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Archived: 03/06/2008 at 22:52:53
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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
The latest issue of the Antitrust Source is now online. Check it out here. There is an interesting interview of Michael Baye, Director, Bureau of Economics, Federal Trade Commission, where the latter explains how econometric evidence is used in merger proceedings. Together with my assistant, I am currently writing an article on econometric tools in EC competition law... or where the antitrust source becomes a source of inspiration.
Save the date: The next GCLC Annual Conference, which will be devoted to the EU Cartel Policy, will take place on 19 and 20 June, at the Hliton Hotel Brussels. Programme will follow shortly.
FYI, I am now - officially - the executive secretary of the GCLC. Drop me a line if you need info re. GCLC activities.
A new detection weapon, which seems primarily directed at insiders detaining info. Or insider trading encouraged by law. Nice.
Thanks to the antitrustreview for the pointer.
I was invited, last week in Paris, to give a presentation at the AFEC Annual Conference (litterally, French Association for the Study of Competition Law or, put simply, a French think tank on competition policy).
The subject: agreements and concerted practices - 2007 in retrospect. My DRAFT paper can be downloaded below.
More importantly, the AFEC has a website which contains loads of materials on EC and French competition law. In particular, the various AFEC working groups contribute regularly to competition policy debates through the adoption of (useful) reports, which can be downloaded here.
Next lunch talk of the GCLC, due 26 February 2008, will be dedicated to the "Investigative Powers of the Commission in Cartel Cases". Ewoud Sakkers (Head of Unit, DG COMP) and Matthew Levitt (Partner, Lovells) will discuss this subject of utmost practical importance (although not cartel case).
See below for registration form.
... 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.
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