The Evolving Governance of EU Competition Law in a Time of Disruptions: A Constitutional Perspective

Foreword
Contents
List of Contributors
Abbreviations
Table of Cases
Table of Commission Decisions and Decisions of National Competition
Authorities
Table of Legislation
Introduction
	I. Competition Law in Turbulent Times: Governance Transformations and Constitutional Challenges
	II. Turbulence, Crises, and Competition Law
	III. Competition Law, Constitutional Limits, and Governance Dynamics
	IV. Introducing the Chapters of the Book
PART I: POWERS AND AIMS OF EU COMPETITION LAW
	1. EU Competition Law and Democracy in the Shadow of Rule of Law Backsliding
		I. Introduction
		II. The Constitutional Value of EU Competition Law
		III. Competition Law and Policy Gaining Ground in the EU and its Member States
		IV. Post-Modernisation Challenges: Effective Enforcement of EU Competition Law in a Decentralised System
		V. Under-Enforcement of Competition Law in Hungary
		VI. The Relevance of Competition Authorities: Defending Citizens\' Welfare
		VII. Conclusions
	2. Digital Technology Disruptions and Competition Law: A Stress Test for the Existing Governance and Enforcement Frameworks?
		I. Introduction
		II. Competition Law and the Digital Economy: Business as Usual?
		III. Three Challenges for EU Competition Law and Governance
		IV. Stress Test for the Commission\'s Governance and Enforcement Frameworks?
		V. Conclusions
	3. A Clash of Titans: EU Competition and State Aid Law and the Impact of the European Green Deal
		I. Introduction
		II. EU Competition and State Aid Law within the Reach of Environmental Considerations
		III. The Union\'s Turning Point: The EGD and \'Environmental Pressure\' within the EU Legal Order
		IV. Enabling Transformation Through Novel Instruments
		V. Conclusions
	4. From Crisis Cartels to COVID-19 State Aid and Cooperation: The Non-Exceptionality of Crisis Management by EU Competition Law
		I. Introduction
		II. Types of Crises
		III. State Aid
		IV. Anticompetitive Behaviour
		V. Conclusions
PART II: ACTORS AND DYNAMICS IN EU COMPETITION LAW
	5. Levelling the Playing Field: EU Regulatory Extension Through Technocratic Cooperation
		I. Introduction
		II. Modes for EU Regulatory Extension and the Role of Technocratic Institutions
		III. Level Playing Field and Equivalence
		IV. Independent and Effective Authorities as Counterparts for Enforcement
		V. Transparency Tools as Peer Review
		VI. Conclusion
	6. Shaping the EU\'s Competition Law and Policy: Space for Multiple Actors?
		I. Introduction
		II. The Commission and National Competition Authorities
		III. The Commission and the Member States
		IV. Conclusions
	7. The Role of Companies in the Strategic Turn of EU Competition Law
		I. Introduction
		II. The Role of Companies in the Definition of EU Competition Policy Through Administrative Rule-Making Procedures
		III. The Position of Investigated Companies in the Enforcement of EU Competition Law
		IV. The Role of Companies as Third Parties in the Enforcement of EU Competition Law
		V. Conclusion
	8. The Response of EU Courts to Society\'s Digital and Green Challenges in the Field of Competition and State Aid
		I. Introduction
		II. An Overview of the Evolving Enforcement Priorities
		III. Articles 101 and 102 TFEU and the Digital and Green Transitions
		IV. Article 107: State Aid to Incentivise Undertakings to Invest in Digital and Green Technologies
		V. Conclusions
PART III: INSTRUMENTS AND PROCEDURES IN A MULTILEVEL COMPETITION LAW LANDSCAPE
	9. Repurposing Administrative Procedures to Meet Novel Challenges in EU Competition Law
		I. Novel Challenges and Familiar Choices
		II. Allocation of Powers and Procedural Models
		III. In the Image of the Commission: NCAs and the ECN+ Directive
		IV. Foreign Subsidies, Strategic Autonomy and Centralised Power
		V. Procedural Stability in an Age of Great Change
	10. Soft Law in EU Competition and State Aid: An Imperfect Solution to Grand Regulatory Challenges
		I. Introduction
		II. The Evolution of EU Competition and State Aid Law: A Story of Hybridity
		III. Evaluation
		IV. Conclusion
	11. Unpacking Multilevel Elements in Digital Markets: Informing Effective Enforcement and Remedial Design in EU Competition Law
		I. Introduction
		II. Unpacking the Multilevel Elements
		III. Digital Markets: In Need of Remedial Flexibility
		IV. Conclusion
	12. Governing the Green Transition Through State Aid Control
		I. Introduction
		II. State Aid Control: An Evolving Framework within an Unchanged Constitutional Setup
		III. State Aid and the Green Deal: Horizontal Integration, Access to Justice and Compliance with the Decarbonisation Trajectory
		IV. The Evolution of State Aid Policy in the Green Transition
		V. Concluding Reflections
	13. Creative Compliance and the Politicisation of EU State Aid Implementation in Times of Crisis
		I. Introduction
		II. Conceptualising \'Creative Compliance\'
		III. Creative Compliance and the Evolution of European State Aid Policy
		IV. Creative Compliance in Practice: Three Mechanisms
		V. Concluding Remarks
Conclusions
	I. Introduction
	II. Powers and Aims
	III. Actors and Dynamics
	IV. Instruments and Procedures
	V. Moving Forward
Index