Article 101 TFEUTreaty InterpretationCompetition LawContract LawLegal TheoryComparative LawDespite the importance of the "agreement" concept under art.101(1) TFEU, the concept remains underdeveloped by courts and commentators. This article reconstructSocial Science Electronic Publishing...
may not breach Articles 101 and 102 TFEU to the extent that the rule in question pursues a legitimate objective and its restrictive effects are inherent in the pursuit of that objective and are proportionate to it.Footnote166The ECJ has offered further guidance in other cases. In Olympique ...
Footnote77 For a practice to be considered abusive and thus trigger the application of Article 102 TFEU, it is necessary to establish a logically consistent theory of harm, which is able to articulate why a specific behaviour causes harm to competition and ultimately consumers.Footnote78 The notion...
Instead, the competence allocation arrangement remains unchanged in Article 14 TFEU, which provides that the EU and the Member States ‘each within their respective powers’ shall take care of the provision of SGEI. 170. The case is concerned with a risk equalisation scheme in the Irish health...
This chapter analyses the contribution of the EU Court of Justice to the fulfilment of the mandate under Article 16 TFEU. It focuses on the institutional position of the EU Court of Justice in the constitutional order of the Union and on its role as a constitutional court in relation to the...
An often-contested subject in the EU is the question of whether Article 49 TFEU can, or should, facilitate corporate mobility - permitting companies based in one Member State to transfer themselves entirely to another. This essay seeks to revisit this debate in light of recent judicial and ...
section 1 contains prohibitions on treaties and practices that have the object or effect of restricting competition modelled on Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) (1957); second, modelled in Article 102 of the TFEU as well as the prohibition on abus...
For the overseas territories of EU Member States, see Annex II TFEU. 89. Seeegthe 1999 Convention for the Unification of Certain Rules for International Carriage by Air entered into by New Zealand in respect of Tokelau, 2242 UNTS 350; Declaration of France to the effect that ratification of ...
The primary research question for this study is what funding sources do faculty at universities in the United States from the social sciences, arts, and humanities use to pay for APCs? A secondary question is, for these faculty who have published in an open access journal, what is their ...