The Procedural Aspects of the Application of Competition Law

Author: Csongor Istvan Nagy
Publisher: Europa Law Publishing
ISBN: 9789089521873
Format: PDF, Docs
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About the book Although substantive competition law has been largely "Europeanized", procedural law comes, for the most part, under the autonomy of the Member States and, for a long time, thinking on the procedural aspects of competition law's application had not been in the focus of the European scholarship. Nonetheless, recently, "procedure" became one of the most topical issues of European competition law and came to the fore of the scholarly discourse. This edited volume addresses the above subject's pan- European framework and its Central European perspectives with the purpose of channelling the region's experiences into the European discourse. The book's first part (Section 1) examines the general issues of the procedural aspects of competition law's application, while Sections 2 and 3 analyse the administrative competition procedure (and judicial review) and the legal consequences of breaching competition rules in the Czech Republic, Hungary, Poland, Romania and Slovakia. About the editor Dr. Csongor Istvan Nagy Ph.D., LL.M., S.J.D, dr. juris is an associate professor in Hungary, the leader of the Federal Markets "Momentum" Research Group at the Hungarian Academy of Sciences, the head of the Department of Private International Law at the University of Szeged and an attorney- at-law admitted to the Budapest Bar. Furthermore, he is visiting professor at the Central European University, at the Sapientia University of Transylvania and at the Riga Graduate School of Law.

The Modernisation of EC Antitrust Law

Author: Rein Wesseling
Publisher: Hart Publishing
ISBN: 1841131210
Format: PDF, ePub
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This text tries to understand the challenges to EC competition policy by examining the origins of the Community's competition law system. It sketches the development of Community competition law and addresses topical problems of EC competition policy.

Product Liability Law in Transition

Author: Dr Magdalena Tulibacka
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496422
Format: PDF, ePub
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This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

Borders in Central Europe After the Schengen Agreement

Author: Tomáš Havlíček
Publisher: Springer
ISBN: 3319630164
Format: PDF
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This book is the result of research into the considerable impacts the signing of the Schengen Agreement has had on the border regions of the signatory, in particular the Central European internal borders. The analysis provides an in-depth look at European integration, development and perception at the state level as well as in the selected border regions of Central Europe. The book discusses results from population questionnaires in this region, and presents the most important features of development of border regions within Central European internal borders/borderlands after the Schengen Agreement. This book is suitable for students and researchers dealing with the borderlands, but also outlines sufficient information to be of interest to regional planners and policy makers.

European Competition Law Annual 1999

Author: Claus-Dieter Ehlermann
Publisher: Hart Publishing
ISBN: 1841132241
Format: PDF, ePub
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The European Competition Law Annual 1999 is fourth in a series of volumes including the materials of the annual Workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The present volume contains the contributions and commentaries of a group of senior EU policy-makers,renowned academics and international legal experts on the subject of State Aid control - a unique and complex feature of EU competition policy, usually little explored and understood. The contributors concentrated on the aspects of EU State Aid policy that were most contentions and challenging at the time of the fourth edition of the EUI Competition Workshop (June 1999), as following: a) the economic justifications for and effects of State Aids, b) specific problems arising in the control of State Aids in the banking sector, and c) the possibilities for a more decentralised control of State Aids in the EU.

International Antitrust Litigation

Author: JÃ1⁄4rgen Basedow
Publisher: Bloomsbury Publishing
ISBN: 1847318886
Format: PDF, ePub
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The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

EC Private Antitrust Enforcement

Author: Assimakis Komninos
Publisher: Bloomsbury Publishing
ISBN: 1847314082
Format: PDF, ePub, Docs
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This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

Public Procurement and the EU Competition Rules

Author: Albert Sánchez Graells
Publisher: Bloomsbury Publishing
ISBN: 1509900284
Format: PDF, Docs
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Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Greening EU Competition Law and Policy

Author: Suzanne Kingston
Publisher: Cambridge University Press
ISBN: 1139502786
Format: PDF
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One of the fundamental challenges currently facing the EU is that of reconciling its economic and environmental policies. Nevertheless, the role of environmental protection in EU competition law and policy has often been overlooked. Recent years have witnessed a shift in environmental regulation from reliance on command and control to an increased use of market-based environmental policy instruments such as environmental taxes, green subsidies, emissions trading and the encouragement of voluntary corporate green initiatives. By bringing the market into environmental policy, such instruments raise a host of issues that competition law must address. This interdisciplinary treatment of the interaction between these key EU policy areas challenges the view that EU competition policy is a special case, insulated from environmental concerns by the overriding efficiency imperative, and puts forward practical proposals for achieving genuine integration.