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Publications

Reports, studies and handbooks

Published in the last three years

The contents of external reports do not necessarily reflect the position or opinion of the European Commission.

  • Study on the Passing-On of Overcharges
    (published October 2016)
    EU Directive 2014/104 on antitrust damages actions establishes that anyone who has suffered harm caused by an infringement of EU antitrust rules can claim full compensation. This includes claims by indirect purchasers (e.g. consumers who bought a product from a retailer who is a cartelist's direct customer) if the direct customer fully or partially "passed on" the cartel overcharge to them. Drawing on relevant economic theory and quantitative methods, as well as relevant legal practice and rules, the Study provides judges, legal practitioners and parties to antitrust damages actions with a practical framework for assessing and quantifying such passing-on effects. A French Executive summary is available.
  • Support study for impact assessment concerning the review of Merger Regulation regarding minority shareholdings
    (published October 2016)
    The purpose of the study is to provide DG Competition with additional information on the topic of acquisitions of non-controlling minority shareholdings from the point of view of both competition and corporate law and practice in different jurisdictions. In particular, the study provides factual information in order to form a well-informed and comprehensive view on the current practice in jurisdictions where acquisitions of non-controlling minority shareholdings are subject to merger review, as well as on the different levels of rights usually attached to non-controlling minority shareholdings in several countries.
  • Study on the financing models for public services in the EU and their impact on competition (published October 2016)
    In order to ensure that certain ‘public services’ are guaranteed and available for the public, Member States can impose specific obligations on public or private service providers. The objective of this study is to assess how public services are financed and when those arrangements may create competition problems. There is an Executive summary available.
  • Study on judges’ training needs in the field of European competition law (June 2016)
    This study maps the jurisdictions at national level for the application of European Union competition law. It analyses the needs and demand for training among judges and proposes specific training profiles. It highlights the important role of the specialisation of courts in concentrating cases, developing expertise and enabling training to be targeted efficiently. The study also evaluates DG Competition’s “Training of National Judges” programme, proposes performance indicators and makes concrete recommendations for ensuring that the programme meets the needs of judges dealing with EU competition law in the future. Executive summaries are available in EN, DE and FR.
  • Geographic Market Definition in European Commission Merger Control (February 2016)
    On the Commission’s request, Professors Bruce Lyons and Amelia Fletcher from the University of East Anglia have prepared an independent economic report on the topic of "Geographic Market Definition in European Commission Merger Control". Professors Lyons and Fletcher have evaluated the Commission approach to geographic market definition on the basis of a sample of recent merger cases where this topic played an important role in the assessment. This study also examines how the Commission incorporates constraints from outside the geographic market in its competitive assessment of mergers. This study also examines how the Commission incorporates constraints from outside the geographic market in its competitive assessment of mergers. The Commission's practice regarding market definition was already the focus of the Competition Policy Brief Market definition in a globalised world published in March 2015 and Commissioner Vestager's speech at the Studienvereinigung Kartellrecht on 12 March 2015.
  
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