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Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights (Hardcover, 1st ed. 2016)
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Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights (Hardcover, 1st ed. 2016)
Series: LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition
Expected to ship within 12 - 17 working days
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This book provides an unparalleled comparative analysis of two "hot
topics" in the field of antitrust and unfair competition laws with
regard to a number of key countries. The first part of the book
examines the consistency and compatibility of transactional
resolutions of antitrust proceedings (such as settlement
procedures, leniency programmes and commitments) with due process
and the fundamental rights of the parties. This is a particularly
important topic, given the widespread adoption of these procedures
by anti-trust authorities worldwide. The individual chapters
consider how the leniency, settlement and commitments procedures
have developed across a range of jurisdictions, and discuss the
extent to which checks and balances have been applied in those
national procedures in order to safeguard the fundamental rights of
the parties involved. A detailed international report identifies
general trends and highlights the differences between and most
interesting features of national regulations. The second part of
the book gathers contributions from various jurisdictions on the
unfair competition-related question of the online exhaustion of IP
rights. As commerce is increasingly moving online, the respective
chapters consider the extent to which exhaustion and similar
concepts have adapted to these rapid changes. The comprehensive and
insightful international report brings together these reflections
by comparing various national positions. The book also includes the
resolutions passed by the General Assembly of the LIDC following a
debate on each of these topics, which include proposed solutions
and recommendations. The international League of Competition Law
(LIDC) is a long-standing international association that focuses on
the interface between competition law and intellectual property
law, including unfair competition issues.
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