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Key features:- Edited by leading academics and an experienced
practitioner - Combines both practical insight and scholarly
analysis - A rich compendium of commentary and analysis on all the
main themes of competition law - Extensive coverage of both
substantive, procedural and enforcement issues in two volumes.
Handbook on European Competition Law: Substantive Aspects sets the
context for examination of substantive law by reviewing and
analyzing the goals of competition law. It then covers the
substantive building blocks of EU competition law, including
horizontal and vertical agreements, cartels, mergers, and also
provides valuable coverage of the interaction between competition
and regulation, hub and spoke collusion, and information exchange
agreements. The importance of the abuse of dominance doctrine is
reflected in three discrete chapters considering exploitative
abuses, exclusionary pricing abuses, and exclusionary non-pricing
abuses. The companion volume, Handbook on European Competition Law:
Enforcement and Procedure, sets out in detail the procedural
aspects of EU Competition Law, ranging from fines, remedies and
judicial review. It also gives unique insight into both private and
public enforcement of completion law, and offers commentary on the
relationship between EU competition law and national competition
law, and on the relationship between competition law and private
international law. This Handbook will be an indispensable reference
work for practitioners and scholars, as well as for those in an
enforcement environment. Contributors: S. Anderman, A. Coscelli, G.
Edwards, G. Faella, M.S. Gal, A. Jones, I. Kokkoris, I. Lianos, L.
Lovdahl Gormsen, D. Mantzari, L.D.S. Morais, R. Nazzini, O. Odudu,
N. Petit, A. Stephan, J. Tapia, F. Wagner-von Papp
Key features:- Edited by leading academics and an experienced
practitioner - Combines both practical insight and scholarly
analysis - A rich compendium of commentary and analysis on all the
main themes of competition law - Extensive coverage of both
substantive, procedural and enforcement issues in two volumes.
Handbook on European Competition Law: Enforcement and Procedure
sets out in detail the procedural aspects of EU competition law,
ranging from fines, remedies and judicial review. It also gives
unique insight into both private and public enforcement of
completion law, and offers commentary on the relationship between
EU competition law and national competition law, and on the
relationship between competition law and private international law.
The companion volume, Handbook on European Competition Law:
Substantive Aspects, sets the context for examination of
substantive law by reviewing and analyzing the goals of competition
law. It then covers the substantive building blocks of EU
competition law, including horizontal and vertical agreements,
cartels, mergers, and also provides valuable coverage of the
interaction between competition and regulation, hub and spoke
collusion, and information exchange agreements. The importance of
the abuse of dominance doctrine is reflected in three discrete
chapters considering exploitative abuses, exclusionary pricing
abuses, and exclusionary non-pricing abuses. This Handbook will be
an indispensable reference work for practitioners and scholars, as
well as for those in an enforcement environment. Contributors: A.
Andreangeli, K. Cseres, C. Genakos, D. Geradin, D.M.B. Gerard, Y.
Katsoulacos, A.P. Komninos, N. Levy, I. Lianos, C. Malamataris,
B.J. Rodger, H. Schweitzer, D. Ulph, J. Wileur
"Competition and the State" analyzes the role of the state across a
number of dimensions as it relates to competition law and policy
across a number of dimensions. This book re-conceptualizes the
interaction between competition law and government activities in
light of the profound transformation of the conception of state
action in recent years by looking to the challenges of
privatization, new public management, and public-private
partnerships. It then asks whether there is a substantive legal
framework that might be put in place to address competition issues
as they relate to the role of the state. Various chapters also
provide case studies of national experiences. The volume also
examines one of the most highly controversial policy issues within
the competition and regulatory sphere--the role of competition law
and policy in the financial sector.
This book, the third in the "Global Competition Law and Economics"
series, provides a number of viewpoints of what competition law and
policy mean both in theory and practice in a development context.
The vast majority of the countries in the world are developing
countries--there are only thirty-four OECD (Organisation for
Economic Co-operation and Development) countries--and yet there is
a serious dearth of attention to developing countries in the
international and comparative law scholarship, which has been
preoccupied with the United States and the European Union.
"Competition Law and Development" investigates whether or not the
competition law and policy transplanted from Europe and the United
States can be successfully implemented in the developing world or
whether the developing-world experience suggests a need for a
different analytical framework. The political and economic
environment of developing countries often differs significantly
from that of developed countries in ways that may have serious
implications for competition law enforcement.
The need to devote greater attention to developing countries is
also justified by the changing global economic reality in which
developing countries--especially China, India, and Brazil--have
emerged as economic powerhouses. Together with Russia, the
so-called BRIC countries have accounted for thirty percent of
global economic growth since the term was coined in 2001. In this
sense, developing countries deserve more attention not because of
any justifiable differences from developed countries in competition
law enforcement, either in theoretical or practical terms, but
because of their sheer economic heft. This book, the second in the
"Global Competition Law and Economics" series, provides a number of
viewpoints of what competition law and policy mean both in theory
and practice in a development context.
Over the last three decades, the field of antitrust law has grown
increasingly prominent, and more than one hundred countries have
enacted competition law statutes. As competition law expands to
jurisdictions with very different economic, social, cultural, and
institutional backgrounds, the debates over its usefulness have
similarly evolved.
This book, the first in a new series on global competition law,
critically assesses the importance of competition law, its
development and modern practice, and the global limits that have
emerged. This volume will be a key resource to both scholars and
practitioners interested in antitrust, competition law, economics,
business strategy, and administrative sciences.
This volume of essays casts light on the shape and future direction
of the EU in the wake of the Lisbon Treaty and highlights the
incomplete nature of the reforms. Contributors analyse some of the
most innovative and most controversial aspects of the Treaty, such
as the role and nature of the EU Charter of Fundamental Rights and
the relationship between the EU and the European Court of Human
Rights. In addition, they reflect on the ongoing economic and
financial crisis in the Euro area, which has forced the EU Member
States to re-open negotiations and update a number of aspects of
the Lisbon 'settlement'. Together, the essays provide a variety of
insights into some of the most crucial innovations introduced by
the Lisbon Treaty and in the context of the adoption of the new
European Financial Stability Mechanism.
This casebook, designed for a readership of graduate students,
policy makers, and practitioners in competition law, aims to
provide a comprehensive reference on EU and UK competition law.
While the majority of the text comprises analysis supplemented with
detailed commentary and analysis of judgments, NCA and Commission
decisions, and legislation, the casebook also gives a high-level
introduction to the design and history of EU and UK competition
law, including an overview of the main actors and their objectives,
furnishing students with the understanding of the law required to
practise competition law. In particular, the casebook takes an
interdisciplinary approach to the subject, featuring a substantial
section on the economic context of competition law accessible even
to those with no economics background. The book is accompanied by
specialist volumes on intellectual property and enforcement and
procedure.
Less than a decade after the Financial Crisis, we are witnessing
the fast emergence of a new financial order driven by three
different, yet interconnected, dynamics: first, the rapid
application of technology - such as big data, machine learning, and
distributed computing - to banking, lending, and investing, in
particular with the emergence of virtual currencies and digital
finance; second, a disintermediation fuelled by the rise of
peer-to-peer lending platforms and crowd investment which challenge
the traditional banking model and may, over time, lead to a
transformation of the way both retail and corporate customers bank;
and, third, a tendency of de-bureaucratisation under which new
platforms and technologies challenge established organisational
patterns that regulate finance and manage the money supply. These
changes are to a significant degree driven by the development of
blockchain technology. The aim of this book is to understand the
technological and business potential of the blockchain technology
and to reflect on its legal challenges. The book mainly focuses on
the challenges blockchain technology has so far faced in its first
application in the areas of virtual money and finance, as well as
those that it will inevitably face (and is partially already
facing, as the SEC Investigative Report of June 2017 and an ongoing
SEC securities fraud investigation show) as its domain of
application expands in other fields of economic activity such as
smart contracts and initial coin offerings. The book provides an
unparalleled critical analysis of the disruptive potential of this
technology for the economy and the legal system and contributes to
current thinking on the role of law in harvesting and shaping
innovation.
Due to the growing influence of economics and economists in
competition law and policy discourse and the internationalization
of antitrust, the equity versus efficiency trade-off debate has
played a defining role in the transformation of the dominant
paradigm governing competition law enforcement since at least the
1970s. The debate remains crucial today as issues of economic
inequality and its interaction with efficiency become of central
concern to policy and decision-makers in competition law, as well
as in other spheres of public policy. Despite their central role in
the grammar of competition law on the global plane, the
intellectual underpinnings of the interactions between 'equity' and
'efficiency' in the context of competition law have never been
examined in-depth. This book aims precisely to fill this gap by
discussing new approaches in understanding the role of efficiency
and equity concerns in competition law.
The food industry is a notoriously complex economic sector that has
not received the attention it deserves within legal scholarship.
Production and distribution of food is complex because of its
polycentric character (as it operates at the intersection of
different public policies) and its dynamic evolution and
transformation in the last few decades (from technological and
governance perspectives). This volume introduces the global value
chain approach as a useful way to analyse competition law and
applies it to the operations of food chains and the challenges of
their regulation. Together, the chapters not only provide a
comprehensive mapping of a vast comparative field, but also shed
light on the intricacies of the various policies and legal fields
in operation. The book offers a conceptual and theoretical
framework for competition authorities, companies and academics, and
fills a massive gap in the competition policy literature dealing
with global value chains and food.
Due to the growing influence of economics and economists in
competition law and policy discourse and the internationalization
of antitrust, the equity versus efficiency trade-off debate has
played a defining role in the transformation of the dominant
paradigm governing competition law enforcement since at least the
1970s. The debate remains crucial today as issues of economic
inequality and its interaction with efficiency become of central
concern to policy and decision-makers in competition law, as well
as in other spheres of public policy. Despite their central role in
the grammar of competition law on the global plane, the
intellectual underpinnings of the interactions between 'equity' and
'efficiency' in the context of competition law have never been
examined in-depth. This book aims precisely to fill this gap by
discussing new approaches in understanding the role of efficiency
and equity concerns in competition law.
Brands and brand management have become a central feature of the
modern economy and a staple of business theory and business
practice. Contrary to the law's conception of trademarks, brands
are used to indicate far more than source and/or quality. This
volume begins the process of broadening the legal understanding of
brands by explaining what brands are and how they function, how
trademark and antitrust/competition law have misunderstood brands,
and the implications of continuing to ignore the role brands play
in business competition. This is the first book to engage with the
topic from an interdisciplinary perspective, hence it will be a
must-have for all those interested in the phenomenon of brands and
how their function is recognized by the legal system. The book
integrates both a competition and an intellectual property law
dimension and explores the regulatory environment and case law in
both Europe and the United States.
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