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Marco Botta, PhD
Publications

Books

BOTTA M., 'Merger Control Regimes in Emerging Economies. A Case Study on Brazil and Argentina'. Published in the International Competition Law Series published by Kluwer Law International, January 2011

 

Journal Articles

PROIETTO G., BOTTA M. (2015, forthcoming): The New EU Commission Approach vis a vis State Aids to Renewable Energy Sources. Striking a Fair Balance between Promotion of Green Energy and the Safeguard of Market Competition?” Forthcoming 2015 in Concorrenza e Mercato.

BOTTA, M., SVETLICINII, A. and BERNATT M. (2015): The assessment of the effect on trade by the national competition authorities of the new member states: another legal partition of the internal market? In: Common Market Law Review, Vol. 52 (1), pp. 1247-1276.

CIRIC, R. and BOTTA, M. (2015): Enforcement of State Aid Law in the area of general economic interest in EU candidate countries In: European State Aid Law Review, Vol. 14 (2), pp. 1-11.

BOTTA M., SCHWELLNUS G., Enforcing state aid rules in EU candidate countries: a qualitative comparative analysis of the direct and indirect effects of conditionality. Vol. 22 (3), Journal of European Public Policy (2015), pp. 335-352. Online first: 01. October 2014. DOI: 10.1080/13501763.2014.964289.

BOTTA M., HARSDORF N., FREWEIN K., Case C-681/11, Bundeswettbewerbsbehörde v. Schenker and others: Poena sine Culpa? Forthcoming in European Law Review in August 2014.

BOTTA M., Commission Acting as Plaintiff in Cases of Private Enforcement of EU Cometition Law: Otis. Vol. 50, Issue 4, Common Market Law Review (2013), Pages 1105-1118.

BOTTA M., Case C-17/10, Toshiba and Others v. Úřad pro ochranu hospodářské soutéže: "Testing" the Decentralization of Competition Law Enforcement. Vol. 38, Issue 1, European Law Review (2013), Pages 107-117.

BOTTA M., State Aid Control in South-East Europe, the Endless Transition Vol. 1, Issue 1, European State Aid Law Quarterly (2013), Pages 85-96.

BOTTA M., HARSDORF N., Opinion of AG Kokott in the Case Schenker: "Ignorance" as a New Defense in Competition Law Proceedings?", Issue 2, Österreichische Zeitschrift für Kartell- und Wettbewerbsrecht (Austrian Journal of Antitrust and Competition Law) (2013), Pages 73-78.

SVETLICINII A., BOTTA M., Article 102 TFEU as a Tool of Market Regulation, Vol. 8, Issue 3, European Competition Journal (2012), Pages 473-496.

BOTTA M., Does the EU Competition Model Satisfy the Needs of the Emerging Economies? Lessons from Countries without a ´Carrot´. In PODSTAWA K., PUCCIO L. (eds.), ´Framework for Economic Development in EU External Relations´. Collective working paper published by the Law Department of the European University Institute (2012). Pages 51-74.

BOTTA M., Decentralization of State Aid Enforcement in the Context of the EU Enlargement”, Vol. 8 Mediterranean Competition Bulletin 100-114 (2012).

BOTTA M., Merger Remedies Imposed by the Competition Authorities of the Emerging Economies. Vol. 34, Issue 2, World Competition, 321-338 (2011).

BOTTA M., The Definition of the Relevant Market and the Degree of Market Concentration in the Emerging Economies. Case Study on Brazil and Argentina. Vol. 33, Issue 4, World Competition 661-680 (2010).

KAROVA R., BOTTA M., Five Years of Enforcement of the Competition Law in the Republic of Macedonia, Time for an Assessment. Vol. 2, Mediterranean Competition Bulletin 56-72 (2010).

BOTTA M., El Poder Judicial y la Ley 25.156: Conflictos de Jurisdicción y Falta de Comprensión a una Década  de la Aprobación de la Ley. Vol. 27, Boletín Latinoamericano de Competencia, 12-26 (2010).

BOTTA M., VIOLA DE AZEVEDO CUNHA M., La Protezione dei Dati Personali nelle Relazioni tra UE e USA, Le Negoziazioni sul Trasferimento del PNR. Vol. 2, Rivista dell’Informazione e dell’Informatica 315-341 (2010).

BOTTA M., The Judiciary and the Enforcement of Competition Law in the Emerging Economies. Case Study on Brazil. Vol. 16, Issue 2, Revista do Instituto Brasileiro De Estudos De Concorrência (IBRAC) 5-29 (2009).

BOTTA M., Fostering Competition Culture in the Emerging Economies, the Brazilian Experience. Vol. 32, Issue 4, World Competition, 609-625 (2009).

BOTTA M., The Cooperation between the Competition Authorities of the Developing Countries: Why it does not Work? Case Study on Argentina and Brazil, Vol. 5, Issue 2, The Competition Law Review 153-178 (2009).

BOTTA M., Multi-Jurisdiction M&As in an Era of Globalization, the Case Telecom Italia-Telefónica. Vol. 1, Global Antitrust Review, 97-116 (2008).

 

Book Chapters

ROBERTSON V., BOTTA M. (forthcoming 2016), “Access to Justice as Abuse of Market Power? Injunctive Relief for Standard-Essential Patents under US Antitrust and EU Competition Law.” In Takahashi I, NIHOUL P. (eds.), Abuse of Regulation in Competition Law. Past, Present and Future. Forthcoming by Edward Elgar Publisher in 2016.

BOTTA M., SVETLICINII A. (2015), “The Right of Fair Trial in Competition Law Proceedings: Quo Vadis the Courts of the New EU Member States?.” In SKOCZNY T., NIHOUL P. (eds.), Procedural Fairness in Competition Proceedings. Cheltenham, Edward Elgar Publisher: 276-308.

BOTTA M. (2015), “Enforcement of State aid rules in the Energy Community: Going beyond Formal Compliance?” In BUSCHLE D., TALUS K. (eds.), The Energy Community. Antwerp/Oxford, Intersentia: 89-110.

SVETLICINII A., BOTTA M. (2015), “Enforcement of Competition Rules in Regulated Industries: Abuse of Dominance Practices in the New EU Member States, Candidate Countries and Potential Candidates.“ In DI PORTO F., DREXL J. (eds.), Competition Law as Regulation? Cheltenham, Edward Elgar Publisher: 276-305.

SVETLICINII A., BOTTA M., “Enforcement of Competition Rules in Regulated Industries: Abuse of Dominance Practices in the New EU Member States, Candidate Countries and Potential Candidates.“ In DI PORTO F., DREXL J. (eds.), Competition Law as Regulation?. Forthcoming in Edward Elgar Publisher in 2014.

BOTTA M., EU and Global Competition Networks. In FALKNER G., MÜLLER P. (eds.), “EU Policies in a Global Perspective: Shaping or taking international regimes?”. Routledge, pp. 76-92 (2013).

BOTTA M., The standard of judical review in EU competition law enforcement and its compativility with the right to a fair trial under the EU Charter of Fundamental Rights. In KERIKMÄE T. (ed.), “Protecting Human Rights in EU: Controversies and Challanges of the Charter of Fundamental Rights”. Springer, pp. 107-128 (2013).

BOTTA M., The Impact of Multi-Jurisdictional Concentrations on the New Competition Law Jurisdictions, Case Study on Brazil. In WHISH R., TOWLEY C. (eds.), “New Competition Jurisdictions: Shaping Policies and Building Institutions”.

 

CONFERENCE PAPERS

BOTTA M., Sanctioning excessive energy prices as abuse of dominance; Are the EU Commission and the National Competition Authorities on the same frequency?.
Paper presented at the 8th annual conference on Competition and Regulation in Network Industries (CRNI), hosted by the Delft Technical University (the Netherlands) on 19 November 2015.

BOTTA M., "Umbrella Pricing" in Private Enforcement of EU Competition and U.S. Antitrust Law: Another Transatlantic Divergence?.
Paper presented at the International Conference on Harmonization of Private Antitrust Enforcement: a Central and Eastern European perspective, hosted by the Centre for Antitrust Regulatory Studies, University of Warsaw, Suprasl (Poland) on 2-4 July 2015.

BOTTA M., Sanctioning excessive energy prices as abuse of dominance; Are the EU Commission and the National Competition Authorities on the same frequency?.
Paper presented at the 12th international conference on European Energy Markets (EEM), hosted by the Lisbon Polytechnic, Lisbon (Portugal)on 19-22 May 2015.

BOTTA M., The Impact of the Financial Crisis on State Aid Policy; EU Commission under Time Pressure.
Paper presented at the Biennial Conference of the European Union Studies Association (EUSA), hosted by at the European Union Studies Association (EUSA), Boston (USA) on 5-7 March 2015.

BOTTA M., SCHWELLNUS G., The Effectiveness of Conditionality in Enforcing EU State Aid Rules in EU Candidate Countries
Paper presented at the Biennial Conference of the European Union Studies Association (EUSA), hosted by the University of Baltimore (USA) on 9-11 May 2013.

SVETLICINII A., BOTTA M., Enforcement of Competition Rules in Regulated Industries: Abuse of Dominance Practices in the New EU Member States, Candidate Countries and Potential Candidates.
Paper presented at the 8th annual conference of the Academic Society for Competition Law (ASCOLA) on “Competition Law as Regulation”, hosted by at the University of Salento (Lecce, Italy) on 23-26 May 2013.

BOTTA M., SCHWELLNUS G., The Effectiveness of Conditionality in Enforcing EU State Aid Rules in EU Candidate Countries
Paper presented at the Biennial Conference of the European Union Studies Association (EUSA), hosted by the University of Baltimore (USA) on 9-11 May 2013.

BOTTA M., Deterrence in competition law enforcement: theory and practice
Presentation at the annual conference on “Prevention and Compliance in Competition Law” organized by the Bundewettbewerbsbehörde (BWB, Austrian Competition Authority) in Vienna on 19 April 2013.

SVETLICINII A., BOTTA M., Article 102 TFEU as a Tool of Market Regulation
Paper presented at the 14th Mediterranean Research Meeting organized by the Robert Schuman Centre for Advanced Studies (RSCAS); workshop on “Regulatory Implants and Local Legal Regimes in the Mediterranean Region”. Conference hosted by the University of Mersin (Turkey) on 20-23 March 2013.

 

Presentations at academic conferences/workshops

3-5 September 2012: University of Passau (Germany). Presentation at the annual conference of the University Association of Contemporary European Studies (UACES).

8 July 2012: UNCTAD, Geneva (Switzerland). Presentation at the 3rd meeting of the UNCTAD Research Partnership Platform on competition policy.

25-27 June 2012: University of Exeter (UK). Presentation at the bi-annual conference of the European Consortium of Political Science Research (ECPR) on “New Perspectives on Regulation, Governance and Learning”.

21-24 March 2012: “13th Mediterranean Research Meeting” (MRM) organized by Robert Schuman Centre for Advanced Studies, Montecatini Terme (Italy). Co-director of the workshop on “The EU Competition Law Model and the Mediterranean Countries: Lessons from South-East Europe and the EuropeMed Countries”.

1-2 December 2011: Bundewettbewerbsbehörde (BWB, Austrian Competition Authority), Vienna (Austria). Presentation at the round table on “Competition Law Enforcement in the Mediterranean Countries: Challenges and Future Perspectives”.

21-22 October 2011: University of Saint Gallen (Switzerland). Presentation at the 9th Euro-Latin Study Network on Integration and Trade (ELSNIT) on “Revising Regionalism”.

01-02 July 2011: King´s College, London (United Kingdom). Presentation at the annual conference of the Academic Society for Competition Law (ASCOLA) on "New Competition Jurisdictions: Shaping Policies and Building Institutions".

20 May 2011: Amsterdam University (the Netherlands). Presentation at the annual conference of the Amsterdam Centre for Law and Economics (ACLE) on "Competition Policy for Emerging Economies: When and How?"

09-10 May 2011: European University Institute, Law Department, Florence (Italy). Presentation at the “Competition Law and Economics European Network” (CLEEN) annual workshop.

15-16 April 2010: King’s College, London (United Kingdom). Presentation at “Fourth International Graduate Legal Research Conference” (IGLRC), panel on “Competition Law”.

22-23 January 2010: European University Institute, Law Department, Florence (Italy). Presentation at the workshop on the “Framework for Economic Development in the EU External Relations”.

14-15 May 2009: University of Tilburg Law and Economics Centre (the Netherlands). Presentation at the “Competition Law and Economics European Network” (CLEEN) annual workshop.

12 December 2008: International University College of Turin (Italy). Presentation at the "Comparative Law, Economics And Finance Annual Conference".

4 September 2008: City University Of London (United Kingdom). Presentation at the "12th Competition Law Scholars Forum" (CLASF).

12 June 2008: Law Department of the Presibeterian University Mackenzie, São Paulo (Brazil). Colloquium.

07 March 2008: Interdisciplinary Centre for Competition Law and Policy of the Queen Mary University, London (United Kingdom). Presentation at the "Annual Doctoral Workshop in Competition Law".

 

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