Should self-regulation that serves public interests be shielded from the cartel prohibition? Or should public interests have a place in the balancing exercise of Article 101(3) TFEU? Is it legally possible to admit anti-competitive mergers when they are still in the best interest of society? Competition Law and Public Interests covers these fundamental and topical questions, and examines the relation between competition law and public interests in general.
Based on a profound and structured analysis, this book proposes new frameworks for reconciling public interests and competition law. The two new frameworks introduce several new applications of EU (and Dutch) competition law on cartels and mergers. In addition, this book also includes descriptions of the current law – i.e. explanations of case law and authorities’ practices. All in all, readers are provided with well-reasoned guidance on how conflicts between competition law and public interests can be resolved.

Competition Law and Public Interests is relevant for lawyers and policy makers with an interest in the relation between competition law and public interests, such as practitioners and academics. For those who handle competition law matters in the banking sector, the book is especially suited, as it contains many references to and assessments of cases involving banks.

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Inhoudsopgave:

1 Introduction; 2 The Goals of Competition Law; 3 The Goals of Banking Regulation; 4 Economic v. Non-Economic Benefits – Article 101(3) TFEU – First Condition; 5 Beneficiaries, Suitability and Innovation – Article 101(3) TFEU – Second, Third & Fourth Condition; 6 Legitimate Objective Ancillarity; 7 Reconciliation Mechanisms for Merger Control; 8 Conclusions; Annex – Introduction to Competition Law; Case Law and Decisions