicable in connection with a violation related to a concession if the concession would be considered to fall under Article 86 of the EC Treaty, i.e., the awarding of the concession would be a state measure or the company receiving it would be an undertaking with special or excusive right or a public undertaking within the meaning of this Article. This Article would be enforced against the Member State in combination with Article 81 and/or Article 82 EC, (depending on the type of infringement) if it is shown that the violation was induced by the State. (See above.) However, regardless of whether or not the conduct would fall under Para 1 of Article 86 EC or would be subject exclusively to Article(s) 81 and/or Article 82 EC, Para 2 of Article 86 could exempt the conduct from the prohibitions contained in these provisions under certain circumstances. As explained above, under Article 86(2), with respect to companies entrusted with the operation of a service of general economic interest, the competition rules apply only to the extent that the application of these rules does not obstruct the provision of the service of general economic interest. A concession could constitute an "entrustment" within the meaning of this Article. It is important to remember, however, that this exception is only available if the conditions of strict proportionality are satisfied, i.e., if the restriction of competition is necessary and is the least restrictive measure available to achieve the objective 2. Regarding EC legislation on concessions that is not expressly competition legislation, there is no comprehensive framework governing this area. There are, however, provisions on "public works concessions 3 " and "services concessions 4 " in two EC directives governing public procurement. One of these directives establishes rules for enterprises operating in the water, energy, transport and postal services sector 5, and the other establishes rules for public works 2 See Almelo, case C-393/92, 1994 E.C.R. I-1477, Para A "Public works concession" is a contract of the same type as a works contract except for the fact that the consideration for the works to be carried out consists either solely in the right to exploit the work or in that right together with payment." Art. 1(3)(a) of Directive 2005/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, OJ L 134, p , and 1(3) of Directive 2005/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts, OJ L 134, p A "Service concession" is a contract of the same type as a public service contract except for the fact that the consideration for the services consists either solely in the right to exploit the service or in this right together with payment." Art. 1(3)(b) of Directive 2005/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and 1(4) of Directive 2005/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts. 5 Directive 2005/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, OJ L 134, , p. 1. 6
7 contracts, public supply contracts and public service contracts 6 in some other industries, such the construction industry. These directives lay down rules for the procedure of awarding public contracts if their value exceeds a certain threshold. Regardless, however, of whether or not a concession is governed by either one of these public procurement directives, the procedures involved in awarding it must reflect fundamental rules and principles enshrined in the EC Treaty in support of the Internal Market. These rules and principles include the rules on the free movement of goods and the freedom of establishment, the principles of equal treatment, non-discrimination, transparency, proportionality and mutual recognition. The principles of equal treatment and transparency imply that interested parties become reasonably informed about the criteria of awarding a concession in advance and that these criteria apply equally to all of them. Proportionality should ensure that the state does not impose conditions, whether technical, professional or financial, that are excessive and disproportionate in view of the objective. According to the principle of mutual recognition, a Member State must accept the products and services supplied by economic operators from another Member State. 6 Directive 2005/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts, OJ L 134, , p
8 Annex Article 86 EC Treaty 1. In the case of public undertakings and undertakings to which Member States grant special or exclusive rights, Member States shall neither enact nor maintain in force any measure contrary to the rules contained in this Treaty, in particular to those rules provided for in Article 12 and Articles 81 to Undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly shall be subject to the rules contained in this Treaty, in particular to the rules on competition, in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Community. 3. The Commission shall ensure the application of the provisions of this Article and shall, where necessary, address appropriate directives or decisions to Member States. Article 31 EC- Treaty 1. Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. The provisions of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others. 2. Member States shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the articles dealing with the prohibition of customs duties and quantitative restrictions between Member States. 3. If a State monopoly of a commercial character has rules which are designed to make it easier to dispose of agricultural products or obtain for them the best return, steps should be taken in applying the rules contained in this article to ensure equivalent safeguards for the employment and standard of living of the producers concerned. 8
European Competition Law. Prof. Fabio Bassan a.a
European Competition Law Prof. Fabio Bassan a.a. 2015 16 Competition, the State and public undertakings Art. 106: 1. In the case of public undertakings and undertakings to which Member States grant special
More informationL 162/20 Official Journal of the European Union
L 162/20 Official Journal of the European Union 21.6.2008 COMMISSION DIRECTIVE 2008/63/EC of 20 June 2008 on competition in the markets in telecommunications terminal equipment (Text with EEA relevance)
More informationCase T-83/91. Tetra Pak International SA ν Commission of the European Communities
Case T-83/91 Tetra Pak International SA ν Commission of the European Communities (Competition Dominant position Definition of the product markets Geographical market Application of Article 86 to practices
More informationEXPLANATORY MEMORANDUM
EXPLANATORY MEMORANDUM NOTE: This explanatory memorandum gives an overview of the current rules and the relevant Commission decision-making practice. It also outlines the possible scope for amendments
More informationCase T-219/99. British Airways plc v Commission of the European Communities
Case T-219/99 British Airways plc v Commission of the European Communities (Competition Abuse of a dominant position Competence of the Commission Discrimination between airlines Relevant product and geographic
More informationLiberalization in the context of the EU Competition Policy
Ministry of Trade,Tourism and Liberalization in the context of the EU Competition Policy mr. sc. Olgica Spevec, nk senior expert PLAC responcibility of of the PLAC Project and can in no way be taken to
More informationDIRECTIVE (EU) 2018/958 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
9.7.2018 Official Journal of the European Union L 173/25 DIRECTIVE (EU) 2018/958 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 June 2018 on a proportionality test before adoption of new regulation
More informationProcurement by Utilities
Brief 16 Public Procurement September 2016 Procurement by Utilities CONTENTS Utilities procurement in context When does the Utilities Directive apply? Which entities are subject to the application of the
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 7.3.2006 COM(2006) 94 final 2004/0168 (COD) Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European grouping
More informationCOMMISSION INTERPRETATIVE COMMUNICATION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 23.6.2006 COMMISSION INTERPRETATIVE COMMUNICATION on the Community law applicable to contract awards not or not fully subject to the provisions of the Public
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION INTERPRETATIVE COMMUNICATION
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05.02.2008 C(2007)6661 COMMISSION INTERPRETATIVE COMMUNICATION on the application of Community law on Public Procurement and Concessions to Institutionalised
More informationCase T-387/04. EnBW Energie Baden-Württemberg AG v Commission of the European Communities
Case T-387/04 EnBW Energie Baden-Württemberg AG v Commission of the European Communities (Actions for annulment Directive 2003/87/EC Greenhouse gas emission allowance trading scheme German national plan
More informationEnforcement of EU competition policy
Background paper Enforcement of EU competition policy Information on a forthcoming audit September 2018 1 Competition rules play a significant role in the EU economy: they ensure that companies can do
More informationCase C-233/94. Federal Republic of Germany v European Parliament and Council of the European Union
Case C-233/94 Federal Republic of Germany v European Parliament and Council of the European Union (Directive on deposit-guarantee schemes Legal basis Obligation to state reasons Principle of subsidiarity
More informationLaw of the Republic of Kazakhstan On Natural Monopolies
Law of the Republic of Kazakhstan On Natural Monopolies 5) This Law shall regulate the activities of the natural monopolies in the Republic of Kazakhstan; it is aimed at ensuring the protection of the
More informationCommunity legal framework for a
European Research Area European Commission Community legal framework for a European Research Infrastructure Consortium (ERIC) COUNCIL REGULATION (EC) No 723/2009 of 25 June 2009 Interested in European
More informationABUSE OF DOMINANCE. John Pheasant Lecture to National Law University, Jodhpur 24 January 2014
ABUSE OF DOMINANCE Lecture to National Law University, Jodhpur 24 January 2014 2 The Competition Laws Cartels Abuse of dominance Control of mergers 3 Competition Policy Goals The Protection of: Competitive
More information28/08/2016. State Monopolies. Obligation to adjust. Lecture: State Monopolies Alcohol & Public Health
Lecture: State Monopolies Alcohol & Public Health Jörgen Hettne jorgen.hettne@har.lu.se 1 State Monopolies Article 37 TFEU provides: 1. Member States shall adjust any State monopolies of a commercial character
More information7502/18 1 JUR LIMITE EN
Council of the European Union Brussels, 26 March 2018 (OR. en) Interinstitutional File: 2017/0294 (COD) 7502/18 LIMITE JUR 152 ENER 109 CODEC 442 OPINION OF THE LEGAL SERVICE 1 From: To: Subject: Legal
More informationUndue discrimination by SMP providers How Ofcom will investigate potential contraventions on competition grounds of Requirements not to unduly
Undue discrimination by SMP providers How Ofcom will investigate potential contraventions on competition grounds of Requirements not to unduly discriminate imposed on SMP providers Publication date: 15
More informationTrade in services KEY POINTS. PowerShift e. V. and Canadian Centre for Policy Alternatives (CCPA) *
PowerShift e. V. and Canadian Centre for Policy Alternatives (CCPA) * KEY POINTS When most people think of free trade, they think of trade in goods such as coffee, cars and chemicals. Reducing barriers
More information(Legislative acts) DIRECTIVE 2014/55/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on electronic invoicing in public procurement
6.5.2014 L 133/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2014/55/EU OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 16 April 2014 on electronic invoicing in public procurement (Text with EEA relevance)
More information(Legislative acts) DIRECTIVES
28.3.2014 Official Journal of the European Union L 94/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on the award of concession
More informationRUSSIAN FEDERATION FEDERAL LAW ON PROTECTION OF COMPETITION. Article 1. Subject and Objectives of this Federal Law
RUSSIAN FEDERATION FEDERAL LAW ON PROTECTION OF COMPETITION Adopted by the State Duma on July 8, 2006 Approved by the Federation Council on July 14, 2006 Chapter 1. General Provisions Article 1. Subject
More informationPOLICY NOTE. The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 SSI 2019/XXX
POLICY NOTE The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 SSI 2019/XXX The above instrument was made in exercise of the powers conferred by paragraph 1(1) and (3) of Schedule
More informationComisión Nacional de Comunicaciones ARGENTINA
Comisión Nacional de Comunicaciones ARGENTINA The following are a number of principles enshrined in the Argentine Republic's current regulations that would be applicable to the regulatory framework governing
More informationEIB Procurement Policy
EIB Procurement Policy José Luis Alfaro, Head of Procurement 1 Presentation outline 1. General Principles 1.1 Introduction 1.2 Structure of the Guide to Procurement 1.3 Key points 2. Operations Outside
More informationCOMMISSION OPINION. of
EUROPEAN COMMISSION Brussels, 25.11.2011 C(2011) 8572 final COMMISSION OPINION of 25.11.2011 pursuant to Article 3(1) of Regulation (EC) No 715/2009 and Article 10(6) of Directive 2009/73/EC - France -
More informationA Rational Approach towards Abuse of Collective Market. Dominance in Antitrust Law. Zhan Hao, Song Ying &Tian Chen
A Rational Approach towards Abuse of Collective Market Dominance in Antitrust Law Zhan Hao, Song Ying &Tian Chen 1. Introduction The concept of abuse of collective market dominance ( Collective Abuse )stems
More informationRoundtable on. Competition Policy and Public Procurement
Intergovernmental Group of Experts on Competition Law and Policy Geneva, 9 11 July 2012 Roundtable on Competition Policy and Public Procurement Written contribution by Lithuania The views expressed are
More informationMEDIA Training on Public Procurement
Improving Administrative Capacities in the Area of Public Procurement in Kosovo EuropeAid/132388/C/SER/XK MEDIA Training on Public Procurement February 2014 in Kosovo and implemented by Training objective
More informationby Mogens Aarestrup Vind and Fie Anna Aaby Hansen, Eversheds Advokataktieselskab 1
Defence Procurement by Mogens Aarestrup Vind and Fie Anna Aaby Hansen, Eversheds Advokataktieselskab 1 The new public procurement rules specific for the defence industry are expected to pave the way for
More informationThe KAEFER Code of Business Conduct. KAE010GI00 Code of Conduct GB Rev: 3
The KAEFER Code of Business Conduct KAE010GI00 Code of Conduct 2013-01-01 GB Rev: 3 Message from the Chairman One group one code From skilled labour on the construction site to project management and all
More informationCOMPETITION IN ELECTRICITY MARKET ACCORDING TO THE REGULATION OF DIRECTIVE 2003/54/ EC
COMPETITION IN ELECTRICITY MARKET ACCORDING TO THE REGULATION OF DIRECTIVE 2003/54/ EC JUDIT BİHM Faculty of Law, University of Miskolc Energy policy is a kind of a subject in the European Community, which
More information8. But so far the principle of local and regional self-government has not been properly respected in the EU framework. The problem is not confined to
1 March 2009 2 Introduction 1. Europe s local and regional governments have always organised and provided essential services for their citizens and businesses. These can be delivered in many different
More informationWORKING PAPER ON NATURAL RESOURCES AND CONCESSIONS IN THE CONTEXT OF THE MAI
Unclassified DAFFE/MAI/ST/RD(97)2/FINAL Organisation for Economic Co-operation and Development 12 January 2000 Organisation de Coopération et de Développement Economiques Negotiating Group on the Multilateral
More informationCEMR Response to the Consultation on the new texts regarding the application of State aid rules to Services of General Economic Interest
COUNCIL OF EUROPEAN MUNICIPALITIES AND REGIONS CONSEIL DES COMMUNES ET REGIONS D EUROPE Registered in the Register of Interest Representatives Registration number: 81142561702-61 CEMR Response to the Consultation
More informationCase T-306/01. Ahmed Ali Yusuf and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities
Case T-306/01 Ahmed Ali Yusuf and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities (Common foreign and security policy Restrictive measures
More informationDRAFT OPINION. EN United in diversity EN. European Parliament 2016/0404(COD) of the Committee on Legal Affairs
European Parliament 2014-2019 Committee on Legal Affairs 2016/0404(COD) 31.3.2017 DRAFT OPINION of the Committee on Legal Affairs for the Committee on the Internal Market and Consumer Protection on the
More informationOfficial Journal of the European Union DIRECTIVE 2003/54/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 26 June 2003
15.7.2003 L 176/37 DIRECTIVE 2003/54/EC OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC THE EUROPEAN
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2003/88/EC concerning certain aspects of the organisation of working time (presented by the Commission) EN 1 EN
More informationREPUBLIC OF LITHUANIA LAW ON ELECTRICITY 20 July, 2000, No. VIII 1881 as amended by 26 June, 2001, No. IX-408 Vilnius CHAPTER ONE GENERAL PROVISIONS
Official translation REPUBLIC OF LITHUANIA LAW ON ELECTRICITY 20 July, 2000, No. VIII 1881 as amended by 26 June, 2001, No. IX-408 Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the Law This
More informationThere is a need for EU rules on public procurement in the water, energy, transport and postal services sectors. (Q10)
The European Confederation of Worker Cooperatives, Social Cooperatives and Social and Participative Enterprises CECOP position on European Commission s Green Paper on the modernisation of EU public procurement
More informationFEDERAL LAW NO. 147-FZ OF AUGUST 17, 1995 ON THE NATURAL MONOPOLIES (with the Amendments and Additions of August 8, 2001)
FEDERAL LAW NO. 147-FZ OF AUGUST 17, 1995 ON THE NATURAL MONOPOLIES (with the Amendments and Additions of August 8, 2001) Adopted by the State Duma on July 19, 1995 Chapter I. General Provisions (Articles
More informationDirective 2009/81/EC on the award of contracts in the fields of defence and security. Guidance Note Field of application
Directive 2009/81/EC on the award of contracts in the fields of defence and security Guidance Note Field of application Directorate General Internal Market and Services 1) Principles 1. Directive 2009/81/EC
More informationThe General Secretariat has made the editorial changes necessary to align the text with the rules on references to Union legislation.
Council of the European Union Brussels, 24 October 2014 (OR. en) Interinstitutional File: 2013/0157 (COD) 14652/14 TRANS 487 MAR 162 FIN 775 CODEC 2075 OUTCOME OF PROCEEDINGS From: General Secretariat
More informationOrganisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development
Unclassified DAF/COMP/WD(2016)78 DAF/COMP/WD(2016)78 Unclassified Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 09-Nov-2016 English
More informationCase C-95/04. British Airways plc v Commission of the European Communities
Case C-95/04 P British Airways plc v Commission of the European Communities (Appeals Abuse of dominant position Airline Agreements with travel agents Bonuses linked to growth in sales of that airline's
More informationCase T-228/97. Irish Sugar plc ν Commission of the European Communities
Case T-228/97 Irish Sugar plc ν Commission of the European Communities (Article 86 of the EC Treaty (now Article 82 EC) Dominant position and joint dominant position Abuse Fine) Judgment of the Court of
More informationWorking Party No. 2 on Competition and Regulation
For Official Use DAF/COMP/WP2/WD(2009)32 DAF/COMP/WP2/WD(2009)32 For Official Use Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 30-Sep-2009
More information***I POSITION OF THE EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT 2004 2009 Consolidated legislative document 23.4.2009 EP-PE_TC1-COD(2008)0247 ***I POSITION OF THE EUROPEAN PARLIAMENT adopted at first reading on 23 April 2009 with a view to the adoption
More informationSUSTAINABLE PROCUREMENT
16 November 2017 Oslo, Norway SUSTAINABLE PROCUREMENT AND ITS LEGAL EFFECTS Dagne Sabockis PhD Candidate Stockholm School of Economics Public procurement amounts to ca 14 % of the total EU GDP* or 2 000
More informationRecent developments in the ECJ s jurisprudence on Public Procurement. Prof Christopher H. Bovis
Recent developments in the ECJ s jurisprudence on Public Procurement Prof Christopher H. Bovis ECJ case law on public procurement 1. Overview 2 Different types of procurement case Commission actions v.
More informationThe North-Atlantic Free Trade Agreement and the Trans-Pacific Partnership: Side-by-Side Comparison. NAFTA Chapter 10: Government Procurement
The North-Atlantic Free Trade Agreement and the Trans-Pacific Partnership: Side-by-Side Comparison NAFTA Chapter 10: Government Procurement Chapter Ten: Government Procurement Chapter Fifteen: Government
More informationARTICLE 29 Data Protection Working Party
ARTICLE 29 Data Protection Working Party 05/EN WP108 Working Document Establishing a Model Checklist Application for Approval of Binding Corporate Rules Adopted on April 14 th, 2005 This Working Party
More informationCase No IV/M DHL / DEUTSCHE POST. REGULATION (EEC) No 4064/89 MERGER PROCEDURE. Article 6(1)(b) NON-OPPOSITION Date: 26/06/1998
EN Case No IV/M.1168 - DHL / DEUTSCHE POST Only the English text is available and authentic. REGULATION (EEC) No 4064/89 MERGER PROCEDURE Article 6(1)(b) NON-OPPOSITION Date: 26/06/1998 Also available
More informationCouncil of the European Union Brussels, 22 May 2017 (OR. en)
Council of the European Union Brussels, 22 May 2017 (OR. en) Interinstitutional File: 2016/0398 (COD) 9507/17 NOTE From: To: Presidency Council COMPET 431 MI 442 ETS 43 DIGIT 146 SOC 419 EMPL 326 CONSOM
More informationPhilippe Claessens Chief Executive Officer Herstal Group
Charter of Ethics Dear Sir, Madam, This Charter of Ethics is a formal expression of the basic ethical principles of our Group. As the Herstal Group continues to grow and new employees join our organization
More informationExpected key changes in the New Directives on Public Procurement
Expected key changes in the New Directives on Public Procurement Internal Market Single Market is the nucleus and core economic driving force of the EU Most effective means of responding to the current
More informationDGE 2 EUROPEAN UNION. Brussels, 21 March 2018 (OR. en) 2016/0149 (COD) PE-CONS 69/17
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 21 March 2018 (OR. en) 2016/0149 (COD) PE-CONS 69/17 POSTES 28 TELECOM 369 MI 974 COMPET 884 DIGIT 285 CONSOM 403 CODEC 2106 LEGISLATIVE ACTS
More informationEU Public Sector Directive Coverage and Procedures
Dr Aris Georgopoulos Assist. Professor in European and Public Law- Advocate University of Nottingham Global Governance Fellow, Robert Schuman Centre of Advanced Studies, Outline Introduction Coverage Procedures
More informationROMANIA S EXPERIENCE ON THE RELATIONSHIP BETWEEN THE COMPETITION AUTHORITY AND THE SECTOR REGULATORS
ROMANIA S EXPERIENCE ON THE RELATIONSHIP BETWEEN THE COMPETITION AUTHORITY AND THE SECTOR REGULATORS Contribution by Romania Submitted to UNCTAD's Seventh Session of the Intergovernmental Group of Experts
More informationAN EU INITIATIVE ON CONCESSIONS
AN EU INITIATIVE ON CONCESSIONS QUESTIONNAIRE TO SOCIAL PARTNERS, CIVIL SOCIETY AND OTHER STAKEHOLDERS Profile: WaterInCitizens'Hands (WasserInBürgerhand) www.wasser-in-buergerhand.de, EU register No 97720343850-89
More informationThe relationship between competition enforcement and sector regulation
The relationship between competition enforcement and sector regulation Damien Neven Chief Competition Economist, DG COMP Université Libre de Bruxelles, November 2009 The views expressed are those of the
More informationA DECREE ON PROCLAMATION OF THE LAW ON CONCESSIONS AND PUBLIC PRIVATE PARTNERSHIP
20120060164 ASSEMBLY OF THE REPUBLIC OF MACEDONIA On the basis of Article 75 paragraph 1 and 2 of the Constitution of the Republic of Macedonia, the President of the Republic of Macedonia and the President
More informationOFT issues guidance on competition law and its application to public bodies
Briefing 12/10 March 2012 OFT issues guidance on competition law and its application to public bodies To: All contacts in England, Wales, Scotland and Northern Ireland Key issues Guidance on competition
More informationARTICLE 29 DATA PROTECTION WORKING PARTY
ARTICLE 29 DATA PROTECTION WORKING PARTY 17/EN WP 256 Working Document setting up a table with the elements and principles to be found in Binding Corporate Rules (updated) Adopted on 29 November 2017 INTRODUCTION
More informationFinal May Corporate Governance Guideline
Final May 2006 Corporate Governance Guideline Table of Contents 1. INTRODUCTION 1 2. PURPOSES OF GUIDELINE 1 3. APPLICATION AND SCOPE 2 4. DEFINITIONS OF KEY TERMS 2 5. FRAMEWORK USED BY CENTRAL BANK TO
More informationCOUNCIL OF THE EUROPEAN UNION. Brussels, 26 November 2013 (OR. en) 16162/13 Interinstitutional File: 2013/0213 (COD)
COUNCIL OF THE EUROPEAN UNION Brussels, 26 November 2013 (OR. en) 16162/13 Interinstitutional File: 2013/0213 (COD) MAP 86 COMPET 822 MI 1024 EF 226 ECOFIN 1014 TELECOM 307 CODEC 2563 NOTE From: To: No.
More informationOfficial Journal of the European Communities C 320/5
15.11.2001 Official Journal of the European Communities C 320/5 Communication from the Commission on the application of State aid rules to public service broadcasting (2001/C 320/04) (Text with EEA relevance)
More informationPUBLIC COUNCILOF THEEUROPEANUNION. Brusels,27May 2014 (OR.en) 10296/14 LIMITE JUR321 JAI368 POLGEN75 FREMP104
ConseilUE COUNCILOF THEEUROPEANUNION Brusels,27May 2014 (OR.en) 10296/14 LIMITE PUBLIC JUR321 JAI368 POLGEN75 FREMP104 OPINIONOFTHELEGALSERVICE 1 Subject: Commision'sCommunicationonanewEUFrameworktostrengthentheRule
More informationCompetition issues in waste management systems Philip KIENAPFEL and Gerald MIERSCH, Directorate-General Competition, unit C-2 and unit D-4
Competition issues in waste management systems Philip KIENAPFEL and Gerald MIERSCH, Directorate-General Competition, unit C-2 and unit D-4 1. Introduction On 22 September 2005, DG Competition published
More informationEuropean Union and the liberalization of the energy market
11.1 European Union and the liberalization of the energy market 11.1.1 Introduction The impact of European Union (EU) law on the hydrocarbons sector has differed considerably between oil and gas. The oil
More informationCOMMISSION OPINION. of
EUROPEAN COMMISSION Brussels, 25.11.2011 C(2011) 8569 final COMMISSION OPINION of 25.11.2011 pursuant to Article 3(1) of Regulation (EC) No 715/2009 and Article 10(6) of Directive 2009/73/EC - France -
More informationThe Electricity and Gas Sector in the EU: the Dilemmas of Public Service Obligations in the Context of State Aid
Bartłomiej Nowak The Electricity and Gas Sector in the EU: the Dilemmas of Public Service Obligations in the Context of State Aid Abstract: Public service obligations (PSOs) are a common issue in the utility
More informationTABLE OF CONTENTS 1. Introduction A shared responsibility of Public Authority in the Union An essential component of the European mode
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12.5.2004 COM(2004) 374 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12.5.2004 COM(2004) 374 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND
More informationThis document will be the basis for legal-linguistic revision in view of the common position.
COUNCIL OF THE EUROPEAN UNION Brussels, 15 October 2008 14140/08 Interinstitutional File: 2007/0195 (COD) ENER 323 CODEC 1303 NOTE No. Cion prop. : 13043/07 ENER 221 CODEC 948 Subject : Proposal for a
More information9057/1/17 REV 1 AW/gb 1 DG G 3A
Council of the European Union Brussels, 29 May 2017 (OR. en) Interinstitutional File: 2016/0404 (COD) 9057/1/17 REV 1 NOTE From: On: 15 May 2017 To: General Secretariat of the Council Delegations COMPET
More informationAMWAY S RESPONSE TO THE PUBLIC CONSULTATION ON THE EUROPEAN COMMISSION PRELIMINARY REPORT ON THE E-COMMERCE SECTOR INQUIRY
AMWAY S RESPONSE TO THE PUBLIC CONSULTATION ON THE EUROPEAN COMMISSION PRELIMINARY REPORT ON THE E-COMMERCE SECTOR INQUIRY November 18, 2016 EXECUTIVE SUMMARY Amway welcomes the European Commission s publication
More informationDIRECTIVE 2012/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012 establishing a single European railway area (recast)
02012L0034 EN 24.12.2016 001.001 1 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions
More informationCOMMISSION STAFF WORKING PAPER
EN EN EN EUROPEAN COMMISSION Brussels, 22 January 2010 COMMISSION STAFF WORKING PAPER INTERPRETATIVE NOTE ON DIRECTIVE 2009/72/EC CONCERNING COMMON RULES FOR THE INTERNAL MARKET IN ELECTRICITY AND DIRECTIVE
More informationOfficial Journal of the European Union. (Acts whose publication is obligatory)
5.11.2003 L 287/1 I (Acts whose publication is obligatory) REGULATION (EC) No 1946/2003 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 15 July 2003 on transboundary movements of genetically modified organisms
More informationIndependent Regulators Group Rail. IRG Rail
IRG-Rail (15) 6 Independent Regulators Group Rail IRG Rail Position Paper on the new proposals concerning governance and the award of public service contracts with a strong focus on the role of the regulatory
More informationThe Governance Arrangements of the Corporation of Sussex Coast College Hastings SCHEME OF DELEGATION
The Governance Arrangements of the Corporation of Sussex Coast College Hastings SCHEME OF DELEGATION Scheme for the Delegation of Board Powers and Executive Limitations 1. Context This Scheme forms part
More informationRevised rules for the assessment of horizontal cooperation agreements under EU competition law
Revised rules for the assessment of horizontal cooperation agreements under EU competition law RESPONSE Date: 25th June 2010 Interest Representative Register ID number: 84973761187-60 Patrice Pellegrino
More informationThe Anti-monopoly Commission of the State Council. Anti-monopoly Guideline on Abuse of Intellectual Property Rights.
The Anti-monopoly Commission of the State Council Anti-monopoly Guideline on Abuse of Intellectual Property Rights (Exposure Draft) (December 31, 2015) Preamble Anti-monopoly and intellectual property
More informationProgress since the 2004 White Paper on services of general interest
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 20.11.2007 SEC(2007) 1515 COMMISSION STAFF WORKING DOCUMENT Progress since the 2004 White Paper on services of general interest Accompanying document to
More information1. Purpose. This policy provides Employees with guidance on behaviours or actions that may be noncompliant with anti-trust or anti-competition laws.
Section: pg. 2 1. Purpose AET is committed to conducting our business with honesty and integrity. It is AET s policy to comply with all laws governing AET s global business operations and activities including
More information***I DRAFT REPORT. EN United in diversity EN. European Parliament 2016/0404(COD)
European Parliament 2014-2019 Committee on the Internal Market and Consumer Protection 23.6.2017 2016/0404(COD) ***I DRAFT REPORT on the proposal for a directive of the European Parliament and of the Council
More informationClass Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015
Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015 Time schedule of the class 09.04.2015 Basics of unification of law: notion, purposes, history 16.04.2015 Methods of unification
More informationDIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 7 March 2002
DIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (*) as amended by Directive
More informationPUBLIC LIMITE EN COUNCILOF THEEUROPEANUNION. Brusels,12July /13 InterinstitutionalFile: 2011/0437(COD) LIMITE MAP 61 MI 596 CODEC 1642
ConseilUE COUNCILOF THEEUROPEANUNION Brusels,12July2013 11748/13 InterinstitutionalFile: 2011/0437(COD) LIMITE PUBLIC MAP 61 MI 596 CODEC 1642 NOTE From: GeneralSecretariat To: PermanentRepresentativesCommitee
More informationUNBUNDLING OF DISTRIBUTION SYSTEM OPERATORS
UNBUNDLING OF DISTRIBUTION SYSTEM OPERATORS GUIDE AND REQUIREMENTS FOR PRACTICAL IMPLEMENTATION 1. RATIONALE To create a level playing field at retail level, the activities of distribution system operators
More informationPROPOSAL FOR AMENDMENTS
CEEP.2015 Orig. EN March 2015 PROPOSAL FOR AMENDMENTS Recommendations to the European Commission on the negotiations for the TTIP EUROPEAN CENTER FOR EMPLOYERS AND ENTREPRISES PROVIDING PUBLIC SERVICES
More informationEXPLANATORY NOTE DRAFT
EXPLANATORY NOTE DRAFT to the draft Resolution of the Cabinet of Ministers of Ukraine On Approval of the Regulations on Imposing Specific Duties on Natural Gas Market Participants to Meet General Public
More informationJUDGMENT OF THE COURT (Third Chamber) 22 December 2010 *
JUDGMENT OF THE COURT (Third Chamber) 22 December 2010 * In Case C-215/09, REFERENCE for a preliminary ruling under Article 234 EC, made by the Markkinaoikeus (Finland), by decision of 12 June 2009, received
More informationClass Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2016
Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2016 Time schedule of the class 21.04.2016 Basics of unification of law: notion, purposes, history 28.04.2016 Institutions and
More informationA Guide to Competition Law
Behaviour in Competition A Guide to Competition Law RZ_ROC_Bro_Behaviour_Competition_e.indd 1 11.0.10 14:06 Behaviour in Competition RZ_ROC_Bro_Behaviour_Competition_e.indd 2 11.0.10 14:06 1 Contents I
More informationAnti-unfair competition developments
Anti-unfair competition developments The Facebook and AdBlock Plus cases in Germany Adrian Emch Partner, Hogan Lovells, Beijing Outline Overview Facebook case AdBlock Plus cases Discussion Hogan Lovells
More information