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Cambridge Centre for European Legal Studies (CELS) Podcast

'EU Antitrust Law's Resilience: The Good, the Bad, and the Ugly': CELS Seminar

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Business, Education, Society & Culture

00 Ratings

🗓️ 20 November 2024

⏱️ 42 minutes

🧾️ Download transcript

Summary

Speaker: Dr Andriani Kalintiri, King’s College London Abstract: Is EU antitrust law resilient in the face of change? This question has acquired prominence amidst the many crises and disruptions of recent times, such as the COVID-19 pandemic, climate change and digitalisation. Attempts to answer it though have been rather narrow in scope and tend to employ the language of resilience casually. This article contributes to knowledge (a) by developing a conceptual framework for understanding and assessing legal resilience in administrative enforcement systems and (b) by applying it to Articles 101 and 102 TFEU with a view to investigating its ability to respond to change in a systematic manner. The analysis reveals that the current regime exhibits several design features that enable decisionmakers to make resilience choices as needed, and the resilience choices that have been made on various occasions are prima facie justifiable given the nature of the problem the European Commission and/or the EU Courts were faced with. However, certain aspects of the existing legal framework may weaken or limit EU antitrust law’s ability to deal with certain problems, in particular (very) complex ones, whereas some of the resilience choices that have been made have had implications for legal certainty, coherence and legitimacy that may not have been sufficiently appreciated so far. The article highlights the added value of a legal resilience perspective for effectively using EU antitrust law as a tool for tackling problems in an ever-changing world and demonstrates that, albeit not a panacea, such a perspective may reinforce the quality of enforcement and public’s trust in it. 3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners: https://www.3cl.law.cam.ac.uk/centre-activities For more information about CELS see: https://www.cels.law.cam.ac.uk/weekly-seminar-series

Transcript

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0:00.0

Good afternoon, everyone. It gives me a very great pleasure to introduce our speaker today.

0:11.0

This is Dr. Andrea Ney, who is currently a senior lecturer at King's College London, which, as you know,

0:19.0

is a world leading center in the study of competition law.

0:22.9

I'm particularly happy because Andrea Ney was an LLM student,

0:27.1

outstanding LLM student of this faculty,

0:31.2

and then went on to do a PhD

0:33.4

under the direction of Professor Thackist Streetramus.

0:36.6

And then she spent a period of a research fellowship at the London School of Economics

0:43.3

was a lecturer for a year at City University before taking up her position in King's College, London.

0:50.3

So following from the very interesting competition theme seminar that we had last week from

0:56.4

Professor Ackerman, we had another competition theme seminar, which is going to talk about the

1:02.9

resilience of antitrust. And without any more delay, I just leave the floor to Dr. Kalintiri.

1:10.1

Thank you so much. Thank you. So good afternoon,

1:14.3

everyone, and thank you so much to Albertina for the kind invitation and for the very

1:20.7

fine introduction. I'm very excited to be back in Cambridge. So as Albertina mentioned, I did my

1:27.4

master here in 2010.

1:29.8

I actually had seminars in this very same room. I took Iggy trade law and I remember it was in

1:34.7

this very same room. And some of my teachers are in this room, Albertina, okay, Catherine,

1:40.5

in the back. So I'm very grateful for the education I received here and the commitment

1:47.0

and the kindness of the teachers. So I'm very delighted to be back today to talk about a

1:54.0

recent paper of mine who discusses, we discusses a seemingly simple question. And that is whether EU

2:03.6

untrust law is resilient in the face of change. And this is a question that has received

...

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