Extraterritoriality of EU economic law : the application of EU economic law outside the territory of the EU / Nuno Cunha Rodrigues, editor.

Format:

Book

Contributor:

Rodrigues, Nuno Cunha, editor.

Series:

European Union and its neighbours in a globalized world ; Volume 4.

European Union and Its Neighbours in a Globalized World ; Volume 4

Language:

English

Subjects (All):

Commercial law--European Union countries.

Commercial law.

Exterritoriality.

Physical Description:

1 online resource (378 pages)

Edition:

1st ed.

Place of Publication:

Cham, Switzerland : Springer, [2021]

Summary:

This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences.In today's globalized world, EU law and the ECJ's decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle.

Contents:

Intro

Contents

Introduction

Part I: EU Competition Law

Unilateral Application of Competition Laws to Transnational Business Transactions: The Development of the ``Effects´´ Doctrine...

1 Introduction

2 Public International Law Principles of Jurisdiction

3 Extraterritorial Application of Competition Law

3.1 The Development in the US

3.2 The Development in the EU

3.2.1 Phase 1: The ``Single Economic Entity´´ Concept

3.2.2 Phase 2: The ``Implementation´´ Test

3.2.3 Phase 3: Towards the ``Effects Doctrine´´

4 Towards Bilateral Co-Operation

5 Conclusion

References

Extraterritoriality in EU Competition Law

2 The What and Why

3 The Backdrop

4 EU´s Embracing of Extraterritoriality

4.1 Early Experiences

4.2 Dyestuffs and the First Beats of Jurisdictional Cha-Cha

4.3 Wood Pulp and the Court´s Inability to Avoid the Matter

4.4 Validating Offshore Mergers Review

4.5 Assertive Courts and the Leap Into Extraterritoriality Two Steps Removed

5 Frictions and Cooperative Approaches

5.1 Breaking the Merger Taboo

5.2 Pushing for Cooperative Solutions

5.2.1 Failed Hopes for the Binding Multilateral Route

5.2.2 Fostering (Some) Bilateral Ties

6 Conclusions

Extraterritoriality in Japanese Competition Law: Reaching Foreign Entities in the Face of Changing Global Norms

2 Article 6

2.1 Function of Article 6

2.2 Limitations and Criticisms of Article 6

3 Gradual Changes to Expand the Reach of the AMA

4 CRT Judgement

5 AMA´s Reach over Practices of Foreign Companies Taken Abroad

5.1 Need for Extraterritorial Application

5.2 Remaining Issues

6 Export and International Cartels Targeting Foreign Countries

7 Conclusions

References.

Extraterritorial Effects of EU Law on Gas Pipelines: The Case of Gazprom and Nord Stream 2

2 Gas Dependence on Russia, Energy Security and Grounds for Seeking the Extraterritorial Effects of EU Law

2.1 Gas Flow Into the EU Member States

2.2 Litigation and Clashes Beyond EU Jurisdiction

3 Extraterritoriality of EU Energy Law and the Previous Situation Under Gas Directive 2009/73

4 Extraterritoriality in EU Competition Law? The Gazprom DG Comp Case

4.1 EU Competition Law Strategy Vs Gazprom

4.2 The Gazprom CEE Investigation

4.3 Revisiting the Extraterritoriality Application or Effects of EU Competition Law Vs Gazprom

4.3.1 Extraterritorial Effects of EU Competition Law

4.3.2 Is there any Possible Extraterritorial Application of EU Competition Law Versus Gazprom?

4.4 Commitments

5 The Brussels Effect in Hard Law? the Case of Gas Directive 2019/692

5.1 Nord Stream 2 on Its Way

5.2 The 2017 Proposal

5.3 Limiting an Expansive Application of EU Energy Law?

5.4 Gas Directive 2019/692 German Implementation and Derogations Request

6 The Last Battle?

7 Conclusion

Extraterritoriality of EU Competition Law and the Changing Face of Global Cartel Enforcement

2 The Development of Global Cartel Enforcement: More Authorities, Parallel Investigations, Higher Fines

3 The EU´s Approach to Extraterritoriality and Parallel Cartel Enforcement

3.1 Extraterritoriality of EU Competition Law

3.2 The Impact of Extraterritoriality on Cartel Enforcement

3.3 The EU´s Approach to Parallel Enforcement of International Cartels

4 Achieving Better Coordination of International Cartel Enforcement

4.1 The Growing Importance of Jurisdictional Restraint

4.2 The Importance of Increased Coordination of Sanctioning.

4.3 Overcoming the Obstacles to Enhanced Coordination

The Three Body Problem: Extraterritoriality, Comity and Cooperation in Competition Law

2 Extraterritoriality

2.1 Subject-Matter and Enforcement Jurisdiction

2.2 Thresholds for Subject-Matter Jurisdiction

2.3 The Effects Doctrine and Competition Law

2.4 How Important Are Legal Constraints on Subject-Matter Jurisdiction?

3 Comity

3.1 Analytical Distinctions

3.2 Comity and the Limits of Subject-Matter Jurisdiction

3.3 Comity, Prioritisation and Enforcement

4 International Cooperation

4.1 Bilateral and Multilateral International Cooperation

4.2 Regional Arrangements

4.3 Alignment Through International Standards Organizations

4.4 Informal Cooperation

5 The Three Body Problem: Is This As Good As It Gets?

6 Conclusion

The Extraterritoriality of European Competition Law Under a Brazilian Perspective

2 Criteria for Extraterritorial Application of EU Competition Law and Brazil´s Proximity

3 European Soft Law and CADE´s Case Law

4 Extraterritorial Effects in Brazil

5 Concluding Remarks

Part II: Foreign Investment and Internal Market

EU, China, and Technical Standards in the Belt and Road Initiative (BRI): Extraterritoriality or Transnational Governance?

2 Standards, Legal Fields, and Soft Law in the BRI

3 Standard Setting in the EU and China

4 Railway Transport

Filling the Regulatory Gap to Address Foreign Subsidies: The EC´s Search for a Level Playing Field Within the Internal Market

2 Distortion of the Functioning of the Internal Market Caused by Extra-Territorial Effects

2.1 General Overview.

2.2 Current Gaps in EU Competition Law. The Case of the Merger Control Regime

2.3 EU State Aid Rules

3 The FDI Screening Regulation:

4 The White Paper on Levelling the Playing Field As Regards Foreign Subsidies and the Proposal of a New Regulation to Address ...

5 Conclusions

The Conclusion of Trade Agreements and the EU´s Duty to Respect Human Rights Abroad: Extraterritorial and Territorial Consider...

2 The Extraterritorial Applicability of the EU Charter of Fundamental Rights: The Irrelevance of Notions of Territoriality in ...

3 The Extraterritorial Applicability of the EU Charter of Fundamental Rights: Importing the ECtHR´s Model of Effective Control?

4 Territorialising the Obligation to Respect Human Rights Abroad: The Soering Model

5 Territorialising the Obligation to Respect Human Rights Abroad: A Due Diligence Obligation to Examine the Human Rights Situa...

Extraterritorial Effects of EU Financial Markets Laws

1 Extraterritoriality in Laws Regulating Financial Markets

2 Key EU Laws with Extraterritorial Effect

2.1 Acquisitions Directive (2007/44/EC)

2.2 Capital Requirements Directive IV (2013/36/EU) and Capital Requirements Regulation (575/2013)

2.3 Investment Firm Regulation (2019/2033) and Investment Firm Directive (2019/2034)

2.4 Alternative Investment Fund Managers Directive (2011/61/EU)

2.5 European Market Infrastructure Regulation (648/2018)

2.6 Markets in Financial Instruments Directive II (2014/65/EU)

2.7 Market Abuse Regulation (596/2014) and Market Abuse Directive (2014/57/EU)

2.8 Benchmark Regulation (2016/1011)

2.9 Emissions Trading Scheme Directive (2008/101/EC)

2.10 Short Selling Regulation (236/2012)

3 Concluding Remarks

Official Documents.

Extraterritoriality and EU Standards in Investment Law: The Reform of the Energy Charter Treaty

2 The Role of Investment Law in International Economic Law

2.1 Protective Function and Conciliatory Role of Investment Law

2.2 Shortcomings of the Traditional ISDS and Modern Developments

3 The Primary Law Framework of EU Investment Protection

3.1 The Question of Competences: Investment Treaties as Mixed Agreements

3.2 Constitutional Requirements of EU Law

3.2.1 The Principle of Autonomy of EU Law

3.2.2 Regulatory Autonomy of the EU and the Member States

3.2.3 Procedural Requirements for the Dispute Settlement System

4 The EU Negotiating Position for the Reform of the Energy Charter Treaty

4.1 The Problem of Intra-EU Disputes and the Principle of EU Law Autonomy

4.2 Regulatory Freedom and Investment Protection

4.3 The Multilateral Investment Court

Part III: EU Consumer Law

Adjusting National Consumer Protection Legislation in Georgia, Moldova and Ukraine to EU Standards: Practices, Experience and ...

2 Cooperation Between Georgia, Moldova, Ukraine and the EU in Consumer Protection Matters

3 General Approximation Clauses in the EU-Georgia, EU-Moldova and EU-Ukraine Association Agreements: A Comparative Overview

3.1 Approximation Practices in Georgia in Consumer Protection Matters

3.2 Approximation Practices in Moldova in Consumer Protection Matters

3.3 Approximation Practices in Ukraine in Consumer Protection Matters

4 Conclusions

Part IV: EU Environmental Law

Extraterritoriality and the Impact of EU Regulatory Authority: Environmental Protection as Soft Power

2 Jurisdiction

3 Extraterritorial Jurisdiction

3.1 Definition and the Risk of Oversimplification.

3.2 Unilateral Global Governance.

Notes:

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

3-030-82291-5

OCLC:

1281584916