Article 81 EC and Public Policy

(Hardback)

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This book discusses the role of public policy in Article 81 of the EC Treaty. The Commission, and recently the Court of First Instance have said that the sole objective of Article 81 EC is consumer welfare. Many competition lawyers and economists support this view. Writing in a crisp, plain style, Townley demonstrates that public policy considerations are still relevant in that provision. He also examines how and where they are currently considered and then suggests why, how and where this might be changed. The book explains how some of the most complex competition law cases can be understood and offers a framework for those fighting or deciding such cases in the future. As such, it will be of interest to European competition lawyers, both academics and practitioners (furnishing them with a framework for hard cases), as well as students, seeking a deeper understanding of how the European competition rules work and how they interact both with European Union and Member State public policy goals. It will also help competition economists by revealing the mechanisms through which public policy considerations impact upon the consumer welfare test in European law.

Reviews

The treatment of the subject is rich and full of interesting intuitions...This is certainly an interesting book dealing with a topic which had not yet been addressed in an English language monograph so far. One can only hope that scholars will be encouraged to respond to these stimulating and controversial ideas addressing the many questions which they raise or leave unexplored. Renato Nazzini European Law Review Volume 36, February 2011 In general, this study constitutes a unique look at the policy and problems of Article 81, particularly some of the controversial decisions which it has produced. The author's critical remarks and references are invaluable Caroline Si Bouazza Concurrences No 1, 2010 In light of today's new and intriguing context, the paucity of recent and systematic analyses in this area is deplorable. Christopher Townley's work is therefore most welcome and of great practical relevance. Ben van Rompuy European Competition Law Review Volume 31, Issue 5, 2010 Townley has written a much needed book. This book provides a good starting point for the further examination of the important question 'Why, how, and when might public policy have a part to play in contemporary EC competition analysis'. Anne-Kathrin Kuhnel Cambridge Law Journal 69, 1, March 2010 The book will serve as a rich and comprehensive source of reference with many useful discussions and direct the reader to helpful instruments to tackle a very controversial, ultimately highly political problem. The book reflects the latest comprehensive study on the relevance of the public policy and considerations in Article 81 EC. Constanze Semmelmann Common Market Law Review Volume 47, Issue 3 Article 81 EC and Public Policy constitutes a timely and constructive contribution to the debate on the direction of competition policy in changing and challenging times. Christopher Townley gives a dispassionate and convincing account of the trends and themes characterising the application of Article 101 TFEU ... his commentary is extremely exhaustive and engaging and encourages stimulating reflection in the reader and, it is hoped, food for thought for policy makers at EU and national level. Arianna Andreangeli The Competition Law Review July 2010 The only book in the English language to date that goes into the ex-Article 81 EC policy ideas exclusively and to this detail. Townley's writing style is crisp and clear Dr Robin van der Hout LLM Yearbook of European Law Vol 29, No 1, 2011

Author Bio

Christopher Townley is a Lecturer in Law at King's College London. He previously worked as a solicitor at Clifford Chance LLP and then as Principal Case Officer at The Office of Fair Trading. He has since acted as a consultant for several bodies, including The Office of Fair Trading and Ofcom.