This paper contains the conclusions from the work of the Economic Impact Group (EIG), a part of the CoPECL Network of Excellence funded by the EU to prepare a Draft Common Frame of Reference (DCFR). Part 1 revisits basic principles which are central to the work of the whole group. For one,...

In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under...

Procuring authorities frequently use screening in order to mitigate risky bids. This study estimates the effect of bid screening and litigation on entry and bidding using a unique data set on highway construction procurement auctions in Poland. The market exhibits a screening method that ex...

This paper compares the welfare effects of three ways in which health care can be organized: no competition (NC), competition for the market (CfM) and competition on the market (CoM) where the payer offers the optimal contract to providers in each case. We argue that each of these can be optimal...

Critics such as Fritz Scharpf maintain that in the EU negative integration (abolishing national rules) by definition wins out over positive integration (adopting new EU rules). This claim is examined here regarding public services – both utilities and welfare services. In EU law the (partly...

Market access is the most important liberalizing principle in the General Agreement on Trade in Services (GATS). It entails a general prohibition of quantitative restrictions, which however is conditional on commitments undertaken by Members in their respective Schedules of Commitments. Case-law...

EU competition law is traditionally understood in two-dimensions: judicial control and enforcement. This paper considers a third dimension: its normative concerns in the context of EU law. In mapping the future of these dimensions, the paper asks if the understanding behind the modernisation of...

Over the past three decades, Member States have created a variety of regulatory authorities, generally in response to the adoption of liberalization directives by the European Union. Because of the substantial power they enjoy and the importance of their tasks, it is widely recognized that it is...

Due to legislative and judicial developments, standard-setting has come to the forefront of public debates. Being for a long time considered as a 'no passing zone' for everyone but engineers and technical experts, standard-setting organizations (SSOs) have produced a rowing solid body of...

The energy system of the future is smart and sustainable, with IT applications making it possible to efficiently match supply of and demand for sustainable energy. It will turn consumers into active players, responding to financial incentives to either or not use energy at specific moments, or...