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A Practical Guide to National Competition Rules Across Europe (Hardcover, 2nd New edition)
Loot Price: R8,475
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A Practical Guide to National Competition Rules Across Europe (Hardcover, 2nd New edition)
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Over the last three years, the anti-trust environment in Europe has
undergone major changes, as the so called process of modernisation
gathers pace. In May 2004, the European Commission lost its
exclusive jurisdiction to deal with restrictive agreements and
dominance. As a result EU Member States' national competition
authorities acquired the power to implement European competition
rules, as embodied in Articles 81 and 82 of the EC Treaty. This
decentralisation of power means that companies operating in several
Member States must be aware of each jurisdictions' relevant
competition rules to ensure full compliance. Those wishing to
complain about anti-competitive practices can now choose between
different national competition authorities. Being able to identify
the strengths and weaknesses of different competition regimes is
therefore important for both those who wish to ensure compliance
and those who want to complain about anti-competitive activities.
However by outsourcing the burden of implementing the anti-trust
rules, some wonder whether the EU's competition regime has taken a
step closer to the US regime. Since 1 May 2004 we have been waiting
for an explosion of cases in the national courts based on breaches
of the competition rules. To date this has not happened. Is this
because of obstacles such as the lack of treble damages, class
actions and contingency fees? As a result of the above changes,
advising on competition issues in Europe requires not only an
understanding of the competition rules in each jurisdiction, but
also an understanding of how the national courts deal with
competition cases. The second edition of "A Practical Guide to
National Competition Rules across Europe" aims to address these
issues. Firstly it provides practical information on the
competition regimes (including merger control) in each of the EU
member states as well as Norway and Switzerland. Secondly it
analyses the civil procedure rules in each jurisdiction and
considers the extent to which competition litigation is likely to
increase in the future. Each country chapter has been prepared by
experienced competition lawyers. The second edition of the guide
also includes a comparable analysis of the competition rules in
Europe with those in other jurisdictions including Australia,
Canada, Japan, and the United States. Marjorie Holmes is an
experienced competition lawyer and litigator and Lesley Davey, a
competition lawyer, both from Reed Smith Richards Butler LLP, draw
on the information provided in each of the country chapters to
reach interesting and important conclusions and recommendations.
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