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Higher Education Institutions in the EU: Between Competition and Public Service


IntroductionExamining EU Law Constraints on HEIsHistorical and Theoretical BackgroundThe Original Non-economic Purpose of European HEIsThe Republican University in the United StatesGradual Commodification of European HEIsHEIs in the EU in the Context of European Integration TheoryConclusionReferencesThe Position of Higher Education Institutions in EU Policy and LawIntroductionLocating HEIs in European PolicySupranational EU Policy on Education and Research and DevelopmentEU Education PolicyDiploma RecognitionEU Research and Development PolicyInterim Conclusion on Supranational EU PolicyEU Soft Law: The Lisbon/Europe 2020 StrategyThe Bologna ProcessInterim Conclusion: The Location of HEIs in EU PolicySpill-over from Directly Applicable EU LawUnion CitizenshipUnion Citizenship and HEIsThe Infringement Procedures Against Austria and BelgiumInterim Conclusion on Union Citizenship and HEIsThe Free Movement ProvisionsThe Competition RulesPublic Procurement LawConclusionReferencesHigher Education Institutions and EU Competition LawIntroductionApplication of EU Competition Law on HEIs?— The Notions of ‘Undertaking’ and ‘SGEIs’The Notion of ‘Undertaking’Anti-competitive Regulation of Markets by Member StatesSGEIsTerminologyThe Development of SGEIsThe Application of Article 106(2) TFEUInterim Conclusion on SGEIsHEIsHigher EducationResearchInterim Conclusion on HEIsInterim ConclusionConsequences Resulting from the Application of EU Competition Law on HEIsMarket DefinitionArticle 101 TFEUPrice FixingMarket Foreclosure or DisturbanceMarket DivisionResearch Co-operationLimiting MarketsArticle 102 TFEUExploitative AbusesExclusionary AbusesMergersState Aid LawHidden AidPublic Funding of Higher Education and ResearchAid Through Knowledge TransferInterim ConclusionConclusionReferencesThe Structure of Research Funding in Germany, the Netherlands and England (UK)IntroductionEngland (UK)General OverviewPublic ResearchThe Governmental StructurePublic Research OrganisationsNon-public ResearchResearch in Public HEIsResearch as a Statutory Task of HEIsPublic Generic FundingPublic Competitive FundingNon-state FundingFull CostingInterim Conclusion on EnglandThe NetherlandsGeneral OverviewPublic ResearchThe Governmental StructurePublic Research OrganisationsNon-public ResearchResearch in Public HEIsResearch as a Statutory Task of HEIsPublic Research FundingPublic Generic FundingPublic Competitive FundingNon-state FundingFull CostingInterim Conclusion on the NetherlandsGermanyGeneral OverviewPublic ResearchThe Governmental StructurePublic Research OrganisationsNon-public ResearchResearch in Public HEIsResearch as a Statutory Task of HEIsPublic Research FundingPublic Generic FundingPublic Competitive FundingNon-state FundingInterim Conclusion on GermanyHEI Research in the Three Countries and EU Competition LawPotential Tensions with Competition LawExemptionsConclusionReferencesEmpirical StudyIntroductionMethodologyStrategic SamplingInterviewsInterview GuideAccess and Interview SituationEthicsData AnalysisInterim ConclusionEnglandAwareness of Competition LawEconomic ActivityFull CostingMarket ForeclosureRefusal to Enter into Contractual Relations and Preferred PartnersEconomically Unjustified or Discriminatory Contract ConditionsAnti-competitive Use of IPRsAnti-competitive Research Co-operationMarket DivisionLimiting MarketsCommissioning of ResearchState Aid Through Staff KnowledgeExemptionsSGEIsInterim ConclusionThe NetherlandsAwareness of Competition LawEconomic ActivityFull CostingMarket ForeclosureRefusal to Enter into Contractual Relations and Preferred PartnersEconomically Unjustified or Discriminatory Contract ConditionsAnti-competitive Use of IPRsAnti-competitive Research Co-operationMarket DivisionLimiting MarketsCommissioning of ResearchState Aid Through Staff KnowledgeExemptionsSGEIsInterim ConclusionGermanyAwareness of Competition LawEconomic ActivityFull CostingMarket ForeclosureRefusal to Enter into Contractual Relations and Preferred PartnersEconomically Unjustified or Discriminatory Contract ConditionsAnti-competitive Use of IPRsAnti-competitive Research Co-operationMarket DivisionLimiting MarketsCommissioning of ResearchState Aid Through Staff KnowledgeExemptionsSGEIsInterim ConclusionConclusionReferencesIntroductionEuropean HEIs and EU LawCompetition Law Constraints on Research in Germany, the Netherlands and EnglandConstraints Faced by the HEI SectorTentative Alignment of Research Policy and State Aid Law as a Way Forward?Towards an EU Level HEI Policy Beyond Economic IntegrationFinal ConclusionReferences
 
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