Article (Scientific journals)
Sharing powers within exclusive competences: Rethinking eu antitrust law enforcement
Van Cleynenbreugel, Pieter
2016In Croatian Yearbook of European Law and Policy, 12, p. 49-79
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Abstract :
[en] Although the establishment of competition rules forms part of the EU’s exclusive competences, the application and enforcement of those rules has always been shared consistently between the EU and its Member States. The sharing of enforcement powers is conceptualised traditionally as a delegation of the exercise of exclusively conferred competences. The Court of Justice of the European Union’s case law in the context of EU antitrust law enforcement nevertheless raises profound questions as to the overall tenability of this delegation framework in this particular field of EU exclusive competence. This contribution argues the traditional exclusive competences narrative indeed fails to grasp the system of shared enforcement powers underlying EU antitrust law. Seeking to make sense of the realities of that system in light of EU competence doctrines, it explores the constitutionality of legal policy strategies enabling a more explicit recognition of shared competences principles as an inherent part of this EU exclusive competence domain.
Disciplines :
European & international law
Author, co-author :
Van Cleynenbreugel, Pieter ;  Université de Liège > Département de droit > Droit matériel européen
Language :
English
Title :
Sharing powers within exclusive competences: Rethinking eu antitrust law enforcement
Publication date :
2016
Journal title :
Croatian Yearbook of European Law and Policy
eISSN :
1845-5662
Publisher :
University of Zagreb. Faculty of Law, Zagreb, Croatia
Volume :
12
Pages :
49-79
Peer reviewed :
Peer Reviewed verified by ORBi
Available on ORBi :
since 22 December 2016

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