Rethinking European Competition Law: From a Consumer Welfare to a Capability Approach

Claassen, Rutger; Gerbrandy, Anna

doi:10.18352/ulr.321

Cited by 37 publications

(15 citation statements)

References 4 publications

(4 reference statements)

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“…35 Under a narrow understanding of this concept, agreements that lead to price increases and output limitations (including quantity, quality or range) are prohibited, while other values fall beyond the scope of Article 101 TFEU. 36 In competition law, the notion of consumers is broader than that used in consumer law. As defined in Commission Article 101(3) TFEU Guidelines:…”

Section: What Welfare Is Protected Under Article 101 Tfeu?mentioning

confidence: 99%

Competition Law and the COVID-19 Pandemic – Towards More Room for Public Interest Objectives?

Kozak

2021

Utrecht Law Review

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The article aims at analysing activities of the European Commission and the national competition authorities of the Member States of the European Union in response to the Covid-19 outbreak. This analysis is carried out in the light of the objectives of EU competition law. The specific research question of this article is whether the competition law framework is sufficiently resilient to the current COVID-19 crisis and allows for the inclusion of public or non-economic interests, particularly with regard to the application of Article 101 of the Treaty of the Functioning of the European Union. With a view to answering this question, the temporary framework that has been adopted because of the pandemic will be assessed in the light of the framework for the application of Article 101 TFEU. Then the actions of competition authorities undertaken EU-wide will be analysed against the background of the current debate on the goals of EU competition law.

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Section: What Welfare Is Protected Under Article 101 Tfeu?mentioning

confidence: 99%

Competition Law and the COVID-19 Pandemic – Towards More Room for Public Interest Objectives?

Kozak

2021

Utrecht Law Review

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“…There have been proposals to introduce the 'capability approach' in competition law, with more emphasis on the role that companies play in achieving environmental objectives or reinforcing social cohesion in cities. 87 Fundamental rights and social welfare would then play a more significant role in how competition rules are applied. That is the strategy put forward in the Dutch government's coalition agreement, but because Dutch competition law is based on European competition law, the legal latitude is very limited.…”

Section: The Four Freedoms and Competition Rules: Coherence And Divermentioning

confidence: 99%

European Variations as a Key to Cooperation

Ballin

Ćerimović

Dijstelbloem

et al. 2020

Research for Policy

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use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made. The images or other third party material in this book are included in the book's Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the book's Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

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“…110 The preservation of patient choice is also identified as a factor that NHS Improvement will consider when reviewing whether collaborations between GP practices, or between GP practices and hospitals breach competition law, the public procurement rules or the 2013 Regulations. 111 (II) SECONDARY HEALTHCARE PROVISION: PATIENT 111 Monitor Choice and competition toolkit: Scenarios for GPs working together (1 June 2015). 112 DH (2009), above n 22, Case studies (a) and (b).…”

Section: Patient -Private Patient' Frameworkmentioning

confidence: 99%

Between ‘going private’ and ‘NHS privatisation’: patient choice, competition reforms and the relationship between the NHS and private healthcare in England

Guy

2019

Legal stud.

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Patient choice in the context of National Health Service (NHS) reforms in England can refer to the law and policy underpinning patient movement between the NHS and private healthcare sector (in existence since the introduction of the NHS in 1948), as well as recent competition reforms of the Health and Social Care Act 2012, the National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 and the 2014 Private Healthcare Market Investigation by the Competition and Markets Authority (CMA). This paper highlights the existence of two discrete, yet related frameworks: the ‘NHS patient – private patient’ framework based on Department of Health, NHS England and latterly Clinical Commissioning Group policy, and the ‘NHS patient choice’ framework, derived from New Labour choice and competition policies and subsequently enshrined by the 2012 Act reforms. The juxtaposition of these frameworks underscores the symbiotic relationship between the NHS and private healthcare, which raises questions about the fitness for purpose of current policy. It also helps explain why the competition reforms are difficult to implement, and suggests that the knitting together of patient choice and competition may unravel following the 2012 Act reforms and CMA private healthcare market development.

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Rethinking European Competition Law: From a Consumer Welfare to a Capability Approach

Cited by 37 publications

References 4 publications

Competition Law and the COVID-19 Pandemic – Towards More Room for Public Interest Objectives?

Competition Law and the COVID-19 Pandemic – Towards More Room for Public Interest Objectives?

European Variations as a Key to Cooperation

Between ‘going private’ and ‘NHS privatisation’: patient choice, competition reforms and the relationship between the NHS and private healthcare in England

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