Amsterdam Centre for European Law and Governance

ACELG Seminar: Beyond Law versus Economics. Competition Policy as a Learning Platform

Dr. Yane Svetiev, European University Institute

08Nov2011 12:00 - 13:30

Conference

Dr. Yane Svetiev, European University Institute

This seminar is co-sponsored by the UvA Jean Monnet Chair in European and Transatlantic Governance, and by the EU FP7 Project on "Global Reordering: Evolution through European Networks" (GR:EEN).

Abstract


The paper discussed in this seminar forms part of a larger project that argues for the elaboration of EU competition policy as a learning platform. Traditional conceptions of competition policy are between one based on formal legal rules of prohibition and one based on economic analysis of effects. Both of these conceptions of competition policy become strained where the underlying environment is heterogeneous and dynamic. In such situations, we might be interested in an alternative conception of competition policy which blurs the ex post/ex ante distinction between rule formulation, interpretation and execution. Such a competition policy might have the feature of a learning platform, allowing actors to adjust the intervention as they learn more about the underlying environment, which is changing at least in part due to their own efforts. The paper examines the extent to which the new arrangements for implementing EU competition law may provide for such a learning platform. Specifically the focus is on two mechanisms: (i) remedial tools enabling the Commission to learn from market participants (such as Art. 9 commitments decisions) and (ii) the interactions among participants of the European Competition Network from each other’s implementation efforts as a source of bottom-up learning (with the project on private rights of action as a case study).

Speaker


Yane Svetiev currently is a Max Weber Fellow at the European University Institute in Florence. He is on leave from his position as an Assistant Professor of Brooklyn Law School. He obtained his doctoral degree at Columbia University where he defended his dissertation on ‘The Turn to Governance in Antitrust Law and Policy’. His research is focused on economic regulation, and in particular on the intersection of competition law, contracts and intellectual property.

Venue and registration


Time and date: Tuesday, 8 November 2011, 13.00 - 14.30
Venue: Oudemanhuispoort 4-6, 1012 CN Amsterdam, A0.09

For organizational reasons, please sign up for the meeting by sending an email to acelg@uva.nl. All registered participants will receive the paper a few days in advance of the meeting. Sandwiches will be provided.

  • Oudemanhuispoort

    Oudemanhuispoort 4-6 | 1012 CN Amsterdam
    +31 (0)20 525 3361

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