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Books > Law > Jurisprudence & general issues > Comparative law
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Landmark Cases in Competition Law - Around the World in Fourteen Stories (Hardcover)
Loot Price: R3,952
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Landmark Cases in Competition Law - Around the World in Fourteen Stories (Hardcover)
Series: International Competition Law Series
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It is the thesis of this fascinating and highly instructive book on
competition law that an examination of one landmark case, scenario,
or 'saga' each from a range of legal systems leads to a thorough
understanding of the issues informing and arising from competition
policy, law, and legal practice. To that end, leading scholars from
14 jurisdictions enhance their academic authority and rigour with
an element of panache to describe a particularly salient case in
each of their countries, commenting in depth on the contribution of
the case to the development of their particular competition law
culture and to the case's enduring significance for competition law
and its enforcement from a global perspective. There are chapters
for each of thirteen countries as well as the European Union,
preceded by an informative and thoughtful introduction. For each
landmark case selected, the legislative background, the case facts,
and the legal ruling and reasoning are all minutely described,
along with commentary, critique, and assessment of the case's
impact and contemporary significance. The cases cover vast swathes
of the competition law territory in terms of substance and
procedure, dealing with cartels, abuse of dominance, mergers, and
vertical restraints, and involving diverse forms of public and
private enforcement processes. Aspects covered include the
following: the public interest test; bid-rigging in public
procurement; the entitlement of dominant companies to compete on a
level footing with other companies; the hard-to-draw line between
legitimate competition and unlawful monopolizing conduct; the
dangers of eclectic borrowing in the development and interpretation
of competition law rules; horizontal price-fixing collusion 'hub
and spoke' cartels; resale price maintenance agreements and the
U.S. 'rule of reason'; the increasing use of private enforcement
and the right for victims of a competition law infringement to seek
compensation; merger control in energy markets and the political
use of merger review rules to benefit domestic firms; cooperation
with criminal enforcement agencies and prosecutors; the role courts
play in undertaking adequate legal supervision of competition
authorities; leniency processes and obtaining access to
'confidential' whistleblowing documentation; imposition of
administrative fines and other deterrence-based sanctions; and how
the 'consumer welfare' standard is interpreted. More than a set of
landmark case descriptions, this book, in which many chapters
reflect upon recent and consider further future significant
reforms, demonstrates that competition law and its enforcement
processes form part of a chronological narrative, and that it is
important to understand the broader legal, social, and economic
context within which competition law and policy develop.
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