European Competition Law Annual 2012

Author: Philip Lowe
Publisher: Bloomsbury Publishing
ISBN: 1849468311
Format: PDF, Kindle
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This volume contains papers presented at the 17th Annual EU Competition Law and Policy Workshop, organized by Philip Lowe and Mel Marquis and held at the European University Institute on 13-14 July 2012. From a variety of angles the book explores the themes of competition, regulation and certain public policies; their interactions; and, in some cases, their mutual tensions. The authors of the various chapters consider legal and economic issues relating to network industries, industrial, environmental and trade policies, and intellectual property and innovation policies, among others. Comparative views and the views of judges from different jurisdictions are provided, and techniques for mediating among different policy objectives and frameworks are discussed. Authors contributing to this book include: Rafael Allendesalazar, Robert D Anderson, Marco Boccaccio, Ginevra Bruzzone, Cristina Caffarra, Alexandre de Streel, Ian Forrester, Douglas Ginsburg, Geert Goeteyn, Calvin Goldman, Daniel Haar, KÃ1⁄4llike JÃ1⁄4rimäe, Suzanne Kingston, Lars Kjà ̧lbye, Paul Lugard, Mel Marquis, Veljko Milutinovic, Giorgio Monti, Anna Caroline MÃ1⁄4ller, Rosa Perna, Anthony Pygram, Philip Lowe, Pierre Régibeau and Jon Stern.

European Competition Law Annual 2013

Author: Philip Lowe
Publisher: Bloomsbury Publishing
ISBN: 1509900489
Format: PDF, ePub, Docs
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This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

Abuse of Dominance in EU Competition Law

Author: Pier Luigi Parcu
Publisher: Edward Elgar Publishing
ISBN: 1785367625
Format: PDF, ePub
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Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.

European Competition Law Annual 2009

Author: Claus Dieter Ehlermann
Publisher: Hart Pub Limited
ISBN: 9781849460736
Format: PDF, ePub, Mobi
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Every year, top-level market regulators, academics, and legal practitioners attend the annual competition law workshop organized by the Robert Schumann Center for Advanced Studies at the European University Institute in Florence. The attendees are invited to discuss a particular set of critical issues in EU competition law and policy, and participants either prepare in advance a written contribution on the issues of the workshop or contribute to the oral debate afterwards. The meetings are closed to the public, but both the oral discussions and the written contributions are published shortly after the event. This volume reproduces the 2009 debate, which examined the evaluation of evidence and its judicial review in competition cases.

The Concept of Abuse in EU Competition Law

Author: Pinar Akman
Publisher: Bloomsbury Publishing
ISBN: 1847318908
Format: PDF, ePub, Docs
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The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.

EU Competition Law and the Information and Communication Technology Network Industries

Author: Andrej Fatur
Publisher: Bloomsbury Publishing
ISBN: 1847319130
Format: PDF, ePub, Mobi
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Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.

The Role of the Court of Justice of the European Union in Competition Law Cases

Author: Massimo Merola
Publisher: Emile Bruylant
ISBN: 9782802735663
Format: PDF, ePub, Mobi
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Twenty years have gone by since the establishment of the General Court of the European Union (EU). Against the wealth of judgments that have been handed down in this time, this book provides a thorough analysis of the system ofjudicial review in competition law cases. The book compiles a series of studies and commentaries prepared by high-profile academics, judges, public officiais, and practitioners for the Sixth Annual Conference of the Global Competition Law Centre (GCLC), a research tenter of the College of Europe. A broad range of issues relating to the European Courts' case-law on the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union ("TFEU"), the EU Merger Regulation ("EUMR") and the State aid rules are examined. Topics covered include, in particular, the effectiveness of the EU judicial review system, procedural issues, standing, the Court's unlimited jurisdiction vis-à-vis the imposition of fines, the protection of fundamental rights, challenges raised by expert economic evidence, and the pros and cons of specialist competition tribunats. The objective of the current volume of the GCLC Annual Conference Series isto provide further impetus to the lively debates currently taking place amongst academics, policy makers and practitioners on the role of the judicature in competition law cases. Besides the valuable information that it contains on past and current judicial practice of the EU Courts, this book also provides thoughts on the future of the EU competition judicature.Thus, it will be of primary interest to EU competition lawyers, to EU judges, and European Commission officiais alike.

The Oxford Handbook of International Antitrust Economics

Author: Roger D. Blair
Publisher: Oxford University Press
ISBN: 019938861X
Format: PDF, ePub
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More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.

Competition Law of Canada

Author: Calvin S. Goldman
Publisher: Juris Publishing, Inc.
ISBN: 1578230969
Format: PDF, ePub, Mobi
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Written by leading members of the Competition Practice Groups of Davies Ward Phillps & Vineberg LLP and Blake Cassels & Graydon LLP, Competition Law of Canada is the definitive work on the subject and is recognized by the Canadian legal Expert Directory 2002 as most frequently cited as the leading loose leaf service on Canadian competiton law. Organized in a logical, easily accessible format, this work provides comprehensive analysis, historical perspective and practical examination of Canadian competition law. All the major areas of competition law are examined in individual detailed chapters.

International Antitrust Law Policy Fordham Corporate Law 2004

Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578232074
Format: PDF, ePub, Docs
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"This volume contains articles and panel discussions delivered during the Thirty-first Annual Fordham Corporate Law Institute Conference on International Antitrust Law & Policy in New York City on October 7 and 8, 2004".