0120162314 (June 5, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt. Iliana S. v. U.S. The result is a book that both practitioners and academics interested in competition policy will want to have on their desks as a reference tool. Serita B. v. Dep't of the Army, EEOC Appeal No. Heidi B. v. United States Postal Service, EEOC Appeal No. Arnoldo P. v. United States Postal Service, EEOC Appeal No. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. ABSTRACT. Content may require purchase if you do not have access. Removing Complainant from the workplace by placing her on administrative leave did not insulate the Agency from liability for sexual harassment; reassigning the person targeted for harassment is not appropriate corrective action. 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. 0720180018 (Aug. 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180018.txt. Summary judgment in favor of Agency appropriate where there were no genuine issues of material fact or credibility that merited a hearing; record showed that Agency issued Complainant a Letter of Counseling because of allegations that he had used improper language of a vulgar or sexual nature and that Agency discharged him during his probationary period due to his repeated discourteous behavior; Complainant provided no evidence that raised a genuine issue of material fact that any of his protected bases played a role in the Agency's actions. Complainant raised his reasonable-accommodation claim in a timely manner; the duty to provide reasonable accommodation is ongoing and, at the time that he contacted the EEO Counselor, Complaint was alleging that the Agency remained unwilling to provide him with reasonable accommodation. is added to your Approved Personal Document E-mail List under your Personal Document Settings 2020005108 (Apr. Judgment of the General Court (Fourth Chamber, Extended Composition) of 26 January 2022.#Intel Corporation Inc. v European Commission.#Competition - Abuse of dominant position - Microprocessors market - Decision finding an infringement of Article 102 TFEU and of Article 54 of the EEA Agreement - Loyalty rebates - 'Naked' restrictions - Characterisation as abuse - As-efficient . 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. ', Massimo Motta - Dean of the Barcelona Graduate School of Economics, Review of the hardback:'This is an imaginative and well-chosen compilation of key decisions. Email your librarian or administrator to recommend adding this book to your organisation's collection. The Commission is composed of the College of Commissioners from 27 EU countries. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. Sharon S. v. Dep't of Defense, EEOC Appeal No. European Commission Decisions on Competition 0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. The legally binding decision issued by the European Commission at the end of a regulatory procedure, such as a marketing authorisation application or arbitration procedure. If you cannot sign in, please contact your librarian. If you are a member of an institution with an active account, you may be able to access content in one of the following ways: Typically, access is provided across an institutional network to a range of IP addresses. Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. When on the society site, please use the credentials provided by that society. Commitment decisions, the closure of competition cases with a package of remedial obligations in response to Commission concerns, have an undeniable administrative appeal. Joan S. v. Dep't of Homeland Security, EEOC Appeal No. 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. New SI confirms binding effect of "continued competence" Commission Irvin M. v. Dep't of Homeland Security, EEOC Appeal No. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Thomasina B. v. Dep't of Justice, EEOC Appeal No. Use of Interim Measures and Commitments in the European Commission's National court cases database (Articles 101 & 102 of the Treaty on the Functioning of the EU) Article 15 (2) of Regulation 1/2003 requires Member States to forward to the Commission a copy of any written national court judgment on the application of Article 101 or 102 TFEU. While some of these forms of cooperation may have positive welfare effects, they also have an inherent danger of leading to collusion. European Commission. Velva B. v. United States Postal Service, EEOC Appeal No. You can save your searches here and later view and run them again in "My saved searches". Do not use an Oxford Academic personal account. Full text views reflects the number of PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views for chapters in this book. Complainant awarded $75,000 in non-pecuniary compensatory damages where nearly two years of sexual harassment caused embarrassment and humiliation, triggered daily headaches and weekly migraines, and resulted in a diagnosis of anxiety. Search for other works by this author on: The Author(s) 2019. As well-known, there are two types of judicial review in competition cases: that based on Article 230 EC, which involves a "restricted review" based on defined grounds3; and that based on Article 229 EC, which gives the European Council by itself, or with the European Parliament, the power to adopt regulations giving the European Courts unlimite. 2019005824 (Dec. 7. Barbara S. v. U.S. Find out more about the Commission's policies, cases, legislation and publications on competition issues. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. An official website of the United States government. European Commission Decisions On Competition: Economic Perspectives On To save content items to your account, Therefore, the success of collusion depends among other things on quick detection of deviating behavior and effective punishment mechanisms. Postal Service, EEOC Appeal No. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. For each economic category, the seminal Commission decision that became a reference point for that type of anticompetitive behaviour is described. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. It proceeds from the idea that the Commission is confronted with an enforcement dilemma: it must weigh the benefits of promoting undistorted competition on the internal market against the potential costs of losing member state support. Colby S. v. Dep't of the Treasury, EEOC Appeal No. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. To maintain the overall balance of State aid control whilst ensuring that taxpayers know where and how their money is used, this simplification is combined with greater transparency, increased monitoring of compliance with the State aid rules and effective evaluation of the most significant aid schemes. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. Carbonara, Emanuela 0120170582 (Apr. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. Some societies use Oxford Academic personal accounts to provide access to their members. via evaluations produced by external experts, for instance: Economic impact of enforcement of competition policy on the functioning of EU energy markets. New York, NY 10022. To save content items to your account, 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. Find out more about saving to your Kindle. ', Damien Neven - Chief Competition Economist, DG Competition, European Commission, Review of the hardback:'The authors have done an enormous amount of work to collect and classify - according to economic principles - all the European Commissions antitrust decisions up until 2009. Introduction The task of ensuring that there is free competition in the European Union (EU) has been entrusted to the European Commission by the Member States. Eleni M. v. Dep't of Transportation, EEOC Appeal No. Do you want to know the latest developments of mergers in the European Union? EUROPEAN COMMISSION DECISIONS ON ANTI-COMPETITIVE BEHAVIOR 1. This guidance applies whether you found the document in print or online. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. The official website of the European Commission's Directorate-General for Competition, which is responsible for enforcing EU competition rules and promoting fair and efficient markets. Lara G. v. United States Postal Service, EEOC Request No. Top Story | ANC (26 June 2023) - Facebook Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. Complainant was not entitled to reinstatement as part of make-whole relief or consolidation of his constructive-discharge claim because the record contained substantial evidence that Complainant resigned his position due to fear of termination as a result of matters that were unrelated to the Agencys failure to provide a reasonable accommodation. For more information, see Commission's section on European Union centralised procedures. Judgment of the General Court (Seventh Chamber, Extended Composition), 12 June 2014.#(publication by extracts) Intel Corp. v European Commission.#Competition Abuse of dominant position Microprocessors market Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement Loyalty rebates 'Naked' restrictions Classification as abuse As . please confirm that you agree to abide by our usage policies. The Agency discriminated against Complainant based on his disability when it failed to provide him with a reasonable accommodation in a timely manner and when it delayed his promotion. Find out more about the Kindle Personal Document Service. Administrative Judge properly ordered Agency to stop issuing cease-and-desist letters to employees who have reported discrimination, absent clear, documented evidence of some conduct (other than reporting discrimination) that the Agency reasonably concludes would warrant discipline in the absence of the employee's protected activity; issuing Complainant a cease-and-desist letter gave the appearance that Complainant, who complained of ongoing racial and sexual harassment, was just as culpable as her harasser. Complainant was entitled to an award of $25,000.00 in nonpecuniary compensatory damages where he demonstrated that, because of the Agency's conduct, he endured emotional distress which affected not only him but his family relationships and that, due to his inability to gain employment, his depression worsened and he was unable to afford healthcare for treatment. Why is competition policy important for consumers? 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. Buck S. v. United States Postal Service, EEOC Appeal No. Agency's final decisions on disputed claims for individual relief were premature because an Administrative Judge retains jurisdiction and is responsible for resolving disputed claims for individual relief. This was long overdue and will prove to be an essential tool for teachers and practitioners. International and Foreign Competition Law Research Guide Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. Miguelina S. v. Dep't of Justice, EEOC Request No. Agency did not show that employment of Complainant in Deportation Officer position would pose a direct threat where Medical Review Board made a blanket determination that Complainants medication created a potential risk of injury while performing Deportation Officers duties, but the Board ignored his work history in a similarly strenuous law enforcement position and discounted the opinion of his cardiologist. For example, if a Member State wants to give a better tax treatment to its national champion at the expense of more efficient competitors abroad. Celine B. v. Dep't of the Navy, EEOC Appeal No. European Commission Decisions on Competition - July 2010. 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. Salvatore K. v. Dep't of Justice, EEOC Appeal No. Silas T. v. Dep't of the Air Force, EEOC Appeal No. Calvin D. v. Dep't of the Army, EEOC Petition No. 2016. Frances A. v. Dep't of Justice, EEOC Appeal No. Schinkel, Maarten Pieter https://libguides.bournemouth.ac.uk/referencing-uk-eu-law, Max Planck Encyclopedia of Public International Law, referencing; law; oscola; academic skills, If multiple parties, name only the first claimant and the first defendant, If an individual, don't include forenames or initials, Include terms indicating corporate status (, L series - official source for EU legislation. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. Although Complainant prevailed on only two of his thirteen claims, his hostile work environment claim was not fractionable from his successful claims because they arose out of a common core of facts which took place during his approximately nine months of employment. 0120160846 (Apr. These judgments must be sent " without delay after the full written . Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. European Medicines AgencyDomenico Scarlattilaan61083 HS AmsterdamThe Netherlands. hasContentIssue false, Economic Perspectives on Landmark Antitrust and Merger Cases, Restrictions to competition by Member States, Table of landmark decisions described in the book, Table of mergers blocked by the European Commission in chronological order, Table of landmark merger decisions described in the book in alphabetical order, Table of antitrust decisions in alphabetical order, Wood Pulp Commission decision 85/2002/EEC [, X/Open Group Commission decision 87/69/EEC [, Uniform Eurocheques Commission decision 85/77/EEC [, Irish Banks Standing Committee Commission decision 86/507/EEC [, Association Belge des Banques Commission decision 87/13/EEC [, Uniform Eurocheques Commission decision 89/95/EEC [, Dutch Banks Commission decision 89/512/EEC [, Banque Nationale de Paris/Dresdner Bank Commission decision 96/454/EC [, Nederlandse Vereniging van Banken, Nederlandse Postorderbond, etc. Google loses challenge against EU antitrust decision, other - Reuters Agency properly dismissed complaint as untimely filed where Agency notified Complainant of applicable filing deadline and proper address to file her complaint with the Agency but Complainant nonetheless sent the complaint to the EEOC's Office of Federal Operations. Complainant's ADEA claims reinstated where settlement agreement was not valid under the Older Workers Benefit Protection Act because it did not state that Complainant was waiving her claims under the ADEA, Complainant was not advised in writing to consult with an attorney before executing the agreement, and the record did not reflect that Complainant was given a reasonable amount of time within which to consider the settlement. In this regard, commitment decisions allow the Commission to achieve its policy goals with utmost effectiveness. Agency violated the Rehabilitation Act when, after Complainant's physician provided a medical report stating that Complainant's borderline Type II Diabetes Mellitus did not require medication and did not impair his ability to do his job as a Court Security Officer, Agency requested at least 11 additional types of medical information and examinations; a mere diagnosis of Diabetes Mellitus does not automatically mean that an agency has a job-related, business-necessity-based reason for subjecting CSOs to disability-related inquiries and medical examinations. It is key for cartel success to create trust among its participants. 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. A competition policy fit for new challenges, Important Projects of Common European Interest, The Foreign Subsidies Regulation in a nutshell, Information Communication Technologies (ICT), Privacy policy for Competition investigations, Follow the European Commission on social media. Agency cannot shift the blame for challenged actions onto an alleged responsible management official and then make no effort to explain why the official did not respond to EEO Investigator's request for an affidavit or to provide other explanations for the official's alleged actions; an agency's legitimate, nondiscriminatory reason(s) must be detailed and supported by the evidence. A most useful text for those studying the impact of the more economics-based approach to competition law. It goes beyond a description of what has happened and analyses why and how certain impacts occurred. Agency liable for harassment and constructive discharge based on sexual orientation where, although Agency removed the harasser from the work schedule at the restaurant where she and Complainant worked pending an investigation, it allowed her to return as a customer--where she continued to harass and threaten Complainant with bodily harm--and it then returned her to the work schedule; under these circumstances, it was reasonable for Complainant to feel so threatened that he resigned. Substantial evidence supported Administrative Judge's determination that Complainant, who held a GS-14 position, did not establish that her work was substantially equal to that of GS-15 male employees; Complainant did not have the same responsibilities as her comparators because she was not a supervisor, did not have budget authority, did not speak for the Agency the way higher-level employees did, and did not have the technical expertise of higher-level employees. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. European Commission Decisions on Competition Agency did not take prompt corrective action, and therefore did not meet its affirmative defense to harassment, when it took six months to engage in an internal investigation and issue a proposed 30-day suspension to the coworker who had sent Complainant a threatening email containing a racial slur. The Agency did not make a good-faith effort to accommodate Complainant's request not to work on Sundays where supervisor did not explore any type of accommodation and there was no indication whether it would be feasible to ask other employees to volunteer to work on Sundays. Tanya P. v. United States Postal Service, EEOC Appeal No. PDF European Commission Decisions on Anti-competitive Behavior - Iese Annalee D. v. General Services Administration, EEOC Request No. Velva B. v. United States Postal Service, EEOC Appeal Nos. E.U. Competition encourages companies to offer consumers goods and services on the most favourable terms. Letter of Caution's reference to an EEO settlement and Complainant's claim of discrimination constituted per se reprisal; references to Complainant's EEO activity in a disciplinary context could reasonably have a chilling effect on the use of the EEO complaint process. Chapter 9 The Structure of the European Commission as Enforcer - Brill Don't already have a personal account? Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Selected Noteworthy Federal Sector Appellate Decisions. This article is also available for rental through DeepDyve. Agency subjected Complainant to a retaliatory hostile work environment when, during a conversation in which Complainant asked her supervisor to investigate her allegations of race discrimination, the supervisor reminded Complainant that she was still in a probationary status, denied that the Agency was discriminating, told Complainant "to calm down on that," and stated that Complainant's co-workers might file complaints against her because they found her claims of race discrimination offensive. Rauber, Michael 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. Concert Artists Guild. If you believe you should have access to that content, please contact your librarian. Agency discriminated against Complainant on the basis of national origin when her supervisor prohibited her from interacting with a contractor on the ground that she had a language barrier with the contractor; Agency did not identify any specific communications that the contractor could not understand or any specific problems with Complainant's language skills, and there was no evidence that anyone could not understand Complainant. These guides may not be sold. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. If you see Sign in through society site in the sign in pane within a journal: If you do not have a society account or have forgotten your username or password, please contact your society. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. Where there was no basis to support the Administrative Judge's award of $9,122.50 more than the requested $122,150.00 in attorney's fees, the appellate decision adjusted the award to reflect the actual amount claimed in the fee petitions. MusicalAmerica - 2021 Guide to Top Competitions Published online by Cambridge University Press: Postal Service, EEOC Appeal No. case name | (case number) | Commission Decision number | [year] | OJ L issue/first page Footnote and bibliography: is added to your Approved Personal Document E-mail List under your Personal Document Settings When the Merit Systems Protection Board dismisses a case for lack of jurisdiction, the matter is no longer a mixed case and should be remanded to the agency for further processing as a non-mixed complaint. Decisions of the European Commission in relation to competition law and mergers should be treated as cases. College (2019-2024) The European Commission's political leadership. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. Broadband Guidelines, the Regional aid Guidelines, the Although Petitioner was entitled to back pay as a component of make-whole relief, she was not entitled to a sum greater than what she would have earned but for her constructive discharge; because her earnings while in active-duty military service between the time of her constructive discharge and her reinstatement exceeded her gross civilian back pay, Petitioner was not entitled to receive back pay. ) or https:// means youve safely connected to the .gov website. 2021001103 (Feb. 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2021001103.pdf. Reita M. v. Agency for International Development, EEOC Appeal No. The authors' review of the approach taken by the Commission in these cases allows the reader to appreciate the increased use of economic analysis by the Commission. 0720150010 (Sept. 2, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150010.txt. Risk Finance Guidelines, the Environmental and Energy Guidelines , the case name | (case number) | Commission Decision number | [year] | OJ L issue/first page, Footnote and bibliography: Wilfredo M. v. Dep't of Treasury, EEOC Appeal No. Agency's final order adopting Administrative Judge's decision vacated, and case remanded to Agency for reissuance of final order, where Complainant did not receive the AJ's decision and therefore was unable to argue with specificity about the AJ's findings and conclusions that the Agency implemented. 2019002953 (Jan. 27, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2019002953.pdf. In line with the general principles outlined in Article 1 of the Treaty on the Function of the European Union (TFEU), Commission Decisions are taken as openly as possible, and as much information as possible is made available to the public. 2019005957 (Apr. Postal Service, EEOC Appeal No. 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. To help the public identify those decisions, the Commission has decided to assign randomly generated first names and initials, along with a brief summary of the decisions, to the cases. The database covers cases handled by the Commission and the national competition authorities of the EU member states. Carree, Martin Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. please confirm that you agree to abide by our usage policies. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. 04 August 2010. This guidance applies whether you found the document in print or online. A European Commission decision comes after an opinion from one of the Agencys scientific committees. Bill A. v. Dep't of the Army, EEOC Appeal No. Agency was not joint employer of Complainant where it did not have sufficient control over Software Engineer in laboratories operated by staffing firm on Agency premises; deciding whether to pay for projects that Complainant proposed was not equivalent to assigning and managing his work. The State Aid Modernisation initiative aims at re-focusing the Commission's enforcement efforts on aid measures that are likely to have the biggest impact on the EU Single market, such as measures covering large and potentially distortive aid. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. 0120182505 (Nov. 7, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182505.pdf. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. Complainant not entitled to personal relief for discriminatory non-selection where substantial evidence of record supported Administrative Judge's conclusion that Agency canceled the selection process because of a violation of the collective bargaining agreement and would not have selected Complainant for the position absent the discrimination. 2021 2099. Therefore the Treaty generally prohibits State aid unless it is justified by reasons of general economic development. ', Review of the hardback:'A selective, yet comprehensive, review of EU case law through the lens of economic principles. Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. Complainant's request for default judgment granted where Agency began its investigation only after Complainant requested a hearing before an Administrative Judge and provided no explanation for its failure to investigate complaint in a timely manner; because the record did not establish a prima facie case of disparate treatment, a claim of harassment, or a prima facie case of compensation discrimination, Complainant was not entitled to individual relief. when significant market, technology or regulatory changes are foreseen. Lacy R. v. Dep't of the Air Force, EEOC Appeal No. Antony Z. v. Dep't of the Army, EEOC Request No. 2019005682 (Apr. This category includes hardcore cartel cases of price fixing and market sharing, but also more sophisticated anticompetitive horizontal agreements such as joint sales agencies, agreements on limiting marketing activities, capacity restrictions and other aspects of production, information sharing on prices and sales, service and distribution agreements, export cartels, and exclusionary practices toward entrants. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 10 This has been triggered by an increased need to justify the benefits of competition, by advances in IO thinking, and by the close scrutiny exercised by European Courts.
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