Publications of Norman Neyrinck
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See detailLe droit européen de la concurrence face aux enjeux de la mondialisation
Neyrinck, Norman ULiege; Petit, Nicolas ULiege

Report (2019)

The present Report on "EU European competition law enforcement and the challenges of globalisation" adrresses a series of expert questions. It is part of a fact-finding mission of the European Affairs ... [more ▼]

The present Report on "EU European competition law enforcement and the challenges of globalisation" adrresses a series of expert questions. It is part of a fact-finding mission of the European Affairs Committee of the National Assembly of the French Republic. The objective of this fact-finding mission is to draw the consequences of the veto imposed on the merger between Siemens and Alstom in February 2019 and to assess whether European competition law is now ill-adapted to the new challenges posed by the globalization of the economy. The objective assigned to the information mission is to find possible ways of reforming this law in order to enable the emergence of European "industrial champions", while respecting the objective of consumer protection. [less ▲]

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See detailLes fonctions de la procédure en droit de la concurrence
Petit, Nicolas ULiege; Neyrinck, Norman ULiege

Conference (2015, March)

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See detailProcedural rights in antitrust proceedings
Muheme, Daniel ULiege; Neyrinck, Norman ULiege; Petit, Nicolas ULiege

E-print/Working paper (2014)

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See detailReport for Belgium 2012 LIDC Report for Belgium - SMEs and Competition Law: Should small and middle size undertakings be subject to other or specific competition rules
Neyrinck, Norman ULiege

in Neyrinck, Norman (Ed.) ntitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors (2014)

This article examines whether small and middle-sized businesses could or should be subject to specific competition rules under Belgian competition Law. These businesses account for 99% of the enterprises ... [more ▼]

This article examines whether small and middle-sized businesses could or should be subject to specific competition rules under Belgian competition Law. These businesses account for 99% of the enterprises in Europe. The paper considers both the public and private enforcement rules. [less ▲]

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See detailIndustrial Policy and Competition Enforcement: Is There, Could There and Should There Be a Nexus?
Petit, Nicolas ULiege; Neyrinck, Norman ULiege

Conference (2012)

This paper muses on whether there can be, there is, and there should exist a nexus between European Union (“EU”) competition law and industrial policy. A well-known, long lasting grievance in the history ... [more ▼]

This paper muses on whether there can be, there is, and there should exist a nexus between European Union (“EU”) competition law and industrial policy. A well-known, long lasting grievance in the history of EU competition law is indeed that the European Commission (“the Commission”) has allegedly enforced the competition rules dogmatically, and turned a blind eye on industrial policy considerations. Lately, this policy debate has revived. With the current economic debacle in the Western world, decades of free-market economic policies – including competition policies – inherited from the so-called “Washington consensus” are called into question. In contrast, thriving economic models like Brazil, China, or India where the State interferes with the market at the expense of free competition, are increasingly looked by the “old world” as a possible source of inspiration. Those new developments justify devoting another paper to the question whether industrial policy considerations could and should inform EU competition enforcement. To address it, we follow a four steps methodology. We first solve definitional issues by describing the various possible meanings of “industrial policy” (I). Second, we follow a legalistic approach to review whether such considerations can, as a matter of positive law, play a role (II). Third, we turn to empirical analysis, to examine if there has been some industrial policy influence in the Commission’s case-law (III). Fourth, we review consequentialist arguments to assess whether industrial policy considerations should play a stronger role in EU competition enforcement (IV). [less ▲]

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See detailCollective dominance: An overview of national case law
Petit, Nicolas ULiege; Neyrinck, Norman ULiege

in e-Competitions (2011), N°39129

This article aims at providing an overview of the national case law on collective dominance in Europe. We observe that overall, most domestic decisions have manifestly integrated the EU case law and ... [more ▼]

This article aims at providing an overview of the national case law on collective dominance in Europe. We observe that overall, most domestic decisions have manifestly integrated the EU case law and followed the shift from a structural approach towards a more behavioral approach. We higlight several protruding cases on the definition of the notion of abuse and the most creative remedies devised by national competition authorities so far. [less ▲]

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See detailDroit de la concurrence et instrumentalisation parisitaire
Petit, Nicolas ULiege; Neyrinck, Norman ULiege

in Roquilly, Christophe (Ed.) La contribution des juristes et du droit à la performance de l'entreprise (2011)

This paper explore whether, and to what extent, firms can instrumentalize the competition rules to free ride on others’ efforts. We come to the conclusion that attempts to free ride through Article 101 ... [more ▼]

This paper explore whether, and to what extent, firms can instrumentalize the competition rules to free ride on others’ efforts. We come to the conclusion that attempts to free ride through Article 101 TFEU allegations are likely to fail. In contrast, Article 102 TFEU offers a more promising legal avenue to wanna-be free riders. [less ▲]

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See detailIl faut criminaliser les cartels
Neyrinck, Norman ULiege

Article for general public (2010)

This article supports the view according to which cartels should be criminalized in EU. Despite their impressive amounts, administrative fines fail to deter collusion. In order to tackle "agency issues ... [more ▼]

This article supports the view according to which cartels should be criminalized in EU. Despite their impressive amounts, administrative fines fail to deter collusion. In order to tackle "agency issues", managers should be held responsible for their involvement in cartels. [less ▲]

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See detailTying Law in Microsoft I and II: The Secret Art of Magic?
Petit, Nicolas ULiege; Neyrinck, Norman ULiege

E-print/Working paper (2010)

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