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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law
Written by a distinguished team with extensive experience in the
area, this key analytical commentary on the competition procedures
of the EU provides in-depth coverage of the relevant rules. The
work discusses in detail the Commission's package of regulations
and guidelines and their interaction in practice. This fourth
edition fully updates the work to reflect recent legislative
developments and a wealth of recent case law. Coverage also
includes discussion of the fining practice of the European
Commission and the judicial review of this practice by the
Community Courts. As a practical guide to procedure, focusing on
the implementation of the regulatory framework by the Commission
and the relevant case law of the European Courts, this is an
indispensable resource for all practitioners involved in
competition proceedings before the European Commission and national
competition authorities.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Zambia covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate.
An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Zambia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
This book is the first detailed treatment of the approaches taken
to enforce competition laws against cross-border cartels (CBCs)
from the perspective of young and small competition authorities
(more than 70% of the total number of authorities worldwide). No
other legal or inter-disciplinary scholarship exists in the market
that deals with the issue of a taxonomy of CBCs combined with
young/small competition authorities' problems. The book looks at
the extent of the harms caused by CBCs and issues associated with
tackling them at a transnational level. It explains why past
solutions to problems with cooperation have failed and proposes
novel ideas on how to improve cooperation and coordination in
certain types of CBC investigations (transnational and regional
CBCs). The proposals are based on primary-source information and
observations made by the author as part of his work in the UN, and
interviews with leading enforcers from young, small, old and large
jurisdictions. Young/small competition authorities, competition
lawyers and economists, scholars and students within the fields of
competition law and international law, and those interested in
international cooperation and coordination in the area of cartel
enforcement in emerging markets will greatly benefit from this
book. It is clearly structured and extensively referenced,
providing a valuable guide to the topic.
In recent years, market definition has come under attack as an
analytical tool of competition law. Scholars have increasingly
questioned its usefulness and feasibility. That criticism comes
into sharper relief in dynamic, innovation-driven markets, which do
not correspond to the static markets on which the concept of the
relevant market was modelled. This book explores that controversy
from a comparative legal perspective, taking into account both EU
competition and US antitrust law. It examines the manifold ways in
which courts and competition authorities in the EU and US have
factored innovation-related considerations into market delineation,
covering: innovative product markets, product differentiation,
future markets, issues going beyond market definition proper - such
as innovation competition, innovation markets and potential
competition -, intellectual property rights, innovative
aftermarkets and multi-sided platforms. This book finds that going
forward, the role of market definition in dynamic contexts needs to
focus on its function of market characterisation rather than on the
assessment of market power.
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