*** FRANCOIS SOUTY: Le droit et la politique de la concurrence de l'Union européenne. Editions Montchrestien (31 rue Falguière, F-75741 Paris Cedex 15. Tel: (33-1) 56541600 - Fax: 56541649 - info@eja.fr - Internet: http://www.lgdj.fr ). "Clefs-Politique" series. 2003, 160 pp, 12 euros. ISBN 2-7076-1189-1.
In the preface, Karel Van Miert waxes lyrical in his praise for this book and its author. The former Competition Commissioner says the book provides an original, compact and synthesising contribution to the political vision of European competition law. At the same time it is a 'warm' book, which is quite something when one is writing about such dry legal and business matters, but the warmth comes from the talent of a European who is well-acquainted with the workings of the EU machine. High praise indeed from such an expert connoisseur (who could be more expert?) who has never been known for empty praise.
François Souty does indeed succeed in the challenge of making his subject matter attractive. By the nature of things, this subject is never usually of interest to anyone who is not an expert or company lawyer. The author, multilateral affairs policy officer at the Competition Council and associate professor at the University of La Rochelle in France, surpasses his expert knowledge in this book - he bas been a practitioner of competition law for various French national authorities for more than twenty years and his voice is valued in international arenas when it comes to competition policy, from the OECD to UNCTAD via the WTO - in order to help readers discover the underlying values. This revised third edition continues to see competition law attempting, more intensively than ever, to introduce a dimension that is virtually always ignored in explanations and discussions of European competition law, namely reflecting on its aims, both in terms of the law and in terms of business. He attempts to underscore, for example, the fluctuations that have been seen in meeting these aims rather than simply listing the outcome of the decisions and reports by the Commission and the rulings of the European courts. He is at pains to provide a vision closer to the German and British views of criteria for implementing competition law.
The first chapter gives a 'dynamic' view in terms of business of the objectives of the European institutions in their implementation of competition policy for almost the past fifty years, with9ut neglecting matters connected with the internationalisation of anti-competition practices. The second and third chapters give information about what have become the classic criteria for exercising control of restrictions on competition by businesses by horizontal and vertical cartels on the one hands, and abuse of dominant position on the other, which is closely linked with questions of deregulation and opening up public monopolies to competition, on the other. The fourth chapter - and this is in innovation in the history of the book - gives an overview of the application of competition law to public intervention on the market in the form of public aid. The fifth chapter aims to provide a synthesis of the main axes of the EU tools for controlling business concentrations. The final chapter gives a succinct outline of the implementation criteria (and hence the penalty mechanism) of EU competition law by the Commission, which has experienced huge technical innovations over the past five years. This book is as comprehensive as it is enlightening!
Michel Theys
*** TOM R. OTTERVANGER, SANDER J. VAN DER VOORDE: Competition law of the European Union and The Netherlands. An overview. Kluwer Law International (Distribution Centre, P. O. Box 322, 3300 AH Dordrecht. Tel: (31-78) 392392 - Fax: 546474). 2002, 293 pp, 110 euros, £70.50. ISBN 90-411-1896-9.
European Community is a source of inspiration for the daily activity of the Dutch competition authorities. This book examines how the Dutch and European approaches are combined. Written by two members of the Dutch bar association who are partners in the legal firm "Allen and Overy", the book looks at decisions taken by the Dutch competition authority since the Competition Act came into force in the Netherlands (in 1998). EU and national laws are applied in a parallel fashion at present. The authors argue that it would be useful, particularly for businesses, for the same law to apply in the future in close cooperation in the framework of an integrated market. (LD)
*** MARC LAFFINEUR: La réforme du contrôle communautaire des concentrations: un pas vers la bonne gouvernance économique en Europe ? Délégation pour l'Union européenne de l'Assemblée nationale (Kiosque de l'Assemblée nationale, 4 rue Aristide Briand, F-75007 Paris. Tel: (33-1) 40636121 - Internet: http://www.assemblee-nationale.fr ). "Les documents d'information de l'Assemblée nationale", No. 1158. 2003, 102 pp, 5 euros. ISBN 2-11-117026-7.
Since the annulment of the Schneider-Legrand and General Electric-Honeywell deals, the Commission's competition policy has been sharply criticised. This report by a French parliamentarian assesses the Commission's plan to amend the 1989 merger control regulation. He discusses the controversies surrounding the Commission's approach, which some criticise for adopting a very restricted definition of competition. After assessing the situation, Marc Laffineur calls for a balanced, dynamic system whereby merger control could become an instrument for good economic governance.
(FLa)
*** EVA-MARIA KINNER: Die gegenwärtige Kapitalkonzentration in Europa und die Zukunft der Wettbewerbsordnung. Peter Lang GmbH Europäischer Verlag der Wissenschaften (Moosstrasse 1, Postfach 350, CH-2542 Pieterlen, Switzerland, Tel: (41-32) 376 1717- Fax: 376 1727-E-mail: publicity@peterlang.com - Internet: http: //http://www.peterlang.de ). "Studien der Bremer Gesellschaft für Wirtschaftsforschung", Vol. 10, 2002, 301 pp. ISBN 3-631-39800-X.
The flood of big company mergers in the 1990s was widely reported in the media and has been the subject of much political debate in Europe. In a doctoral thesis for Bremen University, economist Eva-Maria Kinner analyses the impact of mergers in the European common market and the resulting concentrations. The centre of the thesis focuses on competition policy in Germany, followed by a discussion of merger controls at EU level and in certain EU Member States. The author explains how German and EU competition policy has made it possible to ensure the healthy functioning of the German market, but points out the problems caused by the absence of any real competition policy at global level.
(PB)
*** MATIN MENDELSOHN, STEPHEN ROSE: Guide to the EC Block Exemption for Vertical Agreements. Kluwer Law International. "International Competition Law" series. 2002, 290 p, 99 euros, £63. ISBN 90-411-9813-X.
Written by two legal specialists, this book takes a critical look at the various aspects of the EU regulation covering block exemptions for vertical agreements, which came into force on 1 June 2000. After explaining how EU competition law applies to vertical agreements, the authors make an in-depth analysis of the various measures of the regulation and then examine how it applies to the sectors concerned (exclusive or selective sales, franchises, etc). A specialist tome for the expert reader.
(LD)
*** ANTONIO TIZZANO (Ed.): Quaderni di studi europei. Giuffrè editore (40 via Busto Arsizio, I-20151 Milan. Tel: (39-2) 38089290 - Fax: 38009582 - Internet: http: //http://www.giuffre.it ). Scuola di specializzazione in diritto ed economia delle Comunità europee. Vol 2, 2002, 130 pp, 11euros. ISBN 88-14-10284-8.
Subtitled “Subsidies and State Aid”, this document is comprised of four articles about European business affairs. Written by students under the leadership of Antonio Tizzano and lecturers like Francesco Carduci and Pasquale Sandulli, the articles look at the social subsidies that states benefit from. Relations between the European Community and the World Trade Organisation, the sources of several of these subsides, are also considered.
The book discusses the difficulties experienced by the European Union in approving subsidy policies and adapting to the diverse range of legal systems. Problems which led to the first attempts to ensure international regulation of subsidies. These attempts have born fruit in several areas, as the authors set out in this volume, the latest in the “cahiers d'études européenne s” series. There is also an article on farm subsidy policy and aid systems for states. Such policies aim to ensure free competition, one of the basis ideas underpinning the European Union. (MRo)
*** GIORGIO RECCHIA, SABINO FORTUNATO, GIANVITO GIANELLI, VINCENZO VITO CHIONNA, UGO PATRONI GRIFF (Eds.): Nuove tendenze negli appalti pubblici in Italia, in Swizzera e nell'Unione Europea. Giuffrè editore (see above). 487 pp, 37 euros. ISBN 88-14-10058-6.
The public tender market, where public authorities call for bids for tender for the supply of goods and services or the building of public works has traditionally been a field reserved for companies of the country in question. It is characterised by projectionist behaviour by national authorities, which discriminate against companies from other countries. In recent years, however, there has been a liberalisation and a harmonisation of the market for public tender within Member States. Member States are starting to abandon their discriminatory practices against companies registered abroad as long as they are registered in another EU Member State.
The authors of this book wanted to consider recent trends for public tender in Italy, Switzerland and the EU. They look at efforts in national legalisation to integrate EU regulations. The book has an interesting appendix of laws and regulations governing public tender.
(MRo)
*** MARIA ROSARIA MAUGERI: Abuso di dipendenza economica e autonomia privata. Giuffrè editore (see above). 219 pp, 18 euros. ISBN 88-14-10372-0.
Maria Rosaria Maugeri, lecturer at the politics faculty of Catania University in Italy, considers in her book abuse of economic dependence in contract law. The Italian author quotes Article 9 of the 18 June 1998 law prohibiting such abuse and analyses the invalidity of various. Comparing the different legislation in different EU countries, she dedicates one chapter to the German experience, for example, and another to the French experience. In this way, Maria Rosaria Maugeri examines progress and limits to changes to law to eliminate abusive situations for companies. She takes particular note of the EU experience and queries current trends in the field of contract law.
(MRo)
*** THIERRY ARDOUIN: Ingénierie de formation pour l'entreprise. Analyser, concevoir, réaliser, évaluer. Editions Dunod (5 rue Laromiguière, F-75005 Paris. Internet: http: //http://www.dunod.com ). "Fonctions de l'entreprise" series. 2003, 248 pp, 29.59 euros. ISBN 2-10-006502-5.
Doctor of the science of education and senior lecturer at Rouen University in France, Thierry Ardouin, a specialist in adult training, has written a professional guide for trainers, consultants, training managers, human resource managers and also students of company management. He looks at the relatively novel concept of training engineering and human resources taking a systematic approach structured around axes of scientific thought in the managerial, political and strategic background of a company. Human resources used to be a paternalistic department based on trust and subject to subjective, human choices, or even political or family based selection, but from the angle taken in the book, human resources can be considered from the viewpoint of one of the components making up a contemporary company's overall strategy. "Analysis", "Design", "Achievement", "Assessment" are terms that appear in the book's subheading and are the four successive stages in establishing training engineering. Definitions of training in its history, deconstructing and reconstructing the idea of engineering before setting it in the context of training in a company, pitfalls to be avoided, stages to be implemented in the mental processes of training managers - all this is considered with the support of factsheets, special sections, standard documents that can be adapted to the various situations faced in a life of work. This is a practical guide which will no doubt be very useful to students to help them structure their thoughts and to new processionals hoping to extend their professional work.
(PBu)
*** BEATRICE HENRI-BIBAUD CLAIR, THIERRY MAROLI: Cadres, ne vous laissez plus faire ! Editions Dunod (see above). 2003, 138 pp, 18.21 euros. ISBN 2-10-007979-4.
Faced with globalisation, the constant restructuring of business is turning relations between staff and managers upside down. This book sets out a good negotiating method to help readers negotiate employment and severance conditions. The technique is illustrated through a real life case history, the story of Thierry, a senior manager, and Beatrice, a lawyer.
(NJo)
*** EUROPEAN COMMISSION (Official Publications Office of the European communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following documents:
*** Agenda Social. DG Employment and social affairs - Documentation Centre (B-1049 Brussels. Fax: (32-2) 2962393 - E-mail: empl-info@cec.eu.int). December 2003, 20 pp..
Social Agenda focuses on the fight against discrimination. It includes a study demonstrating that awareness among citizens about discrimination is insufficient and calls on the Union to launch an appeal to Member States so that they apply Community legislation in this area. Half of all Member States have infringed the deadline dates or failed to present their Community projects for dealing with the problem. The publication also proposed a number of other employment related subjects: "Flexibility, mobility, security". The new Eures portal can also diffuse your CV on-line anywhere in Europe.
*** The Courrier. The magazine for development cooperation in the ACP-EU. DG Développement (Internet: http: //europa.eu.int/comm/development/body/publicationd/publications_courier_fr.htm). November- décembre 2003, n° 201, 60 p..
This issue provides a detailed article on intellectual property. This subject has created a lot of friction between industrialised and developing countries, notably on the question of generic medicines, an area in which ACP countries often appear to be on the “wrong side”. However, better access for developing countries to intellectual copyright and protection could constitute an undeniable boost for their development. This issue focuses on the “rapport age section” in Malawi , one of the poorest counties in the world.
*** Liaisons sociales Europe. Groupe Liaisons (1 Avenue Edouard-Belin, F-92500 Rueil-Malmaison. Tel.: (33-8) 25800929 - fax: (33-1) 44722027 - Internet: http//http://www.liaisons-sociales.com ). January 2004, No. 95, 8 p., 32 euros. Subscription: 867,85 euros.
This edition tackles the issue of revision of the directive on working hours. After ten years since it was first applied, this measure limiting weekly working hours to 48 hours has demonstrated the limits and loopholes, particularly with the opt-out clause. “Social Liaisons” also focuses on a separate article on a case in the United Kingdom where the provisions in the directive son working hours have been watered down beyond recognition and where the opt-out is used abusively in all sectors of the economy. This issue also deals with subjects related to "the emergence of a health Europe".
*** La Lettre des Européens. Mouvement Européen en France (95 rue de Rennes, F-75006 Paris. Tel: (33-1) 45499393 - fax: 45499661 - E-mail: publications@mouvement.europeen.org - Internet: http: //http://www.mouvement-europeen.org ). November-December 2003, No. 48, 12 p., 8.38 euros. Subscription: 30 euros.
In this newsletter the French section of the European Movement takes a look at all the different associations and individuals who are seeking to attain a federally based Europe completely autonomous of governments and political parties. This bi-monthly publication includes contributions from Commissioners and other European actors. The president of the European Investment Bank, Philippe Maystadt, presents his vision of the European budget, while Philippe Busquin, Commissioner for research, examines the compatibility between the Union's ambitions of the Union in research and the means at its disposal. This issue also includes a supplement entitled "Supporting the Constitution".
*** Dokumente. Gesellschaft für übernationale Zusammenarbeit e.V. (86 Dottendorfer Straße, D-53129 Bonn. Tel. (Editors.): (49-2) 289239805 - fax (Editors.): 28690385 - Internet http://www.guez-dokumente.org - E-mail: guez.dokumente@gmx.net). December 2003, No. 6, 120 p., 3.90 euros. Subscription: 19.90 euros.
This issue focuses in large part on the question of education. Several contributions look at the debates and crises affecting the French education system. Other articles look at the issue of homogenisation of higher education in Europe within the framework of the Bologna process, with in particular the setting up of the baccalaureate and a standard format of matriculation. The review also provides an insight into the Genshagen symposium that focused on bilingualism in schools in France, as well as a paper on the subject. Education does not make up the entire publication, there area also the usual sections, one of which looks at the fall from grace of French and German managers in the media and telecommunications.