kati cseres - Academia.edu (original) (raw)
Papers by kati cseres
Social Science Research Network, Nov 11, 2021
Antitrust: Antitrust Law & Policy, 2008
This paper reviews current regulatory approaches designed to correct market failures and distribu... more This paper reviews current regulatory approaches designed to correct market failures and distribute the benefits of liberalization to consumers in recently liberalised network industries. Present evaluations of the liberalisation process show that opening up markets to more competition has not yet resulted in either expected levels of competitiveness or in envisaged consumer benefits. Many consumer related failures were little anticipated; legislation to protect and assist consumers was either late coming or inadequate and often lacked effective enforcement. The paper examines market failures primarily related to the demand side; such as information asymmetries, unfair trade practices, unfair standard contract terms, high search and switching costs, and imperfect decision-making processes. It, however, discusses these imperfections in the broader context of market failures related to incoherent regulation and ineffective competition law enforcement and shows how poor coordination be...
Disclaimer/Complaints regulations If you believe that digital publication of certain material inf... more Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible.
Regulation 1/2003 entered into force on 1 May 2004 introducing a fundamental change in the enforc... more Regulation 1/2003 entered into force on 1 May 2004 introducing a fundamental change in the enforcement of Articles 101 and 102 TFEU. 1 May 2004 also marked a fundamental change in the history of the EU: ten new Member States joined the European Union. The modernization of EC competition law enforcement has in fact taken place against the background of enlargement. Enlargement and the modernization of law enforcement had been closely connected to one and other not only in the field of competition law. This paper discusses the impact of Regulation 1/2003 in the ten new Member States situated in Central and Eastern Europe that joined the EU in 2004 and 2007. What makes these Central and Eastern European countries (CEECs) special is transition from command and control economy and totalitarian rule to market economy and to compliance with the rule of law. What makes implementation of EU rules in CEECs’ legislation special is the conditionality and the fact that Europeanization of these c...
IO: Empirical Studies of Firms & Markets eJournal, 2019
In order to facilitate NCAs in their application of EU competition rules, the EU legislator adopt... more In order to facilitate NCAs in their application of EU competition rules, the EU legislator adopted Directive 2019/1/EU. The Directive’s aim is to empower the competition authorities of the Member States to be more effective enforcers of competition law and to ensure the proper functioning of the internal market. The so-called ECN+ Directive introduces minimum harmonisation rules allowing competition authorities to have common investigative, decision-making (notably fining decisions) and enforcement powers. This paper will analyze the legal and policy developments that paved the way for the adoption of this Directive and critically assess these processes. Furthermore, it will examine the way the Hungarian legislator will likely implement the Directive in the current Hungarian legal and policy of competition law. The focus of the paper’s assessment is on the institutional aspects of the Directive and the enforcement of Articles 101 and 102 TFEU, in particular independence and account...
Postal services play a vital role in people’s life across the EU and affordable and reliable post... more Postal services play a vital role in people’s life across the EU and affordable and reliable postal services are essential to realize the EU’s Digital Single Market. The liberalization of the postal sector and the establishment of a single market for postal services in the EU has been pursued progressively by opening up national postal markets to competition. Protection of postal service users is strongly intertwined with the concept of universal service in postal services. This is partly due to the fact that universal service (US) is deep-rooted in EU law of postal services, more than in any other areas of EU law in regulated market. The relationship between US and consumer protection is a fundamental area of EU law concerning postal consumers. At the same time, this relationship is a fragmented area of EU law in general, and EU postal services law in specific. The relationship between consumer protection and universal service is, in fact, an under-researched area in EU law studies...
This article deals with the consumer welfare standard in competition law enforcement. It explores... more This article deals with the consumer welfare standard in competition law enforcement. It explores the inherent economic and legal 'geography' of this notion by looking beyond the borderlines of competition rules. While the consumer welfare standard has been widely discussed as a legal and economic notion of competition law, this article approaches this concept from a new angle by making use of its interpretation in consumer law. In competition law the primary role of the consumer welfare standard is to verify the goals of competition policy and to delineate the general legal framework of competition law enforcement by establishing the basis for the standard of proof. In consumer law consumer welfare stands for correcting market failures in order to improve the consumer's position in market transactions. Consumer welfare is concerned with efficient transactions and cost-savings but it is also directed at social aspects of the market such as the safety and health of consum...
SSRN Electronic Journal
Competition law has been a fundamental area of EU law ever since the establishment of the Treatie... more Competition law has been a fundamental area of EU law ever since the establishment of the Treaties of Rome in 1957. 1 EU competition law consists of specific substantive rules, such as the prohibition of anti-competitive agreements and abuse of a dominant position (Articles 101 and 102 Treaty on the Functioning of the European Union (TFEU)), as well as procedural rules laid down in Regulation 1/2003 and various soft law instruments. While the Commission had a central role in the enforcement of Articles 101 and 102 TFEU until 2004, this was fundamentally changed by Regulation 1/2003 in 2004, 2 which delegated enforcement powers to national competition authorities (NCAs) and national courts in order to relieve the Commission of its increasing administrative burden and make enforcement more effective. Article 3(1) of Regulation 1/2003 imposed an obligation on NCAs to apply Articles 101 and 102 TFEU in parallel with their national competition rules when 'effect on trade between Member States' can be established. Accordingly, EU competition law is today enforced by the EU Commission and 28 NCAs, in a multi-level governance system composed of EU and national procedural laws. The NCAs and Commission have concurrent jurisdictions and there are neither territorial limitations to their enforcement powers nor a prohibition of parallel proceedings between the Commission under EU law and the NCAs under national law. 3 In order to coordinate parallel proceedings between the Commission and the NCAs, Regulation 1/2003 established the European Competition Network (ECN) and laid down the rules of its core functionscase allocation and information sharingin the so-called Network Notice. 4 Hence Regulation 1/2003 created an enforcement system of parallel competences, in which a specific case can be dealt with either by a single NCA with or without the assistance of authorities from other 1 The Treaties establishing the EEC and Euratom in 1957 were signed by Belgium, France, Germany, Italy, Luxembourg and the Netherlands in Rome and are therefore also referred to as the Treaties of Rome.
The Many Concepts of Social Justice in European Private Law, 2011
Encyclopedia of Law and Economics, 2014
While harmonization and convergence of national substantive laws are well advanced in the Europea... more While harmonization and convergence of national substantive laws are well advanced in the European Union, a similar convergence and harmonization of the procedural rules and institutional frameworks has not taken place. The implementation, supervision, and enforcement of EU law are left to the Member States in accordance with the so-called national procedural and institutional autonomy. This "procedural competence" of the Member States means that the Member States have to provide remedies and procedures governing actions intended to ensure the enforcement of rights derived from EU law. Harmonized substantive rules are implemented through diverging procedures and different kinds of enforcement bodies, but this decentralized enforcement challenges the coherent and uniform application of EU law. In an enforcement system where Member States apply divergent procedures, may impose a variety of sanctions and remedies administered by various actors the effectiveness of EU law, effective judicial protection and effective law administration may be at risk. This chapter analyzes the development of EU law concerning law enforcement and takes a critical look at the EU’s aim to harmonize the national procedural rules when EU law is enforced. It will examine the question of which legal basis can be used in order to harmonize procedural rules, whether harmonizing procedural rules would be more efficient than the existing legal diversity and the economics of harmonization will be applied to assess the top-down harmonization by the EU and comparative law, and economics is applied to evaluate the bottom-up voluntary harmonization of the Member States.
European Journal of Risk Regulation
With the availability of cheaper technology and the rise of digitalisation, consumers can activel... more With the availability of cheaper technology and the rise of digitalisation, consumers can actively participate in markets and also offer their own services or self-/co-produce products and services. Active consumers are fundamental building-blocks of the European Union’s goal to achieve smart, sustainable and inclusive growth in Europe. In the energy sector active consumers play a key role in promoting competition, ensuring affordable energy prices and security of supply, as well as contributing to the EU’s environmental and climate goals. By engaging in more efficient energy use, consumers are crucial actors to manage the energy transition. However, the present legal framework does not fully facilitate this active role. The aim of this article is to answer the question how EU law conceptualises and supports the active role of consumers in the regulation of energy markets.
SSRN Electronic Journal, 2000
Social Science Research Network, Nov 11, 2021
Antitrust: Antitrust Law & Policy, 2008
This paper reviews current regulatory approaches designed to correct market failures and distribu... more This paper reviews current regulatory approaches designed to correct market failures and distribute the benefits of liberalization to consumers in recently liberalised network industries. Present evaluations of the liberalisation process show that opening up markets to more competition has not yet resulted in either expected levels of competitiveness or in envisaged consumer benefits. Many consumer related failures were little anticipated; legislation to protect and assist consumers was either late coming or inadequate and often lacked effective enforcement. The paper examines market failures primarily related to the demand side; such as information asymmetries, unfair trade practices, unfair standard contract terms, high search and switching costs, and imperfect decision-making processes. It, however, discusses these imperfections in the broader context of market failures related to incoherent regulation and ineffective competition law enforcement and shows how poor coordination be...
Disclaimer/Complaints regulations If you believe that digital publication of certain material inf... more Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible.
Regulation 1/2003 entered into force on 1 May 2004 introducing a fundamental change in the enforc... more Regulation 1/2003 entered into force on 1 May 2004 introducing a fundamental change in the enforcement of Articles 101 and 102 TFEU. 1 May 2004 also marked a fundamental change in the history of the EU: ten new Member States joined the European Union. The modernization of EC competition law enforcement has in fact taken place against the background of enlargement. Enlargement and the modernization of law enforcement had been closely connected to one and other not only in the field of competition law. This paper discusses the impact of Regulation 1/2003 in the ten new Member States situated in Central and Eastern Europe that joined the EU in 2004 and 2007. What makes these Central and Eastern European countries (CEECs) special is transition from command and control economy and totalitarian rule to market economy and to compliance with the rule of law. What makes implementation of EU rules in CEECs’ legislation special is the conditionality and the fact that Europeanization of these c...
IO: Empirical Studies of Firms & Markets eJournal, 2019
In order to facilitate NCAs in their application of EU competition rules, the EU legislator adopt... more In order to facilitate NCAs in their application of EU competition rules, the EU legislator adopted Directive 2019/1/EU. The Directive’s aim is to empower the competition authorities of the Member States to be more effective enforcers of competition law and to ensure the proper functioning of the internal market. The so-called ECN+ Directive introduces minimum harmonisation rules allowing competition authorities to have common investigative, decision-making (notably fining decisions) and enforcement powers. This paper will analyze the legal and policy developments that paved the way for the adoption of this Directive and critically assess these processes. Furthermore, it will examine the way the Hungarian legislator will likely implement the Directive in the current Hungarian legal and policy of competition law. The focus of the paper’s assessment is on the institutional aspects of the Directive and the enforcement of Articles 101 and 102 TFEU, in particular independence and account...
Postal services play a vital role in people’s life across the EU and affordable and reliable post... more Postal services play a vital role in people’s life across the EU and affordable and reliable postal services are essential to realize the EU’s Digital Single Market. The liberalization of the postal sector and the establishment of a single market for postal services in the EU has been pursued progressively by opening up national postal markets to competition. Protection of postal service users is strongly intertwined with the concept of universal service in postal services. This is partly due to the fact that universal service (US) is deep-rooted in EU law of postal services, more than in any other areas of EU law in regulated market. The relationship between US and consumer protection is a fundamental area of EU law concerning postal consumers. At the same time, this relationship is a fragmented area of EU law in general, and EU postal services law in specific. The relationship between consumer protection and universal service is, in fact, an under-researched area in EU law studies...
This article deals with the consumer welfare standard in competition law enforcement. It explores... more This article deals with the consumer welfare standard in competition law enforcement. It explores the inherent economic and legal 'geography' of this notion by looking beyond the borderlines of competition rules. While the consumer welfare standard has been widely discussed as a legal and economic notion of competition law, this article approaches this concept from a new angle by making use of its interpretation in consumer law. In competition law the primary role of the consumer welfare standard is to verify the goals of competition policy and to delineate the general legal framework of competition law enforcement by establishing the basis for the standard of proof. In consumer law consumer welfare stands for correcting market failures in order to improve the consumer's position in market transactions. Consumer welfare is concerned with efficient transactions and cost-savings but it is also directed at social aspects of the market such as the safety and health of consum...
SSRN Electronic Journal
Competition law has been a fundamental area of EU law ever since the establishment of the Treatie... more Competition law has been a fundamental area of EU law ever since the establishment of the Treaties of Rome in 1957. 1 EU competition law consists of specific substantive rules, such as the prohibition of anti-competitive agreements and abuse of a dominant position (Articles 101 and 102 Treaty on the Functioning of the European Union (TFEU)), as well as procedural rules laid down in Regulation 1/2003 and various soft law instruments. While the Commission had a central role in the enforcement of Articles 101 and 102 TFEU until 2004, this was fundamentally changed by Regulation 1/2003 in 2004, 2 which delegated enforcement powers to national competition authorities (NCAs) and national courts in order to relieve the Commission of its increasing administrative burden and make enforcement more effective. Article 3(1) of Regulation 1/2003 imposed an obligation on NCAs to apply Articles 101 and 102 TFEU in parallel with their national competition rules when 'effect on trade between Member States' can be established. Accordingly, EU competition law is today enforced by the EU Commission and 28 NCAs, in a multi-level governance system composed of EU and national procedural laws. The NCAs and Commission have concurrent jurisdictions and there are neither territorial limitations to their enforcement powers nor a prohibition of parallel proceedings between the Commission under EU law and the NCAs under national law. 3 In order to coordinate parallel proceedings between the Commission and the NCAs, Regulation 1/2003 established the European Competition Network (ECN) and laid down the rules of its core functionscase allocation and information sharingin the so-called Network Notice. 4 Hence Regulation 1/2003 created an enforcement system of parallel competences, in which a specific case can be dealt with either by a single NCA with or without the assistance of authorities from other 1 The Treaties establishing the EEC and Euratom in 1957 were signed by Belgium, France, Germany, Italy, Luxembourg and the Netherlands in Rome and are therefore also referred to as the Treaties of Rome.
The Many Concepts of Social Justice in European Private Law, 2011
Encyclopedia of Law and Economics, 2014
While harmonization and convergence of national substantive laws are well advanced in the Europea... more While harmonization and convergence of national substantive laws are well advanced in the European Union, a similar convergence and harmonization of the procedural rules and institutional frameworks has not taken place. The implementation, supervision, and enforcement of EU law are left to the Member States in accordance with the so-called national procedural and institutional autonomy. This "procedural competence" of the Member States means that the Member States have to provide remedies and procedures governing actions intended to ensure the enforcement of rights derived from EU law. Harmonized substantive rules are implemented through diverging procedures and different kinds of enforcement bodies, but this decentralized enforcement challenges the coherent and uniform application of EU law. In an enforcement system where Member States apply divergent procedures, may impose a variety of sanctions and remedies administered by various actors the effectiveness of EU law, effective judicial protection and effective law administration may be at risk. This chapter analyzes the development of EU law concerning law enforcement and takes a critical look at the EU’s aim to harmonize the national procedural rules when EU law is enforced. It will examine the question of which legal basis can be used in order to harmonize procedural rules, whether harmonizing procedural rules would be more efficient than the existing legal diversity and the economics of harmonization will be applied to assess the top-down harmonization by the EU and comparative law, and economics is applied to evaluate the bottom-up voluntary harmonization of the Member States.
European Journal of Risk Regulation
With the availability of cheaper technology and the rise of digitalisation, consumers can activel... more With the availability of cheaper technology and the rise of digitalisation, consumers can actively participate in markets and also offer their own services or self-/co-produce products and services. Active consumers are fundamental building-blocks of the European Union’s goal to achieve smart, sustainable and inclusive growth in Europe. In the energy sector active consumers play a key role in promoting competition, ensuring affordable energy prices and security of supply, as well as contributing to the EU’s environmental and climate goals. By engaging in more efficient energy use, consumers are crucial actors to manage the energy transition. However, the present legal framework does not fully facilitate this active role. The aim of this article is to answer the question how EU law conceptualises and supports the active role of consumers in the regulation of energy markets.
SSRN Electronic Journal, 2000
This paper analyzes the (pro)active role consumers could (and are encouraged by the respective po... more This paper analyzes the (pro)active role consumers could (and are encouraged by the respective policy to) assume in markets that emerged due to European market liberalization and technological changes. These changes expanded consumer markets and changed regulatory architectures accordingly. Consumers’ purchasing decisions became key to the well-functioning of markets: they are entrusted to regulate markets and contribute to the competitiveness and the legitimacy of market processes. In the EU, consumers are expected to contribute both to EU market integration and to European society.
However, this new regulatory role of the consumer is not matched with a corresponding legal framework. The policy discourse on consumers’ active participation in markets and even their accountability for regulating markets is not matched with the necessary legal (consumer) provisions to do so. The mismatch between legal rules and consumers’ new role in market regulation may lead to regulatory ineffectiveness and legal uncertainty. Moreover, while technological developments make this active consumer role possible, there is in fact also a gap between law and technological development, which can lead to the problem of ‘regulatory disconnection.’ These problems are especially present in the EU energy sector, where technical developments such as smart meters, solar panels, decentralized energy storage, etc., enable a proactive role of energy consumers. Consumers are often prosumers of energy i.e. consumers who produce their own energy.
This paper critically analyzes current EU law on the (energy) consumers’ new role in market regulation. It analyzes normative EU law concepts and definitions of the consumer and examines whether and how rules comply with the concept of the active regulatory consumer. The paper uses a case-study of the prosumer-driven local energy production initiatives and examines whether the energy consumers’ new role creates regulatory disconnection, especially if it is not matched by the progress in corresponding EU law provisions.