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Microsoft on Trial analyses the antitrust cases that have involved
Microsoft in both sides of the Atlantic and offers a thorough and
timely discussion on the regulation of unilateral behaviour in a
topical sector. This fascinating and highly topical book
facilitates discussion on the difficult technical, legal and
economic issues with respect to innovation, competition and welfare
raised, through the span of more than a decade, by the US and EC
Microsoft antitrust cases. It assesses their impact on the
evolution of EC and US laws on competition and intellectual
property in the IT sector and beyond. The book, which adopts a
multidisciplinary approach (IT, law, economics), benefits from the
valuable insights of twenty contributors from both sides of the
Atlantic, including those that were directly involved in the EC
case. Practitioners, advanced postgraduates and academics will find
this unique book an essential resource.
This book presents a conceptual framework for analysing the
definitions of State aid and subsidy in EC and WTO law. This is
done through a comparative analysis, examining the coherence of the
conceptual understanding of the crucial, but still elusive, issue
of the definition of subsidy. The first, important finding is that
the topic is not only technical but raises more fundamental
questions about the objectives of subsidy control in a given legal
system and, more radically, about the goals of that system itself.
The analysis does not only concentrate on the state of the law but
critically looks forward offering suggestions for new
interpretations and law reform. The book focuses on the substantive
provisions of the EC and WTO relating to what are identified by the
author as the core properties of a notion of subsidy, ie a form of
public action, the grant of an economic advantage and the ensuing
impact on the competitive process. The current regulation in EC and
WTO law is analysed, compared and assessed in depth, and tested
against a baseline represented by of a notion of subsidy inserted
in a subsidy regulation pursuing certain objectives. Drawing on the
results of the comparative exercise, the book argues that both
systems can learn valuable lessons from each other to achieve a
greater coherence and a more efficient regulatory system.
This comprehensive and insightful book discusses in detail the many
innovations and shortcomings of the historic Lisbon version of the
Treaty on European Union and what is now called the Treaty on the
Functioning of the European Union. Divided into six parts, the 23
chapters provide 'after Lisbon' perspectives on law and governance
of the EU, its powers and nature, the Charter of Fundamental
Rights, EU external action and policy, justice and criminal policy,
and economic governance. The authors, drawn from eleven EU Member
States, offer a uniquely diverse and extensive coverage of the new
EU law and policy after Lisbon. The book argues that while the
Treaty of Lisbon has to be considered a milestone in the history of
European integration, its shortcomings and open questions will make
a future major treaty inevitable. The Treaty of Lisbon and the
Future of European Law and Policy will appeal to postgraduate
students and academics in European law and policy, EU institutions,
diplomatic missions, lobbying, NGOs, specialized lawyers and
governments.
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