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Archived: 02/07/2008 at 20:44:52
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Regulation through Agencies in the EU: A New Paradigm of European Governance
The Liberalization of State Monopolies in the European Union (EUROPEAN MONOGRAPHS Volume 23)
The WTO and Global Convergence in Telecommunications and Audio-Visual Services
... because being a lawyer is a dangerous profession.
Trainees and officials from four Directorates-General of the European Commission - Competition, Internal Market and Services, Taxation, and Trade are jointly organizing a workshop on emissions trading system to take place on 15 February 2008 in Centre Albert Borschette, room AB 0A, from 14h30 to 16h30.
The workshop seeks to provide some guidance by explaining what the emissions trading system (ETS) is all about and debating on the different legal and economic aspects concerned, with a focus on environment, competition, trade and energy.
The workshop will start by presentations on ETS from experts in the related DGs. The second part of the workshop will consist in a questions & answers session.
Speakers:
DG ENV (Unit C2: Market-Based Instruments Including Greenhouse Gas Emissions Trading)
- Hans BERGMAN
- Daniel KRAMER
DG TRADE
- Colin BROWN (Legal Aspects of Trade Policy)
- Bertin MARTENS (Chief Economist Unit)
Registration is free. Please register at workshop4dg@gmail.com.
If you are not a stagiaire or an official from the European Commission please send the following data (for security reasons the guard will not let you in if you have not registered: your Last name & First Name, the name of your Company/ organisation, your date of Birth, and your complete ID number)
Denis Waelbroeck's thorough paper entitled "le développement des solutions négociées en droit de la concurrence: que va-t-il rester au juge?" has been published as a GCLC working paper.
My comment on the Microsoft case has just been published in the "Journal de droit européen", formerly known as the Journal des Tribunaux - Droit Européen (JTDE).
Again, I would be most happy to receive submissions for the GCLC working papers series.
To all our Phd readers. In Case 3/00, Mr. Pitsiorlas was trying to collect damages from the EC Institutions. He claimed that "the refusal of the two Community ‘institutions’ to grant him access to the document requested had disrupted his timetable for writing his thesis and was still preventing him – three years and four months after the expiry of the deadline set for handing in his thesis (31 March 2001) – from finishing it and submitting it to the Thessaloniki Faculty of Law".
Now comes the best part. The applicant sought to explain with accuracy the damage suffered from the institutions' refusal to disclose the document:
"The applicant claims, second, that the delay of approximately three and a half years in finishing his thesis caused him very serious non‑material damage consisting in:
– a significant prolongation of his anxieties concerning the completion of his thesis;
– the delay to his career and financial advancement;
– the impossibility of applying for job opportunities in Greece and, in particular, abroad, for which a doctorate was necessary;
– the postponement of a career in an academic environment which requires a doctorate, the resulting uncertainty and the worsening of his situation, in view also of his age;
– the need to update his thesis repeatedly as a result of constant developments in the EMU and the resulting loss of time and fatigue;
– the psychological pressure suffered to this day concerning the completion of his thesis, the negative and ironic comments made about him and which continue to be made, and the obligation to have to give an explanation every time he is asked when his thesis will be completed;
– the loss of time and energy brought about by the proceedings before the Court of First Instance and the Court of Justice;
– the psychological strain caused by the length of the proceedings, the outcome of which is fundamental for his future.
The applicant claims that, in those circumstances, he should be awarded the sum of EUR 90 000 (!) by way of compensation for the non‑material damage which he has suffered".
The CFI - rightly - dismissed the action. I stressed, in bold, bits which will make sense to anyone who has gone through a doctoral dissertation.
On 22 February 2008, the United Kingdom Association of European Law jointly with Centre for European Law & Integration is holding a one-day conference on non-contractual liability in damages of the Member States and the Community. As far as we, antitrust lawyers are concerned, the conference will deal with issues such as Commission's liability for illegal decisions and private parties liability for breach of EC competition rules. Speakers include prominent EC competititon specialists (D. Bailey, N. Green, P. Lasok, etc.).
Programme and registration form can be downloaded hereafter:
PS: I am aware - and I apologize - that this blog has lately been turning to a conference announcement website.
We still have a number of seats available for the next lunch talk of the GCLC, which will take place on Friday. (with JF. Bellis, J. Davies, S. Kinsella, J. Ratliff and A. Winckler). Tickets will be allocated on a first come-first served basis.
Registration form can be downloaded below.
Download 30th_lunch_talk_of_the_gclc_registration_form.pdf
On 16 May 2008, The Institute of European Law at Birmingham Law School is organizing a conference on the Microsoft case and its implications for the IT industry and EC competition law. Speakers include I. Forrester, J. Flynn, S. Anderman and D. Rydiard.
Luis Ortiz Blanco invited me to give a lecture, early this week, in Madrid (the topic: "agreements, concerted practices and decisions by associations of undertakings" ). The lecture took place in the context of a high-profile study programme, run by the Instituto de Estudios Bursatiles (a business school affiliated to the Universidad Complutense). The course intends to provide an in-depth training in competition law to Spanish competition officials and lawyers. It consists on the one hand of lectures and, on the other hand, of practical sessions where students are asked to solve complex cases involving EC and Spanish competition law issues. Needless to say, the study programme has been placed in good hands: Besides Luis Ortiz, who does not need further introduction, Pablo Ibanez, from the European University Institute in Florence and Alfonso Lamadrid, from the law firm Garrigues, are taking care of the organization of the courses. In addition, most of the top notch Madrid practictioners have been invited to give lectures.
I come back from Madrid with much inspiration for the LLM in competition and IP law in Liege. Please find below links to the brochure of the study programme and to my presentation.
The next lunch talk of the GCLC will take place on 25 January. JF. Bellis, J. Davies, S. Kinsella, J. ratliff and A. Winckler will come back on 2007 (and, possibly, formulate ex ante predictions for 2008). Registration form can be downloaded below.
On 22 and 23 May 2008, the Europa Institute of the Utrecht University School of Law (Netherlands) will hold a conference entitled "Judicial Review in Competition Law and Economic Regulation". The substantive reforms achieved during the last decade and, in particular, the unprecedented reliance of competition authorities and NRAs on industrial economics, emphasizes the need for appropriate judicial review mechanisms (Scherer once wrote “the trouble is economic analysis is an elastic instrument, and I am sorry to report, some economists’ consciences are also elastic”). However, placing agencies under permanent judicial scrutiny bears the risk of hindering the efficiency of economic regulation. Hence, the challenge of striking the right balance between efficient judicial review and efficient economic regulation.
The conference organizers have chosen to deal with the issue under a comparative standpoint. The programme and registration form can be downloaded hereafter.
Download flyerconferencejudicialreviewEuropaInstituteUtrecht.doc
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