EU competition law and liberal professions : : an uneasy relationship? / / by Ida E. Wendt.

• Author: Wendt, Ida E.
• Year of Publication: 2013
• Language: English
• Series: Nijhoff studies in EU law, v. 2; Nijhoff Studies in European Union Law 2.
• Physical Description: 1 online resource (641 p.)
• Notes: Title from PDF title page (viewed on Nov. 6, 2012).

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.

Table of Contents

Preliminary Material -- Introduction – Reason and Passion in Discussing Professional Regulation -- Legal Issues in Perspective -- Liberal Professions in the Remit of Eu Competition Law: Two Jurisdictional Elements -- Article 101(1) TFEU and its Field of Application With Regard to Professional Self-Regulation -- Article 102 TFEU and Self-Regulatory Professions -- State Involvement in Professional Regulation Meeting Legal Review -- Justifying Professional Regulation – Solutions Reflecting the Structure and Broad Logic of the Treaties -- Conclusions -- Bibliography -- Index.