EU Competition Law and Liberal Professions: an Uneasy Relationship?

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Martinus Nijhoff Publishers, Oct 12, 2012 - Law - 618 pages
In the EU, activities of the liberal professions (legal, medical, technical and accountancy professions) are subject to self- and state regulation. Traditionally their regulatory schemes have been legitimised on the basis of the societal role liberal professions assume, dismissing EU competition law as a means of addressing restrictions in professional services markets. Reflecting on the role of professional associations in rule making processes, this book assesses the authority and democratic legitimacy of professional rules with a comprehensive rereading of the principles governing EU competition law (including Article 102 and 106(2) TFEU). As a result, this book challenges the use of a diffuse public interest concept and the dichotomy maintained in past legal writing between competition and non-economic interests in professional regulation.
 

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Contents

INTRODUCTION REASON AND PASSION IN DISCUSSING PROFESSIONAL REGULATION ...
1
LEGAL ISSUES IN PERSPECTIVE
20
LIBERAL PROFESSIONS IN THE REMIT OF EU COMPETITION LAW TWO JURISDICTIONAL ELEMENTS ...
89
INTRODUCTION TO CHAPTERS FOUR AND FIVE
181
ARTICLE 1011 TFEU AND ITS FIELD OF APPLICATION WITH REGARD TO PROFESSIONAL SELFREGULATION ...
183
ARTICLE 102 TFEU AND SELFREGULATORY PROFESSIONS
318
CONCLUDING REMARKS TO CHAPTERS FOUR AND FIVE
391
STATE INVOLVEMENT IN PROFESSIONAL REGULATION MEETING LEGAL REVIEW
394
JUSTIFYING PROFESSIONAL REGULATION SOLUTIONS REFLECTING THE STRUCTURE AND BROAD LOGIC OF THE TREATIES ...
448
CONCLUSIONS
552
BIBLIOGRAPHY
571
INDEX
610
Copyright

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About the author (2012)

Ida E. Wendt, Ph.D. (2009) in European Law, Maastricht University, is a legal specialist for the Dutch Competition Authority and was Assistant Professor at Erasmus Law School (Erasmus Universtity Rotterdam).

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