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Adapting Competition Law to the Digital Transition. Two Challenges

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  • 15711 reads
Emanuele Fazio

Abstract: The European responses to the COVID-19 outbreak have triggered an ongoing review process of competition rules and enforcement procedure to support the Union’s priorities. In this context, the European Commission published the Communication ‘A Competition Policy Fit for New Challenges' with the aim of underlining the ability of competition...

European Papers, 23.12.2022 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Companies, Competition and the private sector

The EU General Court's 2022 Intel Judgment: Back to Square One of the Intel Saga

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  • 27886 reads
Miroslava Marinova

Abstract: The latest judgment of the General Court in the Intel case annulled the EU Commission’s decision from 2009 imposing a €1.06 billion fine on Intel for abusing its dominant position by offering fidelity rebate schemes (case T‑286/09 Intel v Commission ECLI:EU:T:2022:19). The judgment reaffirms the application of an “effects...

European Papers, 17.10.2022 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Competition and the private sector

The European Commission’s Instrumentalization Strategy: Normalising Border Procedures and De Facto Detention

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  • 16868 reads
Marco Gerbaudo

Abstract: The global reform of the EU migration policy envisaged in the New Pact on Migration and Asylum is stalling. The increased number of arrivals from Belarus gave the European Commission the opportunity to change its approach in attempting to reform the European migration management. The Belarus crisis, influenced by the active involvement of...

European Papers, 30.09.2022 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, Police and judicial cooperation in criminal matters, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

Decentralized Finance and EU Law: The Regulation on a Pilot Regime for Market Infrastructures Based on Distributed Ledger Technology

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  • 22882 reads
Giovanni Zaccaroni

Abstract: The decentralized issuance of financial instruments is presently problematic under EU law. This situation will change with the entry into force of the Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The Regulation provides for a regulatory sandbox – the pilot regime – that market operators...

European Papers, 24.09.2022 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Companies, EU Policies and the Area of Freedom, Security and Justice, Union Policies

Protecting Borders or Individual Rights? A Comparative Due Process Rights Analysis of EU and Member State Responses to ‘Weaponised’ Migration

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  • 20862 reads
Felix Peerboom

Abstract: In recent years the EU and its Member States have claimed to be increasingly targeted by “weaponised” migration. Due to the contemporary sensitivity of migration-related issues in the EU, neighbouring states are supposedly using the threat of increased migration to force the Union’s hand in other policy areas. Below, several recent...

European Papers, 17.09.2022 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, Police and judicial cooperation in criminal matters, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

Schengen Reform: ‘Alternatives’ to Border Controls to Curb ‘Secondary Movements’

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  • 9796 reads
Vasiliki Apatzidou

Abstract: A series of challenges and crises have highlighted the deficits of the ‘Schengen Αrea’ both regarding its external and internal borders. This resulted in the undermining of trust between the Member States which is essential to sustain an area free from internal borders. Thus, the EU Commission presented in December 2021 new rules to...

European Papers, 31.07.2022 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, EU Policies and the Area of Freedom, Security and Justice, Visas, asylum and immigration, Police and judicial cooperation in criminal matters, The European Integration Through Human Rights, Protection of human rights in Europe, Justice

The Curious Incident of the ‘State Aid’ Granted by an International Arbitral Tribunal

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  • 14519 reads
Giacomo Biagioni

Abstract: In case C-638/19 P Commission v European Food ECLI:EU:C:2022:50, the Grand Chamber of the Court of Justice of the European Union held that the Commission was competent to assess the compatibility of State aid granted as a consequence of an arbitral award issued against Romania by a tribunal established under a bilateral investment...

European Papers, 28.07.2022 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Competition and the public sector, The International Dimension of European Integration, International trade law and policy

JY v Wiener Landesregierung: Adding Another Stone to the Case Law Built Up by the CJEU on Nationality and EU Citizenship

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  • 14778 reads
Ilaria Gambardella

Abstract: In case C-118/20 JY v Wiener Landesregierung ECLI:EU:C:2022:34, the Grand Chamber of the Court of Justice addressed another preliminary question regarding the relationship between nationality and EU citizenship. The case builds on the two previous cases Rottmann and Tjebbes. This time, the Court was confronted...

European Papers, 20.07.2022 | Posted in
The Constitutional Dimension of the European Union, The impact of EU law over national law, Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, Citizenship, The European Integration Through Human Rights, Protection of human rights in Europe
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Displaying 17 - 24 (of 103 posts)

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