Niamh Dunne, Miguel Sousa Ferro, Justin Lindeboom: DB Station case: between Competition & Regulation

Описание: 00:00 Introduction
01:20 Facts of DB Station case and the main perceived issues addressed by the case – Niamh Dunne (ND)
05:20 Outlining the main misreadings of the judgment and shaping the problem addressed by the case and the main remaining gaps – Miguel Sousa Ferro (MSF)
10:00 Can secondary EU legislation – and if yes under what circumstances – limit direct applicability of primary EU law (and further – if both norms belong to different areas of law) – Justin Lindeboom (JL)
13:15 Can the regulator in this case apply Art 102 TFEU in the first place? – and the answer will probably depend if provided by a competition lawyer or a general EU lawyer – Justin Lindeboom (JL)
15:20 The judgment seems while reaffirming the direct effect of Art 102 puts up some artificial limitation of its application (but is it that revolutionary?) – ND
16:30 The logic of AG Kokott Opinion in Towercast C-449/21 on applicability of lex superior derogat legi inferiori reasoning asking if the provisions of EUMR can be in conflict with Art 102 – ND (developing the point made earlier by MSF)
18:20 The applicability of Art 102 by regulators – ND
20:50 If all regulators apply Art 102... is it feasible? How will this work in practice? – MSF
24:35 Wouters C-309/99 and dealing with conflicting values – MSF
25:30 In some sense at least all provisions of secondary law are based in some higher order primary law rules/principles – JL
27:20 Law as seamless web – OA asking JL
28:25 Indeterminacy of law is inherent to law (particularly for such complex as EU law) – JL
29:40 Possibly there is a solution – JL
31:35 How likely these problems to be materialised in practice – ND
34:30 Why does it take so long? Are there some specific industrial/jurisdictional stakes/conflicts? – OA asking MSF
35:14 10 years is not something uncommon in fact – MSF
37:25 Cascade of problems related to awarding damages – MSF
39:45 Many of these problems may be sorted by the Directive itself – JL
40:45 On the reasonable length of time – ND
42:00 References to broader societal values – ND
43:05 (Substantive and appealing) concluding remarks JL, MSF, ND
46:45 Recommendations for students ND, MSF, JL

Three stellar EU competition law thinkers – Niamh Dunne (London School of Economics Law School), Justin Lindeboom (University of Groningen Law School) and Miguel Sousa Ferro (University of Lisbon Law School) discussing with Oles Andriychuk (Newcastle University Law School) a landmark CJEU Judgment - 27/10/2022 - DB Station & Service Case C-721/20 and its implication to the parallel enforcement of competition law and sectoral regulation.

The discussion was triggered by an Op-Ed published by Prof. Miguel Sousa Ferro at Law LIVE (https://eulawlive.com/op-ed-db-statio...) and a response to this Op-Ed published in the same venue by Prof. Justin Lindeboom (https://eulawlive.com/op-ed-a-seamles.... The discussion is introduced by Prof. Niamh Dunne.

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