Brief synopsis of recently completed research
Daniel’s recently completed doctrinal research provides a systematic exposition of the rules governing competition in the EU and analyses the relationship between the rules and their applications. It explains areas of difficulties such as those in enforcing competition rules and predicts future developments of private actions in competition proceedings. The research is distinctive, in that it does not follow trends in the literature and indeed contains a high level of critique.
The research includes a literature review as contextual background but is centred on the purposes of Articles 101 and 102 TFEU. It analyses a broad range of legal concepts and principles including treaties, cases and competition policy. The guiding principle is that excessive or inadequate enforcement policies would be detrimental to competition. Using a teleological approach, the research evaluates the likelihood of success of private enforcement in delivering the Commission’s stated aims of creation and sustainment of a competitive EU economy.
Daniel’s enquiry covers two separate areas of research; firstly, law enforcement as a mechanism that ensures that the intended theoretical notions are translated into practical application. As enforcement is considered necessary to achieve the intended objective of the law, the research covers a wide spectrum of issues underpinning specific enforcement regimes. For instance, while in some areas of law a policy of zero tolerance is acceptable and indeed may benefit the society as a whole, excessive intervention in antitrust could be detrimental to competition. The research evaluates the proposition that it is not in the best interest of the society for all antitrust violations to be prosecuted, as it is difficult to precisely define pro-competitive and anticompetitive commercial practices.
Secondly, the research evaluates the impact of competition enforcement policy on the economy of the nation/s in which such policy is implemented. Competition policy engenders and interferes with distinctive patterns of thought, institutional relationships, distribution of power and social and economic structures. Strict and/or excessive enforcement strategies can indeed affect the structure of an industry and its ability to compete with other industries, both nationally and internationally.
Previous research project
Article 82 EC Treaty - analysis of anticompetitive abuses.
Having analysed the likelihood of success (or lack thereof) of private enforcement in competition proceedings, Daniel’s future area of research is to include the long-term effects of encouraging private action for breaches of competition rules, particularly concerning the impact of the new EU Antitrust Damages Directive adopted by the EU Parliament on the 26 November 2014.