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International Economic Cooperation

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by

Bart Wernaart

on 27 August 2015

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Transcript of International Economic Cooperation

European Union
Directly applicable
Van Gend en Loos, Case 26/62
Of a higher order
Costa-Enel, Case 6/64

3. Fair Competition
International Economic Cooperation
- 1. Forms

1. Forms
- Free trade zone
- Custom union
- Common market
- Economic Union
- Monetary Union
The bodies you already know
-European Council General policies
-----------------------------------------------


2: Free trade
2. Free trade
3. Fair Competition
4. Harmonization of law
-
FTZ:
No internal fees
-
CU:
Same External fees
-
CM:
Also concerning services, persons and capital
-
EU:
Harmonization of law
-
MU:
Harmonization of currency and financial policies


-
European Commission
initiative on lawmaking/ daily executive power/ guardian of EU law.
-
Council of Ministers
Lawmaker.
-
European Parliament
Political control, Lawmaker
-
Court of Justice
Judge
-(
European Court of Auditors
)
-(
European Central Bank
)

informal:
Eurogroup
Fiscal restrictions
QR and MEE
Import/export
30 TFEU
National tax
110 TFEU
Direct
Indirect
Sales modality
Product demand
-keck
Dassonville
Cassis de Dijon
36 TFEU
1. Forms
- Cartel
- Abuse of dominant position
- Concentrations
- State aid

Cartel
101 TFEU
Abuse of a dominant position
102 TFEU
Concentration
Regulation 139/2004
State Aid
107-109 TFEU economic aid measures of Member States
110 TFEU: fiscal restrictions through national tax policies
‘The following shall be prohibited as incompatible with the common market: all
agreements

between
undertakings
,
decisions
by associations of undertakings
and concerted practices
which may
affect trade
between Member States
and which have as their object or effect
the prevention, restriction or distortion of competition within the common market.’
Undertaking:
-Location is not relevant
-Every unit that employs economic activity (not necessary companies).
-So, possibly, also the activities of Governments (Höfner & Elser case, C-41/90)
- hardcore vs. softcore
horizontal vs vertical
- exemptions?
- What behaviour? -> 101 TFEU
1. What market?
2. Autonomous?
3. What bevahiour? -> 102 TFEU
Geographical vs product/services
SSNIP-test -> Nestlé/Perrier, 1992
'A concentration acquires an EU dimension where:
the combined aggregate worldwide turnover of all the companies concerned is more than €5 billion; and
the aggregate turnover in the EU of each of at least 2 of the companies concerned is more than €250 million, unless each of the companies concerned generates more than 2/3 of its aggregate EU-wide turnover within a single EU country.'
4. Harmonisation of law
Leveling the playing field
E.g. IP law, privacy law, product demands
Full transcript