Mergers and article 81 EC Treaty
Christian Bulzomí
June 2, 2006
The pace at which things are changing in the enforcement of European competition law has led several academics and practitioners to question the expertise of national judges to deal with the specifics of competition law. The lack of particular preparation and awareness of the judiciary about the peculiarities of the field were underlined as main possible causes of mistaken decisions. Did these fears come true when a judge stopped the planned takeover by Gas Natural over Endesa through the adoption of interim measures on the basis of Article 81? In any case, the Spanish judge is not blameworthy: Even senior competition lawyers disagree on the case and hold divergent opinions.
In order to give non-competition lawyers an insight I will try to be a little bit more exhaustive in my analysis:
The juvenile games
Christian Bulzomí
May 25, 2006
After having witnessed its first government able to conclude a full five years mandate since the beginning of its republican history, Italy finds itself aged, impoverished and with few foreign admirers. Prodi has been able to set up a coalition government which shall be extremely difficult to keep cohesioned because of its number of parties and prima ballerina participating in a very young government. In reality the Italian ministers’ average is remarkable (57,5 years), however if one considers that the four politically most important senior members of the Italian State – the President of the Republic, the Prime Minister and the Presidents of the two Chambers – have on average 71,5 years, the members of Prodi’s government seem teenagers.
Good luck Professore…you will need plenty of it. Indeed, even though the nomination of the Maverick (Mr. Bertinotti) to President of the Italian Low Chamber has been an intelligent move, surprises coming from the allies will be quick to come.
I giochi della gioventù
Christian Bulzomí
25 maggio 2006
Dopo il primo quinquennato portato a termine da un governo nella storia della Repubblica, l’Italia si ritrova invecchiata, impoverita e con pochi ammiratori esteri. Prodi è riuscito a mettere assieme un governo di coalizione estremamente difficile da tenere in piedi per i troppi partiti e le troppe prime donne presenti in un governo giovanissimo. Certo, l’età media dei ministri è considerevole (57,5 anni), ma se si tiene conto che chi ricopre una delle quattro cariche politiche più importanti dello stato ha in media ben 71.5 anni, i membri del nuovo governo Prodi, sembrano degli adolescenti.
Buona Fortuna Professore…ne avrà bisogno… Infatti, anche se la nomina del Maverick (Bertinotti) a Presidente della Camera è stata una mossa astuta, le sorprese provenienti dagli alleati non si faranno attendere.
Let´s litigate
Christian Bulzomí
May 5, 2006
Private enforcement of competition law as a complement to public enforcement is growing in Europe and the Commission is looking for a feasible way to enhance its growth. The Ashurst report and the Green Book on damage claims testify the willingness of the Commission to take positive steps for the enhancement of private damage claims in this field of competition law, in order to permit competitors and consumers, who suffer loss from anticompetitive behaviours of undertakings, to find financial redress. The question has turned from “if” it could be done to “how” it should be done.