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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law

Handbook of Competition in Banking and Finance (Hardcover): Jacob A. Bikker, Laura Spierdijk Handbook of Competition in Banking and Finance (Hardcover)
Jacob A. Bikker, Laura Spierdijk
R6,159 Discovery Miles 61 590 Ships in 12 - 19 working days

For academics, regulators and policymakers alike, it is crucial to measure financial sector competition by means of reliable, well-established methods. However, this is easier said than done. This comprehensive Handbook provides a collection of state-of-the-art chapters to address this issue. Using the latest empirical results from around the world, expert contributors offer a thorough assessment of the quality and reliability of the prevalent measures of competition in banking and finance. The Handbook consists of four parts, the first of which discusses the characteristics of various measures of financial sector competition. The second part includes several empirical studies on the level of, and trends in, competition across countries. The third part deals with the spillovers of market power to other sectors and the economy as a whole. Finally, the fourth part considers competition in banking submarkets and subsectors. This Handbook is an essential resource for students and researchers interested in competition, regulation, banking and finance. Politicians, policymakers and regulators will also benefit from the thorough explanation of the need for anti-trust regulation and identification of the most reliable competition measures. Contributors include: A.N. Berger, J.A. Bikker, W. Bolt, J. Bos, Y.L. Chan, P. Coccorese, M.D. Delis, J. Fernandez de Guevara, Z. Fungacova, R. Gropp, I. Hasan, J.P. Hughes, D. Humphrey, L.F. Klapper, S. Kleimeier, C. Kok, S. Kokas, J.W. Kolari, M. Lamers, L. Liu, J. Maudos, L.J. Mester, C.-G. Moon, N. Mylonidis, S. Ongena, B. Overvest, V. Purice, R.J. Rosen, H. Sander, S. Shaffer, L. Spierdijk, D. Titotto, R. Turk-Ariss, G.F. Udell, L. Weill, J. Yuan, M. Zaouras

Lawyers, Markets and Regulation (Paperback): Frank H Stephen Lawyers, Markets and Regulation (Paperback)
Frank H Stephen
R1,063 Discovery Miles 10 630 Ships in 12 - 19 working days

The question of how we can best regulate the all-important markets for legal services is rarely investigated with the benefit of good empirical evidence about what's wrong and what works. The challenge of doing empirical work in this area is steep, given a lack of data and the complexity of comparing across very different jurisdictions and legal environments. In this much-needed contribution, Frank Stephen usefully brings together a set of empirical studies and an overview of the recent regulatory reforms that have been pursued in the UK and other European jurisdictions in the past two decades. The result will help policymakers make further progress in the increasingly urgent effort to establish efficient and accessible markets for legal services worldwide.' - Gillian K. Hadfield, USC Gould School of Law, US'Frank Stephen draws on thirty years' experience of working on the regulation of the legal professions, and on several empirical studies, to provide a fascinating account of the evolving attempts to introduce competition into the supply of legal services and how such attempts have sometimes been thwarted. It also makes a major contribution to the theoretical debate on the justifications, modes and likely impacts of regulation.' - Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands 'Professor Stephen's book provides a wonderfully concise, accessible and insightful review of both the theory and the empirical evidence (much of it his) on regulatory restrictions on the provision of legal services and challenges traditional arguments for the self-regulation of the legal profession. His economic/consumer welfare perspective provides a stimulating reference point in ongoing debates on the appropriate regulation of the market for legal services and the case for self-regulation, which (unlike the UK) is still very strongly espoused in North America, but under increasing scrutiny. Professor Stephen s book will intensify this scrutiny.' - Michael Trebilcock, University of Toronto, Canada Frank H. Stephen's evaluation of public policy on the legal profession in UK and European jurisdictions explores how regulation and self-regulation have been liberalized over the past 30 years. The book surveys where the most recent and radical liberalization involving the ownership of law firms by non-lawyers is likely to lead, and appraises the economic literature on the costs and benefits of regulating markets for professional services. It challenges socio-legal views on professional legislation and highlights the limitations of regulatory competition, as well as the importance of dominant business models. The author reviews the empirical work underpinning these theories and policies. He also evaluates the effectiveness of regulatory competition as a response to regulatory capture. Lawyers, Markets and Regulation will be of interest to academics focusing on professional regulation in the fields of economics and law. Lawyers, legal policymakers, competition authorities and regulators will also find the book to be an enlightening read. Contents: Preface 1. Introduction Part I: Why Do We Regulate Lawyers? 2. Why Regulate Lawyers? 3. How Lawyers are Regulated 4. Lawyers and Incentives Part II: Deregulation of Legal Markets in the UK and Europe 5. Liberalization of Legal Markets in UK and EU Jurisdictions 6. Evidence on Effects of Deregulation Part III: The Future of 'Lawyering' 7. Legal Services Act 2007 and the Promotion of Regulatory Competition 8. A Technological Revolution in 'Lawyering'? 9. Summary and Conclusions References Index

Regulation, Innovation and Competition in Pharmaceutical Markets - A Comparative Study (Hardcover): Margherita Colangelo Regulation, Innovation and Competition in Pharmaceutical Markets - A Comparative Study (Hardcover)
Margherita Colangelo
R3,038 Discovery Miles 30 380 Ships in 12 - 19 working days

This book explores the fundamental and inextricable relationship between regulation, intellectual property, competition laws, and public health in prescription drugs markets, examining their interconnections and the delicate balance between the various interests and policy goals at stake. Although pharmaceutical markets are heavily regulated and subject to close antitrust scrutiny, there is a constant requirement for existing rules and policies to tackle a number of persistent, complex issues. The variety of anticompetitive practices occurring in this sector, the worrying rise in drug prices, and major, far-reaching concerns over the accessibility of medicines are sources of frequent controversy in academic and policy debate. Understanding the unique features and dynamics of the pharmaceutical industry requires a tailored and multifaceted approach. The study is enhanced by the adoption of a comparative perspective, tracing convergence and divergence between EU and US systems through the analysis of relevant applicable rules, emblematic case studies, and policy choices. Pursuant to this rigorous approach, the book provides an original and thought-provoking critique of the challenges of regulating pharmaceutical markets.

Joint Research and Development under US Antitrust and EU Competition Law (Hardcover): Bjoern Lundqvist Joint Research and Development under US Antitrust and EU Competition Law (Hardcover)
Bjoern Lundqvist
R3,480 Discovery Miles 34 800 Ships in 12 - 19 working days

Due to disagreement between policymakers and innovation economists, antitrust agencies have been rather confused over when and how to use competition law in reference to research and development (R&D) joint ventures and collaborations. This important book dissects the antitrust treatment, in the USA and under EU law, of joint R&D ventures from the 1970s to the present day. It provides a comprehensive analysis of the modifications and amendments made to legal acts and guidelines. It also looks at the slow shift in the scant case law detected both under the antitrust laws of the USA and the competition rules of the EU. Bjoern Lundqvist demonstrates that the prevailing antitrust policies towards R&D collaborations are very similar in the USA and the EU, and that they both mirror a lenient attitude towards collaboration between competitors. Nonetheless, ultimately, the book shows that a more stringent attitude from the antitrust establishment can be discerned, and that the concept of the innovation market could possibly soon have a revival. This fascinating book caters to both researchers and practitioners in competition law and economics. The easy-to-follow chart and boxes will be particularly useful for practitioners when setting up R&D joint ventures.

Policy and Methods in German and American Antitrust Law - A Comparative Study (Hardcover): James R. Maxeiner Policy and Methods in German and American Antitrust Law - A Comparative Study (Hardcover)
James R. Maxeiner
R2,763 Discovery Miles 27 630 Ships in 10 - 15 working days

A remarkable reversal in popular satisfaction with antitrust law has occurred: Germany--once the classic land of cartels--now enforces an antitrust law vigorously and subject to little meaningful opposition, while the United States--itself the home of antitrust law--enforces its antitrust law erratically and against significant criticism. Whatever may be the precise measure of support in each country for antitrust laws, even the most cursory observation discloses a criticism of antitrust law in the United States not matched in kind or degree in the Federal Republic of Germany. This work investigates aspects of some of the many possible explanations--legal, social, and economic--for this remarkable turnaround. It considers perhaps the most obvious question: How do the two antitrust laws differ? In partial answer, it suggests that certain principal criticisms of American antitrust law reflect dissatisfaction as much with the legal methods by which that law is applied as with the law itself. German cartel law, Maxeiner suggests, utilizes different legal methods which avoid or mitigate many of the problems encountered in American antitrust law.

Cartels and Economic Collusion - The Persistence of Corporate Conspiracies (Hardcover): Michael A. Utton Cartels and Economic Collusion - The Persistence of Corporate Conspiracies (Hardcover)
Michael A. Utton
R2,906 Discovery Miles 29 060 Ships in 12 - 19 working days

Adam Smith warned of the prevalence of corporate conspiracies more than two hundred years ago. Since then, interest in cartels has sometimes intensified (during the Great Depression, for example) and sometimes diminished, but the need for control has always remained on the antitrust agenda. This well-documented book reviews the economic case against corporate collusion, as well as the arguments made for a more permissive attitude. A survey of recent empirical research reveals not only the prevalence of a wide range of international cartels but also the size of the inefficiencies and costs that they impose on customers and consumers. The antitrust reaction has therefore intensified with greatly increased fines being imposed by the US, the EU and other authorities. At the same time, they have developed sophisticated leniency polices with the aim of destabilizing the illegal conspiracies. After reviewing these measures, the author concludes with the hope that this toughened approach is not modified or reversed during periods of recession. This insightful book will appeal to undergraduates in economics, business and law studying antitrust and law and economics.

Inequality and the Labor Market - The Case for Greater Competition (Paperback): Sharon Block, Benjamin H Harris Inequality and the Labor Market - The Case for Greater Competition (Paperback)
Sharon Block, Benjamin H Harris
R1,047 Discovery Miles 10 470 Ships in 12 - 19 working days

Exploring a new agenda to improve outcomes for American workers.As the United States continues to struggle with the impact of the devastating COVID-19 recession, policymakers have an opportunity to redress the competition problems in our labor markets. Making the right policy choices, however, requires a deep understanding of long-term, multidimensional problems. That will be solved only by looking to the failures and unrealized opportunities in anti-trust and labor law. For decades, competition in the U.S. labor market has declined, with the result that American workers have experienced slow wage growth and diminishing job quality. While sluggish productivity growth, rising globalization, and d union representation are traditionally cited as factors for this historic imbalance in economic power, weak competition in the labor market is increasingly being recognized as a factor as well. This book by noted experts frames the legal and economic consequences of this imbalance and presents a series of urgently needed reforms of both labor and anti-trust laws to improve outcomes for American workers. These include higher wages, safer workplaces, increased ability to report labor violations, greater mobility, more opportunities for workers to build power, and overall better labor protections. Labor Market Competition will interest anyone who cares about building a progressive economic agenda or who has a marked interest in labor policy. It also will appeal to anyone hoping to influence or anticipate the much-needed progressive agenda for the United States. The book's unusual scope provides prescriptions that, as Nobel Laureate Joseph Stiglitz notes in the introduction, map a path for rebalancing power, not just in our economy but in our democracy.

Trade Liberalisation and International Co-operation - A Legal Analysis of the Trans-Pacific Partnership Agreement (Hardcover):... Trade Liberalisation and International Co-operation - A Legal Analysis of the Trans-Pacific Partnership Agreement (Hardcover)
Tania Voon
R3,660 Discovery Miles 36 600 Ships in 12 - 19 working days

This book provides a detailed analysis of major legal and public policy issues arising from the Trans-Pacific Partnership Agreement (TPP) - a treaty that will dramatically change the landscape of international trade, with effects that will be felt on a global scale.Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as development, health and the environment, as well as more specific areas such as agriculture and services, and controversial questions of intellectual property, investment and dispute settlement under the agreement. With an analytical focus on broad principles and enduring issues arising from the TPP, this informative book will appeal to academics, government advisors, NGOs, and students of law, economics, and international relations. Legal practitioners will also find much of interest in this book. Contributors: W.-M. Choi, D. Elms, D. Kotlowitz, M. Lewis, J. Meltzer, A. Mitchell, J. Munro, R. Polanco, M. Rimmer, L. Trakman, T. Voon, K. Weatherall

The Role of Competitors in the Enforcement of State Aid Law (Hardcover): Fernando Pastor Merchante The Role of Competitors in the Enforcement of State Aid Law (Hardcover)
Fernando Pastor Merchante
R3,100 Discovery Miles 31 000 Ships in 9 - 17 working days

This book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission's enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.

The Criminal Law of Competition in the UK and in the US - Failure and Success (Hardcover): Mark Furse The Criminal Law of Competition in the UK and in the US - Failure and Success (Hardcover)
Mark Furse
R3,146 Discovery Miles 31 460 Ships in 12 - 19 working days

In 2002, the UK introduced a criminal competition law into the UK legal system for the first time since the 18th century. Using a range of analytical lenses, Mark Furse re-appraises this law ten years on, and provides an extensive analysis of its features.This invigorating work details the policy arguments behind the introduction of the law, and examines - through consideration of the successful prosecutions in the US - the extent to which the law in practice may be considered to have succeeded or failed in the UK. The role of the US as global antitrust policeman is also considered. The book concludes with a consideration of the difficulties facing the UK in choosing to pursue a criminal route within the current civil framework. Including full discussions of relevant literature relating to the criminalization of cartels, and the use of personal sanctions against cartelists, this book will appeal to postgraduates and advanced undergraduate students of competition law, competition law practitioners in the UK, EU and US, as well as competition law enforcement personnel. Contents: 1. Introduction 2. Criminalisation of Cartel Activity: Economics and Law 3. Criminalization in the United States 4. Criminalization in the UK: The Cartel Offense 5. Criminalization in Ireland 6. Case Studies 7. Conclusion Index

Antitrust Law and Economics (Hardcover): Keith N Hylton Antitrust Law and Economics (Hardcover)
Keith N Hylton
R5,292 Discovery Miles 52 920 Ships in 12 - 19 working days

This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices.This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.

A Practical Guide to National Competition Rules Across Europe (Hardcover, 2nd New edition): Marjorie Holmes, Lesley Davey A Practical Guide to National Competition Rules Across Europe (Hardcover, 2nd New edition)
Marjorie Holmes, Lesley Davey
R8,472 Discovery Miles 84 720 Ships in 10 - 15 working days

Over the last three years, the anti-trust environment in Europe has undergone major changes, as the so called process of modernisation gathers pace. In May 2004, the European Commission lost its exclusive jurisdiction to deal with restrictive agreements and dominance. As a result EU Member States' national competition authorities acquired the power to implement European competition rules, as embodied in Articles 81 and 82 of the EC Treaty. This decentralisation of power means that companies operating in several Member States must be aware of each jurisdictions' relevant competition rules to ensure full compliance. Those wishing to complain about anti-competitive practices can now choose between different national competition authorities. Being able to identify the strengths and weaknesses of different competition regimes is therefore important for both those who wish to ensure compliance and those who want to complain about anti-competitive activities. However by outsourcing the burden of implementing the anti-trust rules, some wonder whether the EU's competition regime has taken a step closer to the US regime. Since 1 May 2004 we have been waiting for an explosion of cases in the national courts based on breaches of the competition rules. To date this has not happened. Is this because of obstacles such as the lack of treble damages, class actions and contingency fees? As a result of the above changes, advising on competition issues in Europe requires not only an understanding of the competition rules in each jurisdiction, but also an understanding of how the national courts deal with competition cases. The second edition of "A Practical Guide to National Competition Rules across Europe" aims to address these issues. Firstly it provides practical information on the competition regimes (including merger control) in each of the EU member states as well as Norway and Switzerland. Secondly it analyses the civil procedure rules in each jurisdiction and considers the extent to which competition litigation is likely to increase in the future. Each country chapter has been prepared by experienced competition lawyers. The second edition of the guide also includes a comparable analysis of the competition rules in Europe with those in other jurisdictions including Australia, Canada, Japan, and the United States. Marjorie Holmes is an experienced competition lawyer and litigator and Lesley Davey, a competition lawyer, both from Reed Smith Richards Butler LLP, draw on the information provided in each of the country chapters to reach interesting and important conclusions and recommendations.

EU Antitrust Law and Sport Governance - The Next Frontier? (Hardcover): Jacob Kornbeck EU Antitrust Law and Sport Governance - The Next Frontier? (Hardcover)
Jacob Kornbeck
R4,021 Discovery Miles 40 210 Ships in 12 - 19 working days

This is the first book to examine the significance of European Union antitrust law for the future of sport in Europe. Drawing on multi-disciplinary perspectives from law, economics, sport management and politics, and including case studies about the European Super League (ESL) and the International Skating Union, the book explores key themes in contemporary sport, including governance, ownership and control; the European sport model; the regulatory autonomy of sports organisations; and the relationship between public policy, the law and sport. This is important reading for any advanced student, researcher, policy-maker or practitioner with an interest in sport management, sport law, European law or European politics.

Abusive Practices in Competition Law (Hardcover): Fabiana Di Porto, Rupprecht Podszun Abusive Practices in Competition Law (Hardcover)
Fabiana Di Porto, Rupprecht Podszun
R4,651 Discovery Miles 46 510 Ships in 12 - 19 working days

Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant? Including analysis of the EU as well as individual nations such as the USA, Germany, France, Italy, China, Japan, Australia and developing countries, this book presents the state of the art in abusive practices in competition law research. Drawing on a variety of experiences from different jurisdictions, the authors answer the most fundamental questions concerning abusive practices, with a special focus placed on superior bargaining power, economic dependence and unconscionable conduct as thresholds for competition law interventions. Key areas such as market definition in platform markets, use of presumption in antitrust law, commitment procedures and aggregate concentration concerns are all discussed within this context. Essential reading for competition lawyers and economists, Abusive Practices in Competition Law gives comprehensive advice and insight for those dealing with antitrust concepts and practical cases of abusive conduct. Contributors include: A. Al-Ameen, M. Bakhoum, P. Behrens, D. Bosco, T. Cheng, F. Di Porto, V. Falce, X. Fang, A. Fels, K. Fuchikawa, M. Gal, M. Ioannidou, M. Lees, L. Marx, R. Podszun, A. Robles Martin-Laborda, L. Silva Morais, T. Takigawa, S. Thomas, L. Tome Feteira, P. Van Cleynenbreugel, F. Wagner-von Papp

Procedural Fairness in Competition Proceedings (Hardcover): Paul Nihoul, Tadeusz Skoczny Procedural Fairness in Competition Proceedings (Hardcover)
Paul Nihoul, Tadeusz Skoczny
R4,179 Discovery Miles 41 790 Ships in 12 - 19 working days

How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.Such issues are reviewed by expert contributors in Europe and around the globe. Special attention is paid to certain rights including the right to be heard, the right to defence, the right to protection of business secrets and the right to judicial review. The overarching structure of the book proposes an agenda for the solution of procedural fairness within competition proceedings for the future. This astute work will be a useful point of reference for scholars, practitioners and policy makers alike, who will benefit from the critical insight into how best to attain procedural fairness in the enforcement of competition law. Contributors: A. Arena, C. Beaton-Wells, M. Bernatt, M. Botta, M. De Benedetto, G. Di Federico, A. Foer, C.A. Jones, K. Kowalik-Banczyk, F. Marcos, P. Nihoul, P.J. Pipkova, A. Sanchez Graells, T. Skoczny, A. Svetlicinii, L. Tichy, P. Van Cleynenbreugel, D. Zimmer

Article 234 and Competition Law - An Analysis (Hardcover): Barry J Rodger Article 234 and Competition Law - An Analysis (Hardcover)
Barry J Rodger
R6,692 Discovery Miles 66 920 Ships in 10 - 15 working days

It is a truism that almost all the major principles established by the ECJ have been decided in the context of a reference to that court for a preliminary ruling under Article 234 (ex 177) EC. Article 234 facilitates a dialogue between the national courts and the ECJ in order to allow national courts to seek guidance on the appropriate interpretation of Community law principles in a particular legal dispute. From a Community perspective, this process should enhance the uniform and consistent interpretation of Community law throughout the national courts. This book adds to a growing body of literature on the ECJ's role in developing Community law and comprises quantitative and qualitative aspects.It is based on collaborative research, involving 14 Member States, which focused on the Article 234 procedure in relation to competition law and State aid cases. Rapporteurs were appointed in each Member State from which any Article 177/234 references had been made in relation to competition law or State aid. The results presented here follow up competition law-related Article 234 rulings to their domestic legal context, to ascertain what happened in the subsequent legal phase, when parties seek to enforce their rights or rely on other party's obligations, on the basis of the ruling by the ECJ.Each national report is built on a questionnaire seeking information on a range of issues relative to every competition law-related ruling by the ECJ in references from that Member State's courts, including the following: the number of rulings in relation to that Member State; the dates of all rulings; details of the case background, reference questions, and the ECJ ruling for each case; and information, where available, on each post-ruling process. The research is comprehensive in reviewing all competition law-related rulings to 1 May 2004, and pioneering as being the first systematic attempt to collate detailed information on all relevant cases, including crucially the post-ruling process. This research is an important contribution to the literature on the ECJ and its role in developing a competition culture across the Community. Moreover, the importance of ensuring consistency and uniformity in the implementation of EC competition law by national courts has been given added significance following the accession of new Member States. In light of these factors, this book will serve as a reliable groundwork for further studies of the development of European integration, particularly as it focuses on competition law, an area of ever-increasing significance and importance. It is also of distinctive value to practitioners seeking precedents or juridical context on which to build arguments in European competition law.

Legitimacy in EU Cartel Control (Hardcover, New): Ingeborg Simonsson Legitimacy in EU Cartel Control (Hardcover, New)
Ingeborg Simonsson
R5,978 Discovery Miles 59 780 Ships in 12 - 19 working days

This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners. The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.

EU Competition Litigation - Transposition and First Experiences of the New Regime (Hardcover): Magnus Strand, Vladimir... EU Competition Litigation - Transposition and First Experiences of the New Regime (Hardcover)
Magnus Strand, Vladimir Bastidas, Marios C Iacovides
R2,869 Discovery Miles 28 690 Ships in 12 - 19 working days

All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation. Following up on a previous volume in the Swedish Studies in European Law series, published in 2016, this open access book offers contributions from top practitioners and scholars from all over Europe, who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions. Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

Collective Redress and EU Competition Law (Paperback): Eda Sahin Collective Redress and EU Competition Law (Paperback)
Eda Sahin
R1,377 Discovery Miles 13 770 Ships in 12 - 19 working days

Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.

Anti-Cartel Enforcement in a Contemporary Age - Leniency Religion (Hardcover): Caron Beaton-Wells, Christopher Tran Anti-Cartel Enforcement in a Contemporary Age - Leniency Religion (Hardcover)
Caron Beaton-Wells, Christopher Tran
R4,601 Discovery Miles 46 010 Ships in 12 - 19 working days

Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion - conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frederic Jenny ' ... fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far ... [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '

Competition Law and Policy in the EU and UK (Hardcover, 6th edition): Barry J Rodger, Angus MacCulloch Competition Law and Policy in the EU and UK (Hardcover, 6th edition)
Barry J Rodger, Angus MacCulloch
R4,504 Discovery Miles 45 040 Ships in 12 - 19 working days

Timely new edition, set to publish shortly after Brexit to make it up to date with all reforms relating to competition law in the UK and EU Written to be easily accessible to both law undergraduate students and students in related disciplines (such as Business) with straightforward language and any technical terminology fully explained in a supporting glossary. Provides historical context and contemporary information on competition law as well as covering current developments in policy Fully up-to-date and addresses emerging topics including the damages directive, digital markets and Brexit.

New Competition Jurisdictions - Shaping Policies and Building Institutions (Hardcover): Richard Whish, Christopher Townley New Competition Jurisdictions - Shaping Policies and Building Institutions (Hardcover)
Richard Whish, Christopher Townley
R4,028 Discovery Miles 40 280 Ships in 12 - 19 working days

This book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws; institutional challenges and choices, with a specific focus on deterrence; the global perspective, with a specific focus on mergers; and a discussion of how to help young academics in new jurisdictions. Theoretical analysis is informed by practice throughout, and in particular by those considered to be at the cutting edge, either working in new competition authorities or from specialists advising them on a daily basis (such as those in the OECD and UNCTAD). New Competition Jurisdictions will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy. Contributors: M. Agarwal, M. Botta, M. Chowdhury, J. Davies, M.S. Gal, D.J. Gerber, C.A. Jones, W.E. Kovacic, D. Lewis, C. Schatan, U. Schwager, H. Shahein, J. Tapia, C. Townley, K. Weeks, R. Whish

Competition Law and Economics - Developments, Policies and Enforcement Trends in the US and Korea (Hardcover): Jay P. Choi,... Competition Law and Economics - Developments, Policies and Enforcement Trends in the US and Korea (Hardcover)
Jay P. Choi, Wonhyuk Lim, Sang-Hyop Lee
R3,143 Discovery Miles 31 430 Ships in 12 - 19 working days

Offering a comprehensive overview of the major issues that arise in the enforcement of competition laws, this book takes an interdisciplinary approach to the topic, reviewing the development of Korean competition laws and their enforcement with rigorous economic analysis. Chapters build on the Korean experience, providing guidance to the capacity-building efforts of developing countries that have recently introduced competition laws. In this exciting new book, an international team of experts compares market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada. The exploration of clear trends both in Korea and globally will prove valuable to scholars and students of industrial competition policy, and law and economics. It will also be useful to policy-makers, particularly those in developing countries, looking to better understand the issues surrounding competition law and designing future policies.

Research Handbook on European State Aid Law (Hardcover): Erika Szyszczak Research Handbook on European State Aid Law (Hardcover)
Erika Szyszczak
R5,596 Discovery Miles 55 960 Ships in 12 - 19 working days

'This fine collection of essays demonstrates in a very articulate way why EU State aid law has taken the centre stage of EU law. In eighteen chapters the reader is provided with a fascinating snapshot of the main issues and developments of the law. The key elements of the EU policy are analysed in a critical way often leading to new insights. In addition the book contains a wealth of material greatly facilitating further research.' - Piet Jan Slot, University of Leiden, the Netherlands 'European state aid law needs more self-questioning and more intellectual debate. In my view, this Research Handbook is a very valuable contribution to this necessary process. It correctly identifies the most intellectually problematic issues within state aid law and asks the right questions. This may be due to the balance in the excellent selection of contributors, coming both from the academia and from practice. This guarantees, on the one hand, that the questions are relevant in practice and not purely theoretical but also provides, on the other hand, for a rigorous analytical approach when confronting the issues. The result is a fresh and interesting new look to many of the basic issues of state aid law.' - Jose Luis Buendia Sierra, Garrigues, Brussels, Belgium, and King's College London, UK This timely new Handbook reflects on current issues that confront State aid law and policy in the EU. State aid was a neglected area of competition law until attempts to modernize it became central to the Lisbon process 2000 where the aim was to encourage 'intelligent' State aid by reducing aid to specific sectors and by making better use of aid for horizontal projects central to EU integration concerns. This policy framework has underpinned the new approach to State aid policy in the EU in recent years and informs many of the chapters in this book. Contributions from leading academics, regulators and practising lawyers, discuss topics devoted to modernization, problems faced by recent enlargements of the EU, the role of State aid in the fiscal crisis and recession, the role of the private market investor test, regional aid, environmental aid and the review of the Altmark ruling. Perspectives on State aid law and policy from the disciplines of economics and political science are also explored in detail. Research Handbook on European State Aid Law will appeal to academics, regulators, national and EU government officials, practitioners and postgraduate students who are involved in State aid law. Contributors: C. Ahlborn, A. Bartosch, A. Biondi, A. Birnstiel, M. Blauberger, L. Coppi, M.-A. Dittel, M. Everson, M. Farley, L. Hancher, H. Heinrich, H.C.H. Hofmann, K.-O. Junginger-Dittel, J. Kavanagh, T. Kleiner, M. Krajewski, R. Kramer, A. Lykotrafiti, C. Micheau, A. Morini, P. Nebbia, G. Niels, D. Piccinin, S. Pilsbury, F. Salerno, M. Schutte, E. Szyszczak

The Protection of Well-Known Marks in Asia (Hardcover): Christopher Heath, Kung-Chung Liu The Protection of Well-Known Marks in Asia (Hardcover)
Christopher Heath, Kung-Chung Liu
R5,564 Discovery Miles 55 640 Ships in 10 - 15 working days

Trade mark law has become an increasingly important field of law in the context of a rapidly globalizing economy. The promotion and protection of marks is widely viewed as the most important tool for a successful expansion of business, particularly in areas of economic transformation such as the Asia-Pacific region. This collection of essays examines the legal protection of well-known marks both under trade mark and unfair competition law in 10 different jurisdictions of the Asia-Pacific region, analyzing the still widespread piracy of well-known marks in the context of the underlying legal and cultural concepts. It explores the significance of trade marks in an information society, highlighting the tensions between those seeking to protect their well-established brands globally in an age of electronic commerce, and those concerned to prevent large firms from being granted indiscriminate control over certain marks without having made the corresponding marketing efforts. It examines the opportunities and problems arising from the advent of the new digital technology, and looks at some of the issues the technology gives rise to, such as the protection of domain names. The papers collected in this volume are the revised and updated proceedings of a conference on Trade Marks, Domain Names and Unfair Competition in the Information Age, held in Taipei in January 1999, as the result of the co-operation by the Sun Yat-Sen Institute for Social Sciences and Philosophy, Academia Sinica, Taipei, and the Max Planck Institute, Munich.

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