*** FLORIS O. W. VOGELAAR, JULES STUYCK, BART L. P. VAN REEKEN (Ed.): Competition Law in the EU, its Member States and Switzerland Kluwer Law International (P. O. Box 322, 3300 AH Dordrecht, The Netherlands) and W. E. J. Tjeenk Willink (P. O. box 23, 7400 GA Deventer, The Netherlands). "Law of Business and Finance" series, No. 2-1. 2000, 859 pp. ISBN 90-411-9822-9 and 90-271-5238-1.
This hefty tome, the first of a series of two, looks at the EU's competition rules and national competition law in France, Spain, Italy, the Netherlands, Belgium and Switzerland. The second volume will consider competition law in the other EU Member States. The authors' aim is for the book to serve as a tool both for practising lawyers and for specialist educational establishments across Europe. Given the disparities in national approaches to competition law (countries like the UK, France and Germany have developed a veritable legal arsenal, while other countries are still attempting to take a stronger line), the authors aimed - and succeeded - in producing an original study highlighting harmonisation attempts in this domain within the parallel context of decentralisation within states themselves, summarising the entire set-up in each of the countries looked at. EU law and how it is interpreted in the seven countries studied in this volume are considered from the following angles: a critical overview of current legislation and its scope both in terms of geographical area and what the law covers; competition authorities and their relative independence; the various categories of multilateral competition control agreements and other arrangements (vertical agreements, horizontal agreements and sector-wide regulations); the controversial issue of abuse of a dominant position; mergers and acquisitions; abusive and discriminatory agreements and sanctions established to try and limit excesses; legal protection; and the relationship between states and competition law whether domestic or EU. All of which makes this a reference work to be reckoned with. Pascal Burgeon
*** RICHARD BLASSELLE: Traité de droit européen de la concurrence. Editions Publisud (15 rue des Cinq-Diamants, F-75013 Paris. Tel: (33-1) 45807850 - Fax: 45899415 - E-mail: edipublisud@wanadoo.fr - Internet: http: //http://www.publisud.fr ). "Manuels 2000" series. 2002, 644 pp. ISBN 2-86600-926-6.
Although Member States have opted for a type of economy where competition plays a preponderant role, competition is clearly not an end in itself and should therefore be set in a framework of legal measures to enable it to support an economy which is itself subject to the common good. Every European country has its own view of competition, but one of the Commission's tasks is to complete and provide an umbrella for this view in the common interest. To this end, it has to display pragmatism and seek to strike a balance between fair competition and EU imperatives (which cannot be contradicted by national interests). In fact, competition has to be regulated not only to ensure it does not run counter to other common interests, but also to ensure it does not cancel itself out through unfettered competition where one company eliminates all its competitors. This book is written by a lecturer at Paris 13 University and is a very useful source of information and ideas for anyone dealing with laws governing the market economy or involved in development work for transition economies. In this first volume the author explains the aims of EU competition law, its domain and application criteria. He goes on to analyse its scope with regard to the behaviour of economic operators - price-fixing, abuse of a dominant position and mergers and acquisitions. (FRo)
*** STEFANO LOMBARDO: Regulatory Competition in Company Law in the European Community. Prerequisites and Limits. Peter Lang (15 Jupiterstr., CH-3000 Bern 15. Fax: (41-31) 9402131 - Internet: http://www.peterlang.de ). "European University Studies", "Economics and Management" series. 2002, 235 pp. ISBN 3-631-39778-X.
Since the European Community aims to create a single, integrated market where companies and individuals are free to change jurisdiction, the harmonisation of company law is a basic prerequisite for the single market. According to this very widely held view, based on a comparison with the US economy and law (the US having taken a federal system to avoid a degree of negligence), the European Community should also be harmonised. This study takes a critical look at the two main reasons put forward to justify the harmonisation of company law in the EU, concluding that they do not hold water. The author argues that for reasons of efficiency, there is no economic justification for such a harmonisation. Rather than trying to achieve harmonisation, Stefano Lombardo suggests regulating conflicts between rules of law in favour of the theory of incorporation decided by the European Court of Justice in the Centros case in March 1999. He believes companies should, in effect, be able to benefit from the freedom of establishment and free circulation between the different jurisdictions in the European Union. (MF)
*** MIGUEL DE LA MANO: For the Customer's Sake: The competitive effects of efficiencies in European merger control. European Commission (DG Enterprise. Fax: (32-2) 2966814 - E-mail: entr-mergers@cec.eu.int). "Enterprise Papers", No. 11. 2002, 77 pp.
This book starts from the postulate that modern merger control is a tool for boosting market legislation and economic well-being. Hence mega-mergers have to be controlled to avoid potential spillover effects due to their scale. Some mergers are beneficial, however. This study attempts to demonstrate the potential loss of efficiency in cases analysed by the Commission not taking into account a series of potentially beneficial factors for certain mergers. Three main elements stand in the way of a full analysis of such factors, namely problems with putting figures on the positive effects, the cultural factor that makes us more likely to take the negative impact of mergers into account than the positive, and the fact that companies considering merger can themselves be wary of appearing over-optimistic in case this is used against them. Starting from this postulate, the entire study then scientifically dissects areas of mergers that analyses from a different point of view based on a series of new parameters may cause to appear very different to political decision-makers. By way of conclusion, the author suggests that the Commission improve its communications with potential merger companies to better outline the arguments in favour of consumers, which have to date been rather neglected or, occasionally, deliberately left out on the sidelines. (PBu)
*** WYBE TH. DOUMA: European Environmental Case Law. T. M. C. Asser Press (P.O. Box 16163, 2500 BD The Hague. Tel: (31-70) 3420800 - Fax: 3420801 - E-mail: press@asser.nl - Internet: http://www.asserpress.nl ). 2002, 493 pp. ISBN 90-6704-152-1.
Following a brief description by the author of Treaty articles dealing with environmental protection, this book looks in detail at the one hundred or so most important environmental rulings by the European Court of Justice and Court of First Instance. A dry tome, given the nature of the subject, which will form an invaluable working tool for specialists. (LN)
*** LUDWIG KRÄMER: Casebook on EU Environmental Law. Hart Publishing (Salter's Boatyard, Folly Bridge, Abingdon Road, Oxford OX1 4LB. Tel: (44-1865) 245533 - Fax: 794882 - E-mail: mail@hartpub.co.uk - Internet: http: //http://www.hartpub.co.uk ). 2002, 440 pp, £35. ISBN 1-84113-172-5.
This book completes the one immediately above. The author is a lawyer working for DG Environment at the Commission, who comments on fifty environmental rulings by the European Court of Justice and Court of First Instance. For each ruling, the facts and procedures are described, followed by significant extracts from the rulings and a commentary setting the ruling in its legal, political and environmental context. The book is written in a style that makes it accessible to the lay person, but it goes without saying that law practitioners, researchers and students will gain the most from the work. (LD)
*** NICOLAS DUPONT-AIGNAN: La République tchèque: un des Etats les mieux préparés pour entrer dans l'Union européenne. Délégation pour l'Union européenne de l'Assemblée nationale (Kiosque de l'Assemblée nationale, 4 rue Aristide Briand, F-75007 Paris. Internet: http: //http://www.assemblee-nationale.fr ). "Les documents d'information de l'Assemblée nationale", No.779. 2003, 47 pp, 3.5 euros. ISBN: 2-11-116614-6.
The title of this report by the French National Assembly's Délégation pour l'Union européenne speaks volumes (“The Czech Republic - one of the countries best prepared for joining the European Union”). It is all systems go for the Czech Republic even though the country “does still face several major challenges”. French MP Nicolas Dupont-Aignan highlights six of them: making a success of decentralisation, the justice system in practice, combatting corruption, health and safety, protecting the environment and work required to remedy various weaknesses in the economy. It is time for enthusiasm, however, both in Prague and elsewhere. If the polls are to be believed, six out of ten Czechs intend to vote “Yes” to their country joining the EU in the June referendum. (AD)
*** JEAN-PIERRE ABELIN: L'élargissement en Europe centrale: l'exemple slovaque. Délégation pour l'Union européenne de l'Assemblée nationale (see above). "Les documents d'information de l'Assemblée nationale", No. 780. 2003, 42 pp, 3.50 euros. ISBN 2-11-116624-3.
Slovakians' constant enthusiasm about joining the EU stands out to such an extent that like the author of this report, one may wonder whether they are really aware of the austere road that lies ahead since although Slovakia has experienced faultless political stability and budget discipline since 1998, numerous regional disparities persist. And the market still sports a clearly uneven playing field. (AD)
*** THIERRY MARIANI: L'adhésion de la Slovénie: un atout géopolitique pour l'Europe. Délégation pour l'Union européenne de l'Assemblée nationale (see above). "Les documents d'information de l'Assemblée nationale", No. 783. 2003, 37 pp, 3.50 euros. ISBN 2-11-116381-3.
By surface area, Slovenia is the smallest of the central European candidate countries but, as the French MP who wrote this report points out, it does not need any lessons about a healthy economy and politics. Nearly 90% of Slovenians have already voted “Yes” to Europe and Slovenia sets an example in terms of incorporating EU law and in terms of standard of living. This report also highlights the major geostrategic advantages of the future anchoring of the EU in the Balkans in the process of stabilisation. On the other hand, it appears that the Iraqi issue generated profound unease in Slovenia. Slovenians understand that the fall-out among the “big countries” will lead to problems for the “small countries” in the future. In addition, they still regard a situation where they would have to choose between NATO and the EU as impossible to bear. AD)
*** CHRISTIAN PHILIP: République de Chypre: une adhésion méritée avant une réunification disputée. Délégation pour l'Union européenne de l'Assemblée nationale (see above). "Les documents d'information de l'Assemblée nationale", No. 781. 2003, 41 pp, 3.50 euros. ISBN 2-11-116945-5.
Unlike other countries, the problems raised by Cyprus' applying to join the EU are more political than economic. Cyprus' financial situation is excellent and its alignment with EU legislation is “broadly satisfactory”. For the EU, it is useful from three viewpoints. Firstly, the EU is moving towards the Middle East. It is striking a balance with its very pronounced enlargement to the East. Finally, Cyprus is relatively prosperous with regard to the average among accession countries. That said, the French MP who wrote this report writes that it is to be hoped that Cyprus in the EU will move in the direction of finding a good solution to the Cyprus issue. (AD)
*** JACQUES FLOCH: Malte dans l'Union européenne: franchir le cap de l'adhésion. Délégation pour l'Union européenne de l'Assemblée nationale (see above). "Les documents d'information de l'Assemblée nationale", No. 777. 2003, 41 pp, 3.50 euros. ISBN 2-11-116615-4.
Although 53.65% of Maltese citizens voted in favour of joining the EU, the debate was subject all the same to serious political dissent. That said, the country's application to join was “solid and well negotiated”. The main stumbling blocks arose from the country's insularity, appearing until recently as an off-shore haven. Given its geographical location, Malta's membership not only provides an opportunity for the EU in the relaunch of the Euro-Mediterranean dialogue, but is also valuable in terms of benefits to be gained from the size of its marine shipping fleet. (AD)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following documents:
*** Innovation & Transfert Technologique. DG Enterprise, Innovation Directorate (EUFO 2286, L-2920 Luxembourg. Fax: (352-4301) 32084 - E-mail: innovation@cec.eu.int - Internet: http: //http://www.cordis.lu/itt/itt-fr/home.htlm ). April 2003, 24 pp.
Available (as usual) in German, English, Spanish, Italian and French, this “special issue” is fully devoted to updating the EU's approach to innovation policy as proposed by the Commission in its Communication of 11 March 2003.
*** Le Courrier. DG Development (12 rue de Genève, B-1049 Brussels. Fax: (32-2) 2993002 - Internet: europa.eu.int/comm/development/body/publications/publications_sourier_fr.cfm). March-April 2003, No. 197, 78 pp.
This issue of the ACP-EU development cooperation magazine includes a very detailed dossier on food safety and a multi-angle report on Ethiopia. The signs of abatement observed at the last Joint Parliamentary Assembly and the ACP countries' priorities for 2003 are two aspects of current events considered in this issue.
*** Update. United Nations Office on Drugs and Crime (Vienna International Centre, P. O. Box 500, A-1400, Austria. Tel: (43-1) 260605575 - Fax: 260605931 - E-mail: crahmy@unodc.org - Internet: http://www.unodc.org ). March 2003, 16 pp.
This special issue looks at progress since the United Nations summit on drugs in 1998, noting that the international community has given itself greater resources to achieve its aim of better stemming the phenomenon.
*** Animal protection through legislation: Annual report 2002. Eurogroup for Animal Welfare (6 rue des Patriotes, B-1000 Brussels. Tel: (32-2) 7400820 - Fax: 7400829 - E-mail: info@eurogroupanimalwelfare.org - Internet: http://www.eurogroupanimalwelfare.org ). 2002, 16 pp.
Eurogroup for Animal Welfare's Annual Report for 2002 describes the association's activities, progress achieved in terms of farm animal welfare under the Common Agricultural Policy rules on the export and transport of livestock, cosmetics testing on animals and directives on zoos.
*** Gérer et comprendre. Editions Eska (12 rue du Quatre-Septembre, F-75002 Paris. Tel: (33-1) 42865573 - Fax: 42604535 - Internet: http://www.eska.fr ). "Annales des mines" series, No. 71. March 2003, 74 pp, 20.58 euros.
This issue focuses on considerations of power and rules, making analogies between medieval monasteries (whose organisation and rules permitted a degree of economic vitality by creating a different world from a world based on brute force) and modern-day companies. Bertrand Collomb explains why dialogue and communication are necessary in a world where companies are often subject to nothing but bankers' greed, while Daniel Fixari looks at new telecoms regulators and Denis Bayard explains how the arms industry has revitalised high quality statistical control within companies.
*** Responsabilité et environnement. Editions Eska (see above). "Annales des mines" series, No. 29. January 2003, 82 pp, 20.58 euros.
This issue looks at the debate in France on energy and climate change, focussing on how various industrial countries are preparing for energy transition, economic assessments of applying the Kyoto Protocol, nuclear power against the backdrop of climate change and the utility of a price incentive for cutting production of household waste.
*** Look Japan. Look Japan Ltd. (E-mail: editors@lookjapan.com - Internet: http://www.lookjapan.com ). May 2003, No. 566, 42 pp, 9 euros.
This publication aims to act as a showcase for modern-day Japan. This issue contains articles on the success of Japanese pop culture round the globe, on Pikachu and fashionable painters, the future of integrated circuits, less polluting diesel engines and Kabuki's art.