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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law
In the late 1990s, the European Commission embarked on a long
process of introducing a 'more economic approach' to EU Antitrust
law. One by one, it reviewed its approach to all three pillars of
EU Antitrust Law, starting with Article 101 TFEU, moving on to EU
merger control and concluding the process with Article 102 TFEU.
Its aim was to make EU antitrust law more compatible with
contemporary economic thinking. On the basis of an extensive
empirical analysis of the Commission's main enforcement tools, this
book establishes the changes that the more economic approach has
made to the Commission's enforcement practice over the past fifteen
years. It demonstrates that the more economic approach not only
introduced modern economic assessment tools to the Commission's
analyses, but fundamentally changed the Commission's interpretation
of the law. Emulating one of the key credos of the US Antitrust
Revolution thirty years earlier, the Commission reinterpreted the
EU antitrust rules as aiming at the enhancement of economic
consumer welfare only, and amended its understanding of key legal
concepts accordingly. This book argues that the Commission's new
understanding of the law has many benefits. Its key principles are
logical, translate well into workable legal concepts and promise a
great degree of accuracy. However, it also has a number of serious
drawbacks as it stands. Most worryingly, its revised interpretation
of the law is to large extents incompatible with the case law of
the European Court of Justice, which has not been swayed by the
exclusive consumer welfare aim. This situation is undesirable from
the point of view of legal certainty and the rule of law.
The regulation of State Aid belongs to the core areas of European
Union law. Without the general prohibition of state subsidies to
undertakings, competitiveness would be distorted and the benefits
of the internal market would be put in jeopardy. This book deals
systematically article-by-article with the basic principles, the
proceedings, and the implementation of State Aid law as laid down
in Articles 107 to 109 TFEU, as well as the general block
exemptions regulation (Regulation No 800/2008) and the Council
Regulation ((EC) No 659/1999) laying down detailed rules for the
application of Article 93 TEC. Further, this commentary deals in
detail with the rules regulating State Aid in specific sectors such
as telecommunication, postal services, broadcast and television,
energy/coal, banking, railroads, road transport, shipping, air
traffic/airports, automotive industry, shipbuilding, steel,
housing, agriculture, fishery, culture/tourism/sport and health.
Big Data and Big Analytics are a big deal today. Big Data is
playing a pivotal role in many companies' strategic
decision-making. Companies are striving to acquire a 'data
advantage' over rivals. Data-driven mergers are increasing. These
data-driven business strategies and mergers raise significant
implications for privacy, consumer protection and competition law.
At the same time, European and United States' competition
authorities are beginning to consider the implications of a
data-driven economy on competition policy. In 2015, the European
Commission launched a competition inquiry into the e-commerce
sector and issued a statement of objections in its Google
investigation. The implications of Big Data on competition policy
will likely be a part of the mix. Big Data and Competition Policy
is the first work to offer a detailed description of the important
new issue of Big Data and explains how it relates to competition
laws and policy, both in the EU and US. The book helps bring the
reader quickly up to speed on what is Big Data, its competitive
implications, the competition authorities' approach to data-driven
mergers and business strategies, and their current approach's
strengths and weaknesses. Written by two recognized leading experts
in competition law, this accessible work offers practical guidance
and theoretical discussion of the potential benefits (including
data-driven efficiencies) and concerns for the practitioner, policy
maker, and academic alike.
Big Data and Big Analytics are a big deal today. Big Data is
playing a pivotal role in many companies' strategic
decision-making. Companies are striving to acquire a 'data
advantage' over rivals. Data-driven mergers are increasing. These
data-driven business strategies and mergers raise significant
implications for privacy, consumer protection and competition law.
At the same time, European and United States' competition
authorities are beginning to consider the implications of a
data-driven economy on competition policy. In 2015, the European
Commission launched a competition inquiry into the e-commerce
sector and issued a statement of objections in its Google
investigation. The implications of Big Data on competition policy
will likely be a part of the mix. Big Data and Competition Policy
is the first work to offer a detailed description of the important
new issue of Big Data and explains how it relates to competition
laws and policy, both in the EU and US. The book helps bring the
reader quickly up to speed on what is Big Data, its competitive
implications, the competition authorities' approach to data-driven
mergers and business strategies, and their current approach's
strengths and weaknesses. Written by two recognized leading experts
in competition law, this accessible work offers practical guidance
and theoretical discussion of the potential benefits (including
data-driven efficiencies) and concerns for the practitioner, policy
maker, and academic alike.
Despite the growing importance of 'consumer welfare' in EU
competition law debates, there remains a significant disconnect
between rhetoric and reality, as consumers and their interests
still play only an ancillary role in this area of law. Consumer
Involvement in Private EU Competition Law Enforcement is the first
monograph to exclusively address this highly topical and much
debated subject, providing a timely and wide-ranging examination of
the need for more active consumer participation in competition law.
Written by an expert in the field, it sets out a comprehensive
framework of policy implications and arguments for greater
involvement, positioning the debate in the context of a broader EU
law perspective. It outlines pragmatic approaches to remedial and
procedural measures that would enable consumer empowerment.
Finally, the book identifies key institutional and political
obstacles to the adoption of effective measures, and suggests
alternative routes to enhance the role of consumers in private
competition law enforcement. The book's innovative approach,
combining normative analysis and practical solutions, make it
invaluable for academics, policy-makers, and practitioners in the
field.
The objective(s) of Article 102 TFEU, what exactly makes a practice
abusive and the standard of harm under Article 102 TFEU have not
yet been settled. This lack of clarity creates uncertainty for
businesses and raises an important question of legitimacy. This
book inquires into the possible objectives of Article 102 TFEU and
proposes a modern approach to interpreting 'abuse'. In doing so, it
establishes an overarching concept of 'abuse' that conforms to the
historical roots of the provision, to the text of the provision
itself and to modern economic thinking on unilateral conduct. This
book therefore inquires into what Article 102 TFEU is about, what
it can be about and what it should be about. The book demonstrates
that the separation of exploitative abuse from exclusionary abuse
is artificial and unsound. It examines the roots of Article 102
TFEU and the historical context of the adoption of the Treaty, the
case law, policy and literature on exploitative abuses and, where
relevant, on exclusionary abuses. The book investigates potential
objectives, such as fairness and welfare, as well as potential
conflict between such objectives. Finally, it critically assesses
the European Commission's modernisation of Article 102 TFEU, before
proposing a reformed approach to 'abuse' which is centred on three
necessary and sufficient conditions: exploitation, exclusion and a
lack of an increase in efficiency.
This edition of the U. S. Department of Justice Antitrust Division
Manual is the latest version of the day-to-day resource used by
attorneys, economists, and other professionals of the Division to
enforce this country's antitrust laws. This Fourth Edition
incorporates changes in the statutes, guidelines, rules and other
documents that govern the Division and reflect the Division's
current practices and procedures. The Manual is an important
resource for everyone at the Division, from seasoned attorneys with
many years of practice to new paralegals fresh out of college. It
answers many questions that can arise when conducting
investigations or litigating cases.
This EU Digest 2013 is a selection of 51 essays on European
competition case laws from the 27 European Union member States and
neighboring States. Each essay consists in a synthesis of the
leading cases from 2012 and beyond. These essays are organized in
two parts. Part I deals with Competition Provisions (Cartels,
Dominance, Merger, State aid...) whereas Part II deals with
Business Sectors (Automobile, Broadcasting, Healthcare, IT &
Telecommunications, Sports...). The purpose of this Digest is to
provide a snapshot of the areas of convergence and remaining
diversity of competition law in Europe. As noted by Fr d ric Jenny
in his Foreword below, while this book is not based on a
comprehensive study of all national case laws, no such study is
needed to identify the main trends in this area. This EU Digest
highlights both convergence and divergence in various areas and
sectors of European competition law, making it easy for both
practitioners and academics to draw comparison between
jurisdictions in various areas and sectors of European competition
law.
21st century globalisation is distinguished by institutional and
political reforms in many countries such as gradual trade
liberalisation and international co-ordination of policies. This
author considers globalisation as a non-stop process leading to the
convergence of the civilisations, lower cost of production,
controlled freedom of communications, guarded advancements of
technology, shrinking of distances via advanced transportation
means and the economic funds utilise their powers demolishing any
local lawful revolutionary efforts exploiting the globe with a
fairly democratic way at present. The global economic funds should
avoid a gradually undemocratic exploitation of the globe in order
to bypass/avoid a global conflict looming in the end of the road of
an autocratic globalisation lacking any ethical values. Moreover,
globalisation has created centres of power that are alongside, even
in competition, with the power of states. Innovation demands
extensive up-front R&D costs and strong intellectual property
protection is not disconnected from competition principles, but
rather, is a vital part of antitrust policy as a whole. Sound
intellectual property rights protection creates the competitive
environment required to allow companies to profit from their
inventions, which encourages innovation efforts.
This leading work provides a unique perspective on EU competition
law, authored by current and former members of DG Competition, and
giving insider knowledge into policies and their application.
Fully updated in this third edition, the work includes new material
on industries of growing importance in the competition field
including pharmaceuticals and High Tech. A new chapter on
pharmaceuticals and health care gives analysis of the
pharmaceuticals sector enquiry report, the ECJ judgment in GSK, the
Servier investigation, and various mergers. Coverage of the
developing High Tech industry is covered in an expanded chapter on
Communications.
Other updating includes full coverage of the latest legislation,
case law and guidance, giving competition lawyers a comprehensive
commentary on recent developments. Discussion of key legislative
developments looks at the R&D and Specialization Block
Exemption Regulations, the revised Verticals Block Exemption
Regulation, and the Technology Transfer Block Exemption. Since the
last edition of Faull and Nikpay, there has been a wealth of new
guidance published which is fully covered in the third edition
including Guidance on Hearing Officer procedures, Commission
guidance on enforcement priorities for exclusionary conduct,
non-horizontal mergers guidelines, Horizontal agreements
guidelines, Verticals guidelines, and Commission Guidelines on
Technology Transfer. Also, key recent cases covered in the new
edition include Telefonica, Microsoft, Intel, Rambus, RWE, and GdF.
As merger transactions become more complex, so do the remedies
involved. This book seeks to identify and examine the most
important aspects of merger remedies, which have emerged and
evolved in the European Commission's policy and practice over the
past 20 years. The in-depth analysis of applicable provisions and
guidelines is structured in accordance with a typical 'remedies
lifecycle': the negotiation, submission, assessment, adoption,
implementation and enforcement of remedies. Furthermore, numerous
conditional clearance decisions and judgments as well as studies
and legal literature on the subject are described and put into a
coherent analytical framework with the aim of providing as much
nuance as possible in the evaluation of the Commission's past and
present remedies policy and practice. While the Commission
indisputably has accomplished numerous successes in its remedies
enforcement over the years, it has also encountered some
significant obstacles and shortcomings along the way. To this
effect, the final chapter in the book critically assesses whether
the current framework, which has remained unchanged since 2008,
continues to provide an adequate regulatory response to today's
remedies issues and challenges. Where adjustments and improvements
are deemed desirable or necessary, possible measures are
considered.
This book, written within the framework of a research project
funded by the European Commission Civil Justice Programme,
identifies the ways in which cross-border EU competition law
actions can best be handled in Europe. Employing traditional
library-based legal research methods as well as qualitative
interviews with legal practitioners in Germany and England
(countries sharing different legal traditions) and policy-makers in
Brussels, the book considers how private EU competition law actions
are functioning at the moment and how they could and should be
developed. The study proposes solutions for some of the most
pressing practical problems, and includes chapters by the following
academics, legal practitioners and judges: Judge I Pelikanova
(General Court of the EU); J Lawrence and A Morfey (Freshfields); P
Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J
Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle,
Germany); P Bos and J Moehlmann (BarentsKrans, the Netherlands); P
Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D
Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli
(Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin,
Brussels); F Becker and J Kammin (Kiel University, Germany); and M
Danov (Brunel University).
Written by a worldwide team of experts, this book surveys and
comments on the unfair competition laws of the world's leading
economic powers. Following a standard pattern, each chapter
introduces the reader to the latest developments in each
jurisdiction, highlighting the ways in which the basic legislation
and case law relates to enforcement issues, and how unfair
competition laws fit with wider considerations of consumer
protection and within prevailing intellectual property and
competition law frameworks. Each of the country reports follows the
same standard structure, which includes: background and general
approach to unfair competition law * legal basis of unfair
competition law and relations to neighboring areas of law * general
considerations * general clause against unfair competition *
marketing * protection of competitors against unfair trade
practices * specific protection of consumers against unfair trade
practices * enforcement. The country reports cover the following
countries: Australia, Austria, Brazil, Canada, China, France,
Germany, Hungary, India, Italy, Japan, Lithuania, Netherlands,
Poland, Spain, South Africa, Sweden, Switzerland, Turkey, the UK,
and the US.
For decades, the debate about the tension between intellectual
property (IP) and antitrust law has revolved around the question to
what extent antitrust should accept that IP laws may bar
competition in order to stimulate innovation. The rise of IP rights
in recent years has highlighted the problem that IP may also impede
innovation, if research for new technologies or the marketing of
new products requires access to protected prior innovation. How
this 'cumulative innovation' is actually accounted for under IP and
antitrust laws in the EU and the US, and how it could alternatively
be dealt with, are the central questions addressed in this unique
study. Taking an integrated view of both IP and antitrust rules -
in particular, on refusals to deal based on IP - the book assesses
policy levers under European and US patent, copyright, and trade
secrecy laws, such as the bar for and scope of protection, as well
as research exemptions, compulsory licensing regimes, and misuse
doctrines. It analyzes what the allocation of tasks is and should
be between these IP levers and antitrust rules - in particular, the
law on abuse of dominance (Article 102 TFEU) and monopolization
(Section 2, Sherman Act). Particular attention is paid to the
essential facilities doctrine, including pricing methodologies for
access to IP. Many recent decisions and judgments are put into a
coherent analytical framework, such as IMS Health, AstraZeneca,
GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard
(Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft, and IBM/T3
(both EU and US). Further topics are covered, including IP
protection for software, interoperability information, and
databases; industry-specific tailoring of IP; antitrust innovation
market analysis; and the WTO law on the IP/antitrust interface.
(Series: Hart Studies in Competition Law - Vol. 1)
This book gives comprehensive coverage of EU distribution law and
the law relating to vertical agreements. Now in its second edition,
it is the only book to provide a detailed and practice oriented
analysis of the entire scope of vertical agreements under the new
legislative framework. Written by two authors who assisted the
Commission in its drafting and reviewing of the Regulation, the
book gives invaluable practical commentary on the new general block
exemption (Regulation 330/2010), the new Motor Vehicle Block
Exemption regulation (Regulation 461/2010), and the accompanying
new Vertical Guidelines, as well as on agreements which are not
covered by a block exemption.
The authors consider issues directly relevant in the commercial
world, answering questions such as: Under what conditions may a
supplier impose territorial restrictions on his dealer network?: Is
it possible to impose maximum retail prices?: Are customer
restrictions permissible in a selective distribution system?: Can a
supplier assume an exclusive supply obligation?: Is an exclusive
supply-back obligation included in a subcontracting arrangement
enforceable?
The authors draw on their experience in this area of competition
law to address the more complex issues relating to vertical
restraints. They offer practical solutions to commercial problems
and provide an indispensable tool for all practitioners in this
field.
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