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This timely book examines the field of European and global
standardisation, showing how standards give rise to a multitude of
different legal questions. Each chapter offers in-depth analysis of
a number of key policy areas such as food safety, accounting,
telecommunications and medical devices. These multi-disciplinary
contributions go beyond the field of law, and provide
cross-disciplinary comparisons. Demonstrating how standards enter
the European legal system in a variety of ways, the book studies
their relevance for public and private law alike. While the trade
advantages of using standards in regulation are undeniable, the
contributors elucidate how standard-setting processes have departed
from the purely private realm to enter the stage of public
regulation. This inevitably raises the issue of whether
standardisation is supported by sufficient legitimacy guarantees.
The contributions provide valuable insights to answering this
question, highlighting cross-cutting reflections on the topic, and
case studies on specific policy areas. This analytical book will be
of interest to students and scholars researching in the fields of
EU and global standardisation, EU law and trade law. It will also
be a useful resource for practitioners focusing on regulation and
standardisation. Contributors include: D. Bevilacqua, M. Cantero
Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M.
Faure, M. Gerardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P.
Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. Volpato
The book examines the rights of defendants in infringement
procedures and those of the notifying parties in merger proceedings
before the European Commission and the Chinese competition
authorities. The initial chapters offer a general introduction to
EU and Chinese competition law respectively, paying particular
attention to the substantive rules of competition law. Subsequent
chapters present an overview of the procedural rights of the
notifying parties in merger cases in both legal systems surveyed,
address the procedural rights of defendants in infringement cases,
and provide an international perspective on differences in the
notification and enforcement procedures between legal systems. The
final chapter draws comparative conclusions and includes a number
of suggestions for improvement.
The book examines the rights of defendants in infringement
procedures and those of the notifying parties in merger proceedings
before the European Commission and the Chinese competition
authorities. The initial chapters offer a general introduction to
EU and Chinese competition law respectively, paying particular
attention to the substantive rules of competition law. Subsequent
chapters present an overview of the procedural rights of the
notifying parties in merger cases in both legal systems surveyed,
address the procedural rights of defendants in infringement cases,
and provide an international perspective on differences in the
notification and enforcement procedures between legal systems. The
final chapter draws comparative conclusions and includes a number
of suggestions for improvement.
This open access book offers a comparative and inter-disciplinary
perspective on the unique competition law challenges presented by
the converged digital markets. Following the digitalisation of even
the most traditional brick and mortar sectors of the economy, a
well-functioning internal market can only be guaranteed by ensuring
the competitiveness of the digital markets. What role do
intellectual property law and competition law play in this digital
world? How can a more economic analysis strengthen innovation
policies to achieve a truly competitive digital single market? The
book provides a rigorous discussion of the many reasons why the
regulatory responses, not just in Europe, but in other
jurisdictions too, may fall short. It addresses an array of
procedural, substantive, and other issues that are generating
intense debate across the antitrust community. This includes the
scope and objectives of digital regulation, whether the application
of ex-ante rules would result in fragmentation and inconsistencies,
and whether such regulatory regimes are an appropriate tool for
substantive assessment. The book explores whether the application
of these rules would effectively tackle the competition enforcement
challenges seen under the competition laws, whether they can be
applied without undermining other rights such as privacy, and
whether they are appropriate for this digital age as well as the
new digital era ahead of us. Part 1 offers a detailed
inter-disciplinary perspective on the most recent legislative
solutions in the European Union, namely, the Digital Services Act,
the Digital Markets Act, and the Data Act. Part 2 offers
competition and regulatory responses to these ever-emerging digital
challenges by the UK, Latin American, Indian and Chinese
regulators. The ebook editions of this book are available open
access under a CC BY 4.0 licence on bloomsburycollections.com.
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