|
|
Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law
Principles of Competition Law in South Africa offers an accessible, applied and rigorous introduction to the general principles of competition law and policy in South Africa.
The text presents the fundamental principles of competition law within a clear and practical framework, and supports enquiring engagement with critical and reflective issues. Providing a comprehensive foundation of knowledge, the text introduces relevant, key concepts and perspectives of competition economic theory, inviting readers to deepen their understanding of the core subject matter in an accessible manner.
Principles of Competition Law in South Africa is suited as course material for students who are studying competition law as a module of the LLB degree programme, or at postgraduate level. It is also a useful resource for practitioners who may wish to engage with foundational and current principles of the field.
Features:
- The text integrates principles of law with competition economic policy, at a foundational level, to provide a sound and comprehensive understanding of the framework of competition law and policy.
- The text outlines the relationship between constitutional law and competition law principles.
- It provides valuable insight to the constitutional issues which may potentially arise, and highlights areas for possible legal development.
- The text addresses the new legal concept of private damages for anti-competitive conduct.
- The pedagogical framework of the text is designed to support critical and reflective thought, and applied problem-solving, presenting the material in a manner which offers optimal learning value.
The use of economic theory and economic evidence in competition
cases, their appropriate interpretation, meaning, impact,
usefulness and validity are among the most challenging issues that
judges and legal practitioners are facing in their daily
decision-making. Notorious questions of, for example, how courts,
practitioners and other decision-making bodies should employ
economic evidence and what weight (and credibility) should be
attached to such evidence where different experts offer different
suggestions are among the most complex ones. This book, while
addressing such questions, provides tools for judges, scholars and
legal practitioners to employ economic evidence in a more
effective, optimal and predictable way so as to overcome the
identified, EU-wide obstacles in enforcing current EU competition
law.This edited volume addresses the importance, implications,
practices, problems and the role of economic evidence in EU
competition law. It includes contributions on the use of the
economic approach in the application and enforcement of EU
competition law in different EU countries, candidate member states
and third countries. The book features scholars who are experts in
the field of competition law and economics as well as several of
the most prominent European judges who provide first-hand
information on the use of economic evidence in practice. The book
is not limited to a particular subfield of competition law, but
covers the area of competition law at large, including state aid.
This reflects the fact that also the European Commission has
gradually expanded the application of the economic approach to all
areas of competition law.
In the last couple of decades the national administrative law of
the Member States has been influenced by case law from the Court of
Justice of the European Union (CJEU). One of the main objectives of
this research is to examine this influence and more specifically
the influence of EU law on cooperation between public authorities.
The present work examines how and to what extent EU (public
procurement) law has an influence on the way a public authority
organises and discharges its public service tasks. The object of
this book is limited to cooperative agreements (public contracts
and service concessions) concluded between public authorities as a
means to organise or discharge public service tasks. Public
authorities and private enterprises should be made aware as far as
possible of the potential impact of EU law on certain types of
cooperative agreements. This knowledge will prevent situations
where the public authorities are post facto confronted with
lawsuits that might force them to withdraw completely from
cooperative associations that are already underway. It also enables
private enterprises to be aware that in this context they may
benefit from an open market. The book gives lawyers and
practitioners in the field the most actual theoretical and
practical background on the subject.
Goyder's EC Competition Law is firmly established as a classic text
on this area of law. The emergence of competition law has been one
of the most important features of the EC and has had a significant
impact on many aspects of UK business and economic life. This book
provides a full account of its development since the inception of
the EC in 1957.
Competition law is a complex and often highly technical subject
which the authors have unlocked by exploring its historical origins
and early developments before illustrating the main areas of
substantive law. Covering all of the major areas studied on
undergraduate and postgraduate courses, the book contains not only
a full account of the substantive law and its social, political and
economic context, but also a penetrating assessment of its
practical effectiveness and likely future development.
Topics covered in this new, revised, fifth edition, include:
- the Modernization of the Enforcement of the EC Competition rules
- the new Block Exemption Regulations on Motor Vehicle and
Distribution, and Technology Transfer Agreements
- the Commission review of Article 82 EC
- the new Merger Regulation
- recent developments in international aspects of EC competition
law
In Antitrust Law and Intellectual Property Rights: Cases and
Materials, Christopher R. Leslie describes how patents, copyrights,
and trademarks confer exclusionary rights on their owners, and how
firms sometimes exercise this exclusionary power in ways that
exceed the legitimate bounds of their intellectual property rights.
Leslie explains that while substantive intellectual property law
defines the scope of the exclusionary rights, antitrust law often
provides the most important consequences when owners of
intellectual property misuse their rights in a way that harms
consumers or illegitimately excludes competitors. Antitrust law
defines the limits of what intellectual property owners can do with
their IP rights. In this book, Leslie explores what conduct firms
can and cannot engage in while acquiring and exploiting their
intellectual property rights, and surveys those aspects of
antitrust law that are necessary for both antitrust practitioners
and intellectual property attorneys to understand. This book is
ideal for an advanced antitrust course in a JD program. In addition
to building on basic antitrust concepts, it fills in a gap that is
often missing in basic antitrust courses yet critical for an
intellectual property lawyer: the intersection of intellectual
property and antitrust law. The relationship between intellectual
property and antitrust is particularly valuable as an increasing
number of law schools offer specializations and LLMs in
intellectual property. This book also provides meaningful material
for both undergraduate and graduate business schools programs
because it explains how antitrust law limits the marshalling of
intellectual property rights.
This book offers an unparalleled analysis of the emerging law and
economics of competition policy in Latin America. Nearly all Latin
American countries now have competition laws and agencies to
enforce them. Yet, these laws and agencies are relatively young.
The relative youth of Latin American competition agencies and the
institutional and political environment in which they operate limit
the ability of agencies to effectively address anti-competitive
conduct. Competition policy is a tool to overcome anti-market
traditions in Latin America. Effective competition policy is
critical to assisting in the growth of Latin American economies,
their global competitiveness, and improving the welfare of domestic
consumers. This book provides new region specific insights on how
to better achieve these aims. This authoritative volume will be of
particular interest to competition agencies, academics in law,
economics and Latin American Studies, practitioners around the
world in the areas of antitrust and competition policy,
policymakers, and journalists.
|
|