By Claus Dieter Ehlermann and Isabela Atanasiu

Description

The European Competition Law Annual 2004 is ninth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate that took place at the ninth edition of the workshop (11-12 June 2004), which examined the relationship between competition law and the regulation of (liberal) professions. The (liberal) professions and the rules governing their functioning have become of interest for EC competition law enforcement since the early nineties, making the object of a series of Commission decisions and judgments of the European courts. The subject has gained in importance in the perspective of the recent decentralisation of EC antitrust enforcement. The regulation of (liberal) professions is also a matter of increasing concern from the perspective of freedom of services in the internal market. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some Member States, reknown international academics and legal practitioners - discussed the economic, legal and political/institutional issues that arise in the relationship between competition law and the regulation of (liberal) professions.

Contents

Panel 1 Economic Aspects 1

I Managing competition in professional services and the burden of inertia by Benito Arrunada 51

II The liberal professions - getting the regulatory balance right by Amelia Fletcher 73

III Towards a smarter protection of public interests in the liberal professions by Marc Hameleers and Jeroen van den Heuvel Rijnders and Sander Balje 85

IV Antitrust law compliance and professional governance : how can the European commission trigger competitive self-regulation? by Harald Herrmann 101

V Regulation, competition and the professions by Frederic Jenny 131

VI The market failure justification for the regulation of professional service markets and the characteristics of consumers by Frank H. Stephen 143

VII Towards efficient self-regulation in markets for professional services by Roger van den Bergh 155

Panel 2 Legal issues 177

I Freedom of establishment and freedom to provide services for regulated professions in the internal market : new initiatives by the commission by Pamela Brumter Coret 219

II Vocation as commodity by John D. Cooke 229

III Liberal or learned? : European and US antitrust approaches to the professions by Harry First 239

IV Where law meets competition : is Wouters like a Cassis de Dijon or a platypus? by Ian S. Forrester 271

V Competition law and public interest : do we need to change the law for the (liberal) professions? by Hans Gilliams 295

VI The regulated conduct defence in Canada by Calvin S. Goldman and Benjamin R. Little 335

VII Anti-competitive state action in the area of liberal professions : an EU/US comparative law perspective by Luc Gyselen 353

VIII Antitrust and the liberal professions : the US experience by William Kolasky 397

IX Professions and competition in Spain : a long and winding road by Santiago Martinez Lage and Rafael Allendesalazar Corcho 409

Published Year: 2006 Format: Hard Back ISBN: 9781841136127 Publisher: Hart Publishing, Oxford No of Pages: 430 Our Price: £ 118.00 Reviews: 0 reivew(s).

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