On 24 May at 11.00 hrs ACELG PhD researcher Or Brook will defend her PhD thesis entitled 'Coding non-competition interests under Article 101 TFEU: a quantitative and qualitative study.'
|Date||24 May 2019|
The dissertation examines the role of non-competition interests in EU competition law. It is based on a novel empirical methodology, consisting of a systematic content analysis (“coding”) of all Article 101 TFEU public enforcement cases rendered by the Commission and EU Courts and five national competition authorities and courts (1958-2017). The study, which covers all of the approximately 3,100 cases, offers a comprehensive overview of the substantive, procedural, and institutional practices, and how they changed following the modernisation of EU Competition Law in 2004.
The dissertation offers three novel contributions: First, to the best of knowledge, it is the only comprehensive quantitative and qualitative mapping of Article 101 TFEU as applied in practice. Second, the dissertation sheds light on national enforcement practices, which, to date, have been mostly overlooked. It provides a unique perspective on practical enforcement challenges and the institutional design of national regulatory agencies in the era of decentralized enforcement. Third, the dissertation studies the balancing embedded in the priority setting choices. Supported by empirical evidence, it submits that the balancing is not only taking place when applying Article 101 TFEU, but also in the policy choice not to apply the Article to agreements in certain sectors or which generate non-competition benefits.
The defense will take place on 24 May 2019 at 11.00 hrs at the Aula of the University, Singel 411, Amsterdam