This article offers a novel perspective on competition law’s role in concentrated markets. While progressive views arguably flout just about anything that traditional legal doctrine esteems—advocating that competition law should be reconfigured to address a broader set of values beyond the welfare of consumers— established viewpoints hold that the subject of these attacks is the sheer size of digital platforms, although this overlooks their character as networked industries that overwhelmingly generate consumer benefits. Both views miss a crucial issue: they blur the vital role that competition law’s emphasis on consumers plays in producing welfare and prosperity when competition- and non-competition-related problems of market power are entwined. In particular, an intensified extent of administrative action helps to put in place the discursive benefits gained by advancing a proper dialogue between leading actors and consumers, and encourages a greater extent of integration of consumers’ views into the market.
{"title":"Competition Law as a Catalyst for Collective Market Governance: Gauging the Discursive Benefits of Intensified Administrative Action","authors":"Adrian Kuenzler","doi":"10.1093/yel/yeac002","DOIUrl":"https://doi.org/10.1093/yel/yeac002","url":null,"abstract":"\u0000 This article offers a novel perspective on competition law’s role in concentrated markets. While progressive views arguably flout just about anything that traditional legal doctrine esteems—advocating that competition law should be reconfigured to address a broader set of values beyond the welfare of consumers— established viewpoints hold that the subject of these attacks is the sheer size of digital platforms, although this overlooks their character as networked industries that overwhelmingly generate consumer benefits. Both views miss a crucial issue: they blur the vital role that competition law’s emphasis on consumers plays in producing welfare and prosperity when competition- and non-competition-related problems of market power are entwined. In particular, an intensified extent of administrative action helps to put in place the discursive benefits gained by advancing a proper dialogue between leading actors and consumers, and encourages a greater extent of integration of consumers’ views into the market.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"70 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77388991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/yel/yeac001","DOIUrl":"https://doi.org/10.1093/yel/yeac001","url":null,"abstract":"","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"109 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79231335","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘Detailing’ EU Legislation through Implementing Acts","authors":"J. Englisch","doi":"10.1093/YEL/YEAB007","DOIUrl":"https://doi.org/10.1093/YEL/YEAB007","url":null,"abstract":"","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"3 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82426163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Future of Europe after Brexit towards a Reform of the European Union and its Euro Area","authors":"Christian Calliess","doi":"10.1093/yel/yeaa014","DOIUrl":"https://doi.org/10.1093/yel/yeaa014","url":null,"abstract":"","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"18 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76473396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article is about institutional change in the Banking Union. It has two related aims. The first is to engage with the law of the Single Supervisory Mechanism (SSM)—the first pillar of the Banking Union—and in this context to discuss tensions that have lately emerged between the case law of the Court of Justice of the European Union (CJEU) and that of the German Federal Constitutional Court. The second, but main, aim of this article is to put the law of the SSM as it was enacted in the SSM Regulation, and as it was interpreted by the CJEU and by the German court, in a broader perspective of institutional change. For this purpose, this article adopts an interdisciplinary approach that seeks insights on institutional change in the political science literature. In particular, the article seeks to shed light on the role played by courts. In short, it argues that whilst the SSM is a story of change following an exogenous shock (ie the sovereign debt crisis), it is also an account of change and contestation between courts made possible by the ambiguities and incompleteness of the SSM rules. It will show that the evolution of the SSM is by no means frictionless and that it is only by tracing change from the point of the enactment of the law to its interpretation by the courts that one gains a real appreciation of the dynamics and salience of change within the SSM.
{"title":"Institutional Change in the Banking Union: The Case of the Single Supervisory Mechanism","authors":"Pierre Schammo","doi":"10.1093/YEL/YEAB002","DOIUrl":"https://doi.org/10.1093/YEL/YEAB002","url":null,"abstract":"\u0000 This article is about institutional change in the Banking Union. It has two related aims. The first is to engage with the law of the Single Supervisory Mechanism (SSM)—the first pillar of the Banking Union—and in this context to discuss tensions that have lately emerged between the case law of the Court of Justice of the European Union (CJEU) and that of the German Federal Constitutional Court. The second, but main, aim of this article is to put the law of the SSM as it was enacted in the SSM Regulation, and as it was interpreted by the CJEU and by the German court, in a broader perspective of institutional change. For this purpose, this article adopts an interdisciplinary approach that seeks insights on institutional change in the political science literature. In particular, the article seeks to shed light on the role played by courts. In short, it argues that whilst the SSM is a story of change following an exogenous shock (ie the sovereign debt crisis), it is also an account of change and contestation between courts made possible by the ambiguities and incompleteness of the SSM rules. It will show that the evolution of the SSM is by no means frictionless and that it is only by tracing change from the point of the enactment of the law to its interpretation by the courts that one gains a real appreciation of the dynamics and salience of change within the SSM.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"58 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85603905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Challenges of Justice in the European Banking Union. Administrative Integration and Mismatches in Jurisdiction","authors":"M. Simoncini","doi":"10.1093/YEL/YEAB001","DOIUrl":"https://doi.org/10.1093/YEL/YEAB001","url":null,"abstract":"","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"30 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89804791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Brexit withdrawal agreement is full of tensions between EU and international law, and mixes together provisions winding down the UK's membership and continuing the EU/UK relationship—culminating in the confused and incomplete provisions on Northern Ireland. This paper analyses the key elements of the agreement, including its legal effect, dispute settlement provisions, and rules on UK and EU citizens' acquired rights.
{"title":"The End - or a New Beginning? The EU/UK Withdrawal Agreement","authors":"S. Peers","doi":"10.1093/yel/yeaa010","DOIUrl":"https://doi.org/10.1093/yel/yeaa010","url":null,"abstract":"The Brexit withdrawal agreement is full of tensions between EU and international law, and mixes together provisions winding down the UK's membership and continuing the EU/UK relationship—culminating in the confused and incomplete provisions on Northern Ireland. This paper analyses the key elements of the agreement, including its legal effect, dispute settlement provisions, and rules on UK and EU citizens' acquired rights.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"3 6 1","pages":"122-198"},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72517981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In view of a growing number of competition law investigations into the gathering and use of personal data by digital platforms, this article discusses the extent to which consumer sovereignty can be given greater weight in concentrated marketplaces where firms employ multi-sided business models and compete along quality dimensions such as privacy rather than price. The article explores the concept of direct consumer influence as a novel approach vis-a-vis switching or choosing differently in the public enforcement of competition law. Direct consumer influence constitutes a distinct avenue for embedding consumers’ choices into the market when consumers have few possibilities to act and holds the potential to shape digital markets in unanticipated ways. Using the example of the German Federal Cartel Office’s investigation into Facebook’s data-gathering practices, the article illustrates how direct consumer influence may clarify the relationship between data protection, consumer rights, and competition law.
{"title":"Direct Consumer Influence—The Missing Strategy to Integrate Data Privacy Preferences into the Market","authors":"Adrian Kuenzler","doi":"10.1093/YEL/YEAA002","DOIUrl":"https://doi.org/10.1093/YEL/YEAA002","url":null,"abstract":"In view of a growing number of competition law investigations into the gathering and use of personal data by digital platforms, this article discusses the extent to which consumer sovereignty can be given greater weight in concentrated marketplaces where firms employ multi-sided business models and compete along quality dimensions such as privacy rather than price. The article explores the concept of direct consumer influence as a novel approach vis-a-vis switching or choosing differently in the public enforcement of competition law. Direct consumer influence constitutes a distinct avenue for embedding consumers’ choices into the market when consumers have few possibilities to act and holds the potential to shape digital markets in unanticipated ways. Using the example of the German Federal Cartel Office’s investigation into Facebook’s data-gathering practices, the article illustrates how direct consumer influence may clarify the relationship between data protection, consumer rights, and competition law.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"45 1","pages":"423-458"},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77470816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The EU and its Member States both contribute to the informalization of international relations’ tools by concluding bilateral soft law instruments which prepare, implement, and especially replace international agreements. This contribution analyses the EU practice of applying international soft law and focuses on the institutional challenges deriving from external relations’ soft law instruments. It has the three-fold aim of explaining why the informalization or ‘softification’ of EU bilateral instruments has proliferated, categorizing them according to their function and purpose in international law and EU external relations law and finally assessing the legal implications in EU law resulting from their application. The paper will argue that while, in practice, differences between international treaty law and bilateral soft law disappear, more legal challenges arise in the EU system through bilateral soft law measures than international agreements. This is caused by the rules on EU external representation, dispersed among supranational and intergovernmental EU actors and characterized by their general wording. International soft law tools operate in a politically contested area with several actors and a variety of informal instruments. The flexibility and hybrid character of soft law form an advantage for the institutions at the expense of the rule of law, legal certainty, and legal review.
{"title":"Informalization of EU Bilateral Instruments: Categorization, Contestation, and Challenges","authors":"A. Ott","doi":"10.1093/yel/yeaa004","DOIUrl":"https://doi.org/10.1093/yel/yeaa004","url":null,"abstract":"\u0000 The EU and its Member States both contribute to the informalization of international relations’ tools by concluding bilateral soft law instruments which prepare, implement, and especially replace international agreements. This contribution analyses the EU practice of applying international soft law and focuses on the institutional challenges deriving from external relations’ soft law instruments. It has the three-fold aim of explaining why the informalization or ‘softification’ of EU bilateral instruments has proliferated, categorizing them according to their function and purpose in international law and EU external relations law and finally assessing the legal implications in EU law resulting from their application. The paper will argue that while, in practice, differences between international treaty law and bilateral soft law disappear, more legal challenges arise in the EU system through bilateral soft law measures than international agreements. This is caused by the rules on EU external representation, dispersed among supranational and intergovernmental EU actors and characterized by their general wording. International soft law tools operate in a politically contested area with several actors and a variety of informal instruments. The flexibility and hybrid character of soft law form an advantage for the institutions at the expense of the rule of law, legal certainty, and legal review.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"51 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72566186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In a time of structural challenges to the integrity, validity, and reliability of science, the new Regulation 2019/1381 aims to rethink the risk assessment phase for greater transparency and sustainability in the food chain. The novel set of provisions calls, inter alia, for Member States’ and civil society’s involvement in the management structure and scientific panels of the European Food Safety Authority (EFSA). Using the European process of ‘agencification’ as a theoretical background, this analysis addresses which problems the reformed legal framework aims to solve as regards EFSA’s governance and which new questions it simultaneously brings to the forefront.
{"title":"EFSA under Revision: Transparency and Sustainability in the Food Chain","authors":"Luca Leone","doi":"10.1093/yel/yeaa013","DOIUrl":"https://doi.org/10.1093/yel/yeaa013","url":null,"abstract":"In a time of structural challenges to the integrity, validity, and reliability of science, the new Regulation 2019/1381 aims to rethink the risk assessment phase for greater transparency and sustainability in the food chain. The novel set of provisions calls, inter alia, for Member States’ and civil society’s involvement in the management structure and scientific panels of the European Food Safety Authority (EFSA). Using the European process of ‘agencification’ as a theoretical background, this analysis addresses which problems the reformed legal framework aims to solve as regards EFSA’s governance and which new questions it simultaneously brings to the forefront.","PeriodicalId":41752,"journal":{"name":"Croatian Yearbook of European Law & Policy","volume":"3 1","pages":"536-568"},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78700840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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