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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law
This book gathers international and national reports from across
the globe on key questions in the field of antitrust and
intellectual property.The first part discusses the allocation of
liability for infringement of antitrust laws between corporations
and individuals. The book explores the criminal or administrative
sanctions available against corporations, companies or group of
companies, and individuals, such as employees or directors. A
detailed international report explores the major trends and
challenges in this field and provides an excellent comparative
study of this complex and challenging subject. The second part
examines whether intellectual property rights are sufficiently
protected to ensure a fair return on investments made by
manufacturers and distributors. This question comes at a time where
distribution is facing deep and radical changes with the Internet.
To what extent this is an opportunity or a threat to the
sustainability of distribution systems of differentiated and IP
protected goods is the question. This book brings together the
current legal responses across a number of European countries and
elsewhere in the world, all summarised and elaborated in an
international report. The book also includes the resolutions passed
by the General Assembly of the International League of Competition
Law (LIDC) following a debate on each of these topics, which
include proposed solutions and recommendations. The LIDC is a
long-standing international association that focuses on the
interface between competition law and intellectual property law,
including unfair competition issues.
The European Commission's review of its approach to abuse of
dominance under Article 82 of the EC Treaty has been stimulating
debate for several years. In July 2005, the Commission published
its consultation paper 'An economic approach to Article 82, ' in
which the Economic Advisory Group for Competition Policy (EAGCP)
questioned the merits of the traditional formalistic approach to
Article 82 EC cases. This paper advocated an effects-based approach
focused on competitive harm. Then the Commission published its
'Discussion Paper on the application of Article 82 of the Treaty to
exclusionary abuses' (the 'Discussion Paper'). This eagerly awaited
document, although more restrictive in nature than the 'EAGCP
Paper, ' has been viewed by many as a first practical step toward a
more economic approach to Article 82 EC. The debate over the scope
and analysis of Article 82 EC has raised important questions as to
its past and present application. This collection of essays by
international experts explores the boundaries of Article 82 EC and
considers recent developments in its application. The first four
chapters look at the economics, law, and enforceability of the
proposed reform. Chapters five and six consider the interaction
between competition law and intellectual property rights. The
seventh chapter considers the provision of remedies in cases of
refusal to supply and the eighth chapter explores the other side of
the abuse story, namely exploitative practices, focusing on the
treatment of excessive price
This is the eleventh in the series on EU competition law and policy
produced by the Robert Schuman Centre of the European University
Institute in Florence. The volume reproduces the materials from a
roundtable debate which examined the enforcement of the prohibition
on cartels. The workshop participants senior representatives of the
Commission and of the national competition authorities of some EC
Member States, renowned international academics, and legal
practitioners discussed the economic and legal issues that arise in
this particular area, including the unearthing of cartels the
evidence, the institutional framework, and the tools of
enforcement.
The objective of this book is twofold. First, it presents the
economics of minority shareholdings, under both merger and
antitrust law. In particular, economic analysis provides both an
overall assessment of minority shareholdings in the context of
concentrations, and Articles 101 and 102 TFEU and the examination
of the link between non-controlling minority shareholdings, merger
control and antitrust law. Second, the book also provides a legal
assessment and an analysis of selected case law. According to
settled European case law, minority shareholdings are analysed not
only under Regulation 139/2004, but also under Articles 101 and 102
TFEU. Nevertheless, according to current enforcement practice at
European and international levels, several national competition
authorities have adopted different approaches. The million dollar
question is whether the existing regulatory framework is sufficient
to cover all possible cases. In summary, the book will be a useful
tool for students, practitioners, researchers, economic and legal
experts and competition authorities. It provides a comprehensive
survey of the subject, which has been missing until now and answers
many questions that have been raised in the literature in the last
decades.
This Liber Amicorum was launched on the occasion of Professor
William E. Kovacic's retirement from the U.S. Federal Trade
Commission where he served as Commissioner from January 2006 to
October 2011, as the Chairman from March 2008 to March 2009, and as
a General Counsel from 2001 through 2004. This Volume I pays
tribute to William Kovacic's work as a professor, public official
and "international entrepreneur," which has tremendously
contributed to the development of the U.S. and international
antitrust law. This first volume includes 31 contributions by his
colleagues and friends mainly from the United States, and it is
divided into two sections. Part I, entitled "An Antitrust Career,"
contains 10 articles that offer an original as well as enthralling
picture of Kovacic as professor, lawyer, unconventional thinker and
innovator of antitrust law. Part II, entitled "New Frontiers of
Antitrust," consists of 21 articles covering different aspects of
competition law, ranging from cartels to mergers analysis, private
rights of action, antitrust settlements, etc. The overall result is
a collective work that offers the opportunity to look over the
antitrust world not only as a "cold" field of law, but also as a
lively discipline to whose growth Professor Kovacic has contributed
so much.
In Due Process and Fair Trial in EU Competition Law, Cristina
Teleki addresses the complex relationship between Articles 101 and
102 of the Treaty on the Functioning of the European Union and
Article 6 of the European Convention on Human Rights. The book is
built around the idea that big business can threaten democracy. Due
process and fair trial should be central to the process of
addressing bigness through competition law, by safeguarding
independent decision-making and judicial review and by preventing
competition authorities from growing into administrative behemoths
threatening democracy from inside. To show this, the book combines
a comprehensive review of the case-law of the European Court of
Human Rights with insight from economics, psychology and systems
theory.
The decentralization of competition law enforcement and the
stimulation of private damages actions in the European Union go
hand in hand with the increasingly international character of
antitrust proceedings. As a consequence, there is an ever-growing
need for clear and workable rules to coordinate cross-border
actions, whether they are of a judicial or administrative nature:
rules on jurisdiction, applicable law and recognition, as well as
rules on sharing of evidence, the protection of business secrets,
and the interplay between administrative and judicial procedures.
This book offers in-depth analysis of these long neglected, yet
important, topics. It is the fruit of a research project funded by
the European Commission, which brought together experts in
academia, practice, and policy-making from across Europe and the
United States. The 16 chapters cover the relevant provisions of the
Brussels I and Rome I and Rome II Regulations, the co-operation
mechanisms provided for by Regulation 1/2003, and selected issues
of US procedural law (such as discovery) that are highly relevant
for transatlantic damages actions. Each contribution critically
analyzes the existing legislative framework and formulates specific
proposals that would consolidate and enhance cross-border antitrust
litigation in Europe and beyond. (Series: Studies in Private
International Law - Vol. 8)
Shedding new light on the foundations of European competition law,
this volume is a legal and historical study of the emerging law and
its evolution through the 1980s. It retraces the development and
critical junctures of competition law not only at the level of the
European Economic Community but also at the level of major Member
States of the EEC. Intensely researched and rich with insights, the
chapters in this volume reflect a close collaboration among an
expert group of lawyers and historians and capitalize on previously
unavailable source materials. The book examines several key themes
including: the influence of national and international competition
law on the development of EEC competition law; the drafting of the
regulations that lead to the development of modern EU competition
law; the role of the European Court of Justice in establishing the
protection of competition as a central pillar of the Common Market;
the internal dynamics, ideologies and tensions within the
Competition Directorate General (DG IV) of the European Commission;
and the role of industrial policy in European integration.
Combining legal analysis with a meticulous excavation of historical
evidence to reveal the forces driving key actors and the
interactions among them, this volume rediscovers a past largely
forgotten but essential to understanding the genesis of competition
law in Europe, its role in Europe's construction, its hybrid
institutional traits, and its often unique substance.
This is the tenth in a series of volumes based on the annual
workshops on EU Competition Law and Policy held at the Robert
Schuman Centre of the European University Institute in Florence.
The volume reproduces the materials of the roundtable debate which
examined the interaction between competition law and intellectual
property law. The workshop participants - a group of senior
representatives of the Commission and the national competition
authorities of some EC Member States, reknowned international
academics and legal practitioners - discussed the economic and
legal issues that arise in this particular area of application of
the EC competition rules, under the following headings: 1) whether
the characteristics of intellectual property products/markets
justify special treatment under the competition rules; 2) a
critical assessment of the Block Exemption Regulation and
corresponding Guidelines recently adopted in this area of EC
competition law enforcement; 3) the specific enforcement issues
that arise in relation to patent pools and collecting societies;
and 4) specific problems related to IP in the domains of merger
control and application of Article 82 EC.
In this brilliantly conceived and authoritative work, the eminent
intellectual property specialist Nuno Pires de Carvalho focuses on
the mechanisms, obligations, and opportunities of trade secret
protection under the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS). With the powerful knowledge
base derived from his long experience both at the World Trade
Organization (WTO) and the World Intellectual Property Organization
(WIPO), he illuminates the crucial relationship of antitrust and
industrial property, clearly demonstrating in contrast to much
received wisdom; the intrinsic pro-competitive nature of
intellectual property and of industrial property in
particular.Using an extraordinary wealth of practical detail, and
offering hundreds of pointed hypothetical and actual examples,
Pires de Carvalho dispels the murkiness around such essential
concepts and provisions as the following: the inevitable
interdependence of industrial property and antitrust law; abuses of
patent rights and the vexed issue of patents and monopolies; the
legal implications of international exhaustion under Article 6; the
meaning of balance of rights and obligations under Article 7;
divestiture and the fruits doctrine under Article 32; international
cooperation in identifying antitrust violations in licensing
agreements; protection of confidential information in court
proceedings; protection of undisclosed test data against unfair
commercial use under Article 39. 3; and the WTO Dispute Settlement
Mechanism in the context of undisclosed information.Of special
value in this book is the author's far-reaching analysis of the
controversial emerging field of test data protection in industrial
property. "The TRIPS Regime of Antitrust and Undisclosed
Information" provides a practical and insightful explanation of the
meaning of the relevant TRIPS provisions, of how they should be
reflected in national law and how courts are expected to enforce
them. It combines an easy-to-follow article-by-article commentary
on the TRIPS Agreement with a theoretical scholarly analysis that
makes of it an invaluable resource to all those who wish to
understand industrial property rights at a deeper level. Lawyers,
judges, scholars and government officials will find an abundance of
information and legal analysis here that will help them identify
antitrust issues and solutions to problems of trade secrets posed
by the implementation of the TRIPS Agreement.
In today's highly concentrated marketplaces, social and cultural
values-such as the lifestyle connotations that manufacturers and
sellers confer upon their goods-often shape consumers' prior
beliefs and attitudes and affect the weight given to new
information by consumers who make purchasing decisions in the
marketplace. Such consumer goods present the largely unexplored
problem of contemporary market regulatory theory according to which
an increased amount of product differentiation has rendered
everyday purchasing decisions such as the choice between an iPhone
or a Samsung Galaxy Note as much a matter of personal identity
rather than merely one of tangible product attributes. The basic
challenge for market regulators and courts in such an environment
is to make markets work effectively by providing a more efficient
exchange of information about consumer preferences relating to
tangible product features, functions, and quality. This book
demonstrates that improved legal policy can assist consumers and
increase market efficiency. It acknowledges that once particular
beliefs held by consumers have become culturally or socially
entrenched, they are very difficult to change. What is more,
changing such beliefs is no longer simply a matter of educating
people through the provision of additional information. Developing
a novel framework through a detailed analysis of case law relating
to consumer goods markets, this book delivers an accessible
introduction to the law and economics of consumer decision-making,
and a forceful critique of contemporary market regulatory policy.
This book examines the present state of harmonization of unfair
competition law in Europe. It discusses the particular approach to
unfair competition law in the 10 new Member States and the possible
impact on the future development of European unfair competition
law. The book presents new insight in the importance of unfair
competition law, especially in countries with a developing market
economy.
Building upon a theoretical framework and empirical research, this
book provides a thought-provoking analysis of the interests,
strategies and challenges that China has faced in developing its
Anti-Monopoly Law (AML) in the context of economic globalization.
The book comprises three main parts: Part I reviews the directions
of convergence of global competition law; Part II provides a
contextual analysis of China's market governance and its strategic
interests; and Part III examines the latest enforcement of the
Anti-Monopoly Law by focusing on the interactions between global
actors and China, the relationships between Chinese competition and
sectoral regulators, and the enforcement of global competition law
norms in the Chinese context. This book is one of the first to
provide a critical understanding of China's experience as a new
competition regulator, set against the background of the plural
sources of global competition laws.
Competition policies have long been based on a scholarly tradition
focused on static models and static analysis of industrial
organisation. However, recent developments in industrial
organisation literature have led to significant advances, moving
beyond traditional static models and a preoccupation with price
competition, to consider the organisation of industries in a
dynamic context. This is especially important in the field of
information and communication technology (ICT) network industries
where competition centres on network effects, innovation and
intellectual property rights, and where the key driver of consumer
benefit is technological progress. Consequently, when an antitrust
intervention is contemplated, a number of considerations that arise
out of the specific nature of the ICT sector have to be taken into
account to ensure improved consumer welfare. This book considers
the adequacy of existing EU competition policy in the area of the
ICT industries in the light of the findings of modern economic
theory. Particular attention is given to the implications of these
dynamic markets for the competitive assessment and treatment of the
most common competitive harms in this area, such as non-price
predatory practices, tying and bundling, co-operative standard
setting, platform joint ventures and co-operative R&D.
This is the twelfth in a series on EU Competition Law and Policy
produced by the Robert Schuman Centre of the European University
Institute in Florence. The volume reproduces the written
contributions and transcripts in connection with a roundtable
debate which examined the EU's enforcement policy as regards the
abuse of a dominant position under Article 82 EC. The workshop
participants included: senior enforcement officials and policy
makers from the European Commission, from the national competition
authorities of certain EU Member States and from the US Department
of Justice and Federal Trade Commission; and renowned international
academics, legal practitioners and professional economists. In an
intense, intimate environment, this group of experts debated a
number of legal and economic issues structured according to three
broad lines of discussion: 1) comparisons of the concept of
monopolization under Section 2 of the Sherman Act with that of
abuse of dominance under Article 82 EC; 2) a reformed approach to
exclusionary unilateral conduct; and 3) exploitative unilateral
conduct and related remedies.
"This book offers a well-argued and insightful critical assessment
of the shortcomings of international trade and competition rules in
tackling interventionist State measures in the context of an
economic crisis. Dawar offers an evidence-rich account of the
challenges that State protectionism creates for international trade
liberalisation and for the protection of competition in
international markets. Her insights will be particularly
interesting in the context of current events leading to another
surge of State economic interventionism, both for academics and for
policy-makers with an interest in international trade." Dr Albert
Sanchez-Graells, University of Bristol Law School "This book bursts
the bubble of the self-congratulatory attitude that existing
institutions, which were set up to discipline governments from a
race to the bottom on economic policy, worked well after the
financial crisis. These institutions may have prevented tariff
wars, a big achievement compared to the time of the Great
Depression. But they went along with the subsidies and state aid
that governments put in place after 2007. Such flexibility on
economic policy is essential in turbulent times. But these
institutions are undermined if flexibility comes with a race to the
bottom that shifts money away from policies for the more
marginalized sections of society. At a time when the left behinds
are changing the political landscape of the world, Kamala's book
debunks the myth of the success of existing institutions in
containing the economic fallout of the global financial crisis. It
gives a sobering warning of what might unfold when institutions
deal with economic challenges by turning a blind eye to their own
rules for checking unfair competition." Dr Swati Dhingra, Senior
Lecturer at the Department of Economics, London School of
Economomics 'An impressive contribution to our understanding of the
financial crisis. Dawar's reading of bailouts and buy national
through the lens of competition law and government procurement law
and policy is inspirational.' Professor Mary E Footer, University
of Nottingham School of Law 'The diplomatic fiction that during the
crisis years regional and global trade rules ensured a level
commercial playing field is skewered by Dawar's trenchant legal
analysis.' Professor Simon Evenett, University of St Gallen This
book examines the international regulation of crises bailouts and
buy national policies. It undertakes this research with specific
reference to the crisis years 2008-2012. The book includes a
comparative analysis of the regulation of public procurement and
subsidies aid at both multilateral and regional levels, identifying
the strengths and weakness in the WTO legal framework and selected
regional trade agreements (RTAs). Ultimately, the aim of this work
is to provide options for improving the consistency of these laws
and the regulation of these markets. This is of immediate relevance
for good economic governance, as well as for managing future
systemic financial crises in the interests of citizens: as tax
payers and consumers.
Shortlisted for the 2008 Young Authors Inner Temple Book Prize Are
parallel importers the key to free trade, breaking down
long-established national barriers for the benefit of all? Or do
they instead just operate in a dubious 'grey market' for their own
profit, free-loading on the investment of innovators and brand
owners to the ultimate detriment of everyone? Parallel trade is in
turn lionised and demonised, both in legal commentary and in the
mainstream press. As one might expect, the truth lies somewhere
between these extremes. Once goods have been manufactured they are
put onto the market in one country by the manufacturer. Parallel
trade occurs when the goods are subsequently transferred to a
second country by another party (the parallel trader, who may be
the end consumer). The distinguishing feature of parallel trade is
that the manufacturer did not intend those particular goods to end
up in the second country. The goods are normally described in that
country as 'parallel imports' or 'grey market goods'. The latter
term is generally used to suggest that the trade, while not exactly
'black market', is not entirely lawful either. Understanding how
European Community law operates to permit or restrict parallel
trade involves exploring a complex matrix of rules from the fields
of free movement, intellectual property, competition and regulatory
law, including both private and public enforcement regimes. Where
goods are parallel imported from outside the Community these rules
change and new considerations come into play, such as obligations
arising from the European Economic Area, the World Trade
Organization and bilateral free trade agreements. The experience of
Europe, which has grappled with the issues on a regional basis for
more than four decades, provides a fertile source for examination
of parallel trade in other jurisdictions. Christopher Stothers'
comprehensive treatment successfully analyses this difficult topic,
considering both Community and national decisions.
Using numerous practical examples,this book examines the evolution
of EC telecommunications law following the achievement of
liberalisation, the main policy goal of the 1990s. After reviewing
the development of regulation in the run-up to liberalisation, the
author identifies the methods used to direct the liberalisation
process and tests their validity in the post-liberalisation
context. A critical analysis is made of the claim that competition
law will offer sufficient means to regulate the sector in the
future. Particular emphasis is given to the way in which EC
Competition Law changed in the 1990s using the essential facilities
doctrine, an expansive non-discrimination principle and the
policing of cross-subsidisation to tackle what were then thought of
as regulatory matters. Also examined within the work is the
procedural and institutional interplay between competition law and
telecommunications regulation. In conclusion, Larouche explores the
limits of competition law and puts forward a long-term case for
sector-specific regulation, with a precise mandate to ensure that
the telecommunications sector as a whole fulfils its role as a
foundation for economic and social activity.
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