Lara G. v. United States Postal Service, EEOC Request No. All rights reserved. State Aid Law and Policy: Analysis and Assessment, Georgetown University Law Library. 20. Most evaluations will contain several of the following questions and feedback is welcome on each of these points: If you would like to contribute to future evaluations or if you have suggestions for further evaluations, please send us an email. This guidance applies whether you found the document in print or online. Brenton W. v. Dep't of Justice, EEOC Appeal No. No violation of Equal Pay Act where Agency established that the Agency-wide salary increases and the performance-based salary increase system were gender-neutral factors, were applied consistently, and explain any compensation disparity between Complainant and her male coworkers. For each economic category, the seminal Commission decision that became a reference point for that type of anticompetitive behaviour is described. Enter your library card number to sign in. How Effective is European Merger Control? Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more. 22, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020001154.pdf. 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. You can save your searches here and later view and run them again in "My saved searches". 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. Administrative Judge's remedial order requiring Agency to develop and adopt policies and procedures concerning the recruitment and selection of employees for non-competitive, temporary positions and to ensure equal opportunity and consideration in the selection process was appropriate. 0720180009 (Apr. For the United Kingdom, as of 1 January 2021, European Union law applies only to the territory of Northern Ireland (NI) to the extent foreseen in the Protocol on Ireland / NI. CHRISTMAS CAROL COMMISSION COMPETITION. on the Manage Your Content and Devices page of your Amazon account. 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. Commission decision 1999/687/EC [, European Commission Decisions on Competition, Amsterdam Center for Law and Economics, University of Amsterdam; Bonelli Erede Pappalardo Law Firm; Italian Institute for European Studies, University of Amsterdam and Amsterdam Center for Law and Economics (ACLE), ETH Zurich and Amsterdam Center for Law and Economics (ACLE), https://doi.org/10.1017/CBO9780511730078.002, Get access to the full version of this content by using one of the access options below. Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. Annalee D. v. General Services Administration, EEOC Request No. Colby S. v. Dep't of the Treasury, EEOC Appeal No. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. 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. This information, the final report of the Hearing Officer and the opinion of the Advisory Committee are published in the Official Journal. Summary judgment in favor of Agency inappropriate where AJ abused her discretion in denying Complainant's Motion to Compel and there were genuine issues of material fact concerning whether Agency had a policy or practice of not accommodating pregnant workers while accommodating other categories of workers. strategic ICT projects, EEG 2017 Reform of the Renewable Energy Law, Modification of UK Renewable Heat Incentive (RHI) Scheme, SME investment aid scheme for purchase of new Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. Jordon S. v. Dep't of Justice, EEOC Appeal No. Evaluation is a constructive, critical and evidence-based judgement of how well a measure (for instance legislation or soft law) adopted a few years ago has achieved its stated objectives, by looking at positive and negative aspects as well as intended and unintended impacts. development projects, Rgime d'aides de l'ADEME - plan d'valuation, Evaluation plan for the DOM investment scheme "Aide 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. Philippon, Thomas @free.kindle.com emails are free but can only be saved to your device when it is connected to wi-fi. Nevertheless, this article argues that such a method of market intervention represents a significant divergence from realizing the ideal of the formal rule of law in EU competition enforcement: normative certainty for businesses, facilitated by the equal application of generalized legal norms, which are subject to close oversight by courts. Latest. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. A most useful text for those studying the impact of the more economics-based approach to competition law. 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. Complainant did not establish a prima facie case of failure to accommodate her pregnancy-related condition because the preponderance of the evidence in the record established that the Agency provided Complainant with an appropriate space other than a restroom to use to express breastmilk; there was no evidence that Complainant followed up with her supervisor or anyone else to notify the Agency that the storage room was not an effective accommodation after it was cleaned, and the supervisor permitted Complainant to use vacant conference rooms or offices instead of the storage room. Postal Service, EEOC Appeal No. Agency violated the Rehabilitation Act when it placed Complainant's private medical documents in his Employee Work Folder, a non-medical work file. The Administrative Judge erred when, in the absence of an order, he sanctioned the Agency for its failure to complete the EEO investigation in a timely manner by issuing a default judgment in favor of Complainant. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 0120150213 (Feb. 16, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150213.txt. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. Thomasina B. v. Dep't of Justice, EEOC Appeal No. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. The Commission found that the Agency complied with the terms of a settlement agreement, including the provision of accepting a letter of resignation from Complainant. 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. 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. Published online by Cambridge University Press: Bart M. v. Dep't of the Interior, EEOC Appeal No. and Terisa B. v. Dep't of Defense, EEOC Appeal Nos. This section will provide some specific information on locating E.U. 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. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. Search for other works by this author on: The Author(s) 2019. 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. To save content items to your account, Francine M. v. U.S. To save content items to your account, Alvisi, Matteo "corePageComponentUseShareaholicInsteadOfAddThis": true, Find out more about saving content to Google Drive. This offers an aspirational legal form of considerable political and economic value. To save content items to your Kindle, first ensure coreplatform@cambridge.org 1. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. Friederiszick, Hans Wolfgang 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. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. Click the account icon in the top right to: Oxford Academic is home to a wide variety of products. 2019002318 (Apr. 2022 2025. 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2019005824%20DEC.pdf. Velva B. v. United States Postal Service, EEOC Appeal Nos. 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. Introduction. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. European Commission's block exemption regulations on research and development agreements and specialisation agreements, and proposed updates of 2022 Case C-588/15, LG Electronics Inc. and Koninklijke Philips Electronics NV, judgment of 14 September 2017 Case C-248/16, Austria Asphalt, judgment of 7 September 2017 Agency did not meet its burden to show that the disparity between Complainant's pay and that of two male general surgeons was based on a factor other than sex where Agency provided only vague statements to justify the pay differential and there was a lack of information reflecting how the salaries of Complainant and the comparators were set. "coreDisableEcommerce": false, Agency did not establish that its "sit and reach" requirement for a Wildlife Refuge Specialist position was job related and consistent with business necessity where no Agency witness was able to articulate how the ability to reach over one's toes while sitting down with legs outstretched was related to any of the functions of the position. Silas T. v. Dep't of the Air Force, EEOC Appeal No. EU legislation 5 confers a number of important investigative and decision-making powers on the Commission such as inspecting companies, prohibiting cartels or other anticompetitive conduct, or imposing pecuniary penalties on companies that violate EU competition rules. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. If your institution is not listed or you cannot sign in to your institutions website, please contact your librarian or administrator. To ensure that this prohibition is respected and exemptions are applied equally across the European Union, the European Commission is . Shibboleth / Open Athens technology is used to provide single sign-on between your institutions website and Oxford Academic. - Evaluation Plan, The impact of Restructuring State aid decisions on the viability of aided (non-financial) firms, Study on judges training needs in the field of European competition law, Ex-post evaluation of Regional Aid Guidelines, Evaluation of procedural and jurisdictional aspects of EU merger control, State aid regarding European banks 2007-2014: returning to viability, Ex-post analysis of two telecom merger cases, Code of Best Practice on the conduct of State aid control proceedings, Guidelines on financing airports and airlines, Research and Development and Innovation framework, Regional Growth Fund (RGF) - evaluation plan, Evaluation plan for the scheme "Investment incentives". It also includes a sample of landmark European merger cases. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. 2019005957 (Apr. See below. Pursuant to 29 C.F.R. In this post, I. EU Competition Law . Jazmine F. v. Dep't of Justice, EEOC Appeal No. This data will be updated every 24 hours. Substantial evidence supported Administrative Judge's determination that Complainant did not show that he personally was subjected to conduct sufficiently severe or pervasive to create a hostile work environment based on race where Complainant did not witness most of the racially insensitive incidents alleged, he learned of the conduct second or third hand, he did not work at the office when the offensive conduct occurred, and the offensive behavior was not directed toward him; agreeing with the AJ's finding that the office where the conduct occurred was rife with offensive and racially hostile behavior, and given that substantial evidence established that other African-American employees were subjected to race-based conduct, the decision ordered the Agency to conduct training, to consider disciplining several identified Agency employees, and to post a notice. The Agency, which first denied Complainant's request for an ergonomically correct chair and then provided her with a chair that did not fit her needs, denied Complainant a reasonable accommodation; the Agency should have worked with Complainant to conduct an individualized ergonomic assessment that would have determined her specific needs. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. 2020000109 (Oct. 26, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020000109.pdf. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. Elden R. v. Dep't of the Interior, EEOC Appeal No. If you believe you should have access to that content, please contact your librarian. Total loading time: 0 when significant market, technology or regulatory changes are foreseen. These guides may not be sold. 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 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. 0120123215 and 0120131079 (Mar. Gnster, Andrea Official websites use .gov This article aims to explain the Commission's decisions after formal investigations in the EU state aid regime. 0120180736 (Aug. 30. 0720150010 (Sept. 2, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150010.txt. 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. Hellwig, Michael Rick G. v. Dep't of Homeland Security, EEOC Appeal No. A guide to assist you in researching international and foreign antitrust issues, covering specialized electronic databases, secondary sources, and primary law sources. 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. 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. Complainant's request for default judgment granted where Agency did not issue its final decision until 210 days after Administrative Judge's order remanding the complaint to Agency for a final decision and Agency provided no explanation for its significant delay. Then enter the name part Alesia P. v. Dep't of Justice, EEOC Appeal No. Postal Service, EEOC Appeal No. Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. This is great material to get students thinking about how competition works, and is impeded, in practice. 0120172604 (Apr. (North American and European); performances at both Merkin Concert Hall in New York and Wigmore Hall in London; professional career development and coaching. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. Mac O. v. United States Postal Service, EEOC Appeal No. An Analysis of Cartel Appeals 19952004, Cases and Materials on EC Competition Law, Competition Policy: A Century of Economic and Legal Thinking, The US Antitrust System and Recent Trends in Antitrust Enforcement, The EC Merger Regulation: Substantive Issues, Industrial Economics: Economic Analysis, and Public Policy, A Statistical Study of Antitrust Enforcement, European Competition Law: A Practitioner's Guide, The Year 2005 at DG Competition: The Trend towards a More Effects-Based Approach, Abuse of Protected Position? The extended 'General Block Exemption Regulation' enables Member States to implement a wide range of State aid measures without prior Commission approval because they are unlikely to cause competition and trade problems. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. case name | (case number) | Commission Decision number | [year] | OJ L issue/first page, Footnote and bibliography: Hschelrath, Kai 2019005682 (Apr. Lois G. v. Dep't of Veterans Affairs, EEOC Appeal No.
} They are assigned responsibility for specific policy areas by the President. A European Commission decision comes after an opinion from one of the Agencys scientific committees. Following successful sign in, you will be returned to Oxford Academic. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180137.pdf. The AJ took account of several factors that limited Complainants non-pecuniary damages award, found that the Agency was not the sole cause of Complainants emotional and psychological harm, and limited the award of pecuniary damages to the amounts contained in "legitimate receipts.". Minority Shareholdings and Restriction of Markets' Competitiveness in the European Union, An Empirical Assessment of the Leniency Notice, The European Competition Rules; Landmark Cases of the European Courts and the Commission, Industrial Organization: Theory and Practice, Find out more about saving to your Kindle, 7 - Restrictions to competition by Member States, Annex I - Decisions related to procedural issues, Annex II - Table of landmark decisions described in the book, Annex III - Table of mergers blocked by the European Commission in chronological order, Annex IV - Table of landmark merger decisions described in the book in alphabetical order, Annex V - Table of antitrust decisions in alphabetical order, Book DOI: https://doi.org/10.1017/CBO9780511730078. As of October 2017, 34 schemes have been subject to the evaluation requirement (see table). Using commitment decisions to enforce EU competition policy via ad hoc, subject-specific decision making, conditional upon unforeseeable remedial obligations, is of systemic detriment to the legal comprehensibility of not just future Commission decision making, but the entire edifice of norms deduced from the Treaties by the EU Courts in this field. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. (The . 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. of your Kindle email address below. Published by Oxford University Press. 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. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. Then enter the name part Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. It helps the Commission to learn lessons from the past and improve its policies and interventions in the future. Find out more about saving content to . Agency, which provided no explanation for the more-than-one-year delay in its issuance of the final decision, was ordered to post a notice at its Complaint Adjudication Office regarding its failure to comply with the Commission's regulatory timeframes and orders and to provide training to its EEO personnel. When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. 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. You do not currently have access to this article. The Agency discriminated against Complainant based on sex when, shortly after she informed her supervisor of her pregnancy, he began to scrutinize her activities while she teleworked and to make cumbersome requests. Ross R. v. Dept of Homeland Security, EEOC Appeal No. An agency will qualify as a joint employer if it has the right to control the means and manner of the individual's work, regardless of whether the individual is paid by an outside organization or is on the federal payroll. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. Ashlee P. v. Social Security Administration, EEOC Appeal No. A transgender male complainant stated a cognizable claim of sex discrimination when he alleged that his Federal Employee Health Benefits insurance plan denied pre-authorization for nipple-areola reconstruction; the failure to use or exhaust the process for Agency review of an insurance carrier's decision does not preclude an employee from asserting a viable claim in the EEO process. Ramon L. v. Dep't of Justice, EEOC Appeal No. Pamula W. v. Dep't of Veterans Affairs, EEOC Appeal No. Register, Oxford University Press is a department of the University of Oxford. Reita M. v. Agency for International Development, EEOC Appeal No. Bertram K. v. Dep't of Justice, EEOC Appeal No. Velva B. v. United States Postal Service, EEOC Appeal No. Rochelle F. v. United States Postal Service, EEOC Appeal No. State aid. The evaluation reports will be available at the latest upon expiry of the schemes and results should be taken into account for future measures. Since 2000, the European Commission has adopted two infringement decisions and three decisions accepting commitments in unfair pricing cases: Commission decision of 25 July 2001 in Case No COMP/36.915 Deutsche Post AG, OJ L 331, 15.12.2001, p. 40-78; Commission decision of 20 April 2001 in Case No COMP/34.493 DSD, OJ L 166, 21.6.2001, p. 1-24; . 0120170498 (Apr. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt.
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