The Procedural Aspects of the Application of Competition Law

Author: Csongor Istvan Nagy
Publisher: Europa Law Publishing
ISBN: 9789089521873
Format: PDF, Kindle
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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.

Rediscovering Competition

Author: Roland Sturm
Publisher: Springer-Verlag
ISBN: 3663123391
Format: PDF, ePub, Mobi
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The volume consists of two parts. First, in two contributions, the basics of the debate on regulatory policy in Germany and Great Britain are presented. In a second step academics from Political Science, Economics and Law as well as decision-makers from Poland, the Czech Republic, Slovakia and Hungary discuss competition law, institutional aspects of competition control offices and regulatory policy in East Central Europe with an additional focus on transport. The contributions of the decision-makers should be considered as insider reports.

Product Liability Law in Transition

Author: Dr Magdalena Tulibacka
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496422
Format: PDF, ePub, Docs
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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.

A Framework for European Competition Law

Author: Christopher Townley
Publisher: Bloomsbury Publishing
ISBN: 1509916458
Format: PDF, Mobi
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This book asks whether the current push to increase uniformity in substantive and procedural competition policy and enforcement in Europe, as well as in related institutional structures, is desirable. It focuses on European Union (EU) competition policy and enforcement (related to Articles 101 and 102 TFEU and the merger rules), the equivalent rules in the Member States, and the relationships between these different legal orders. Uniformity has many benefits; yet, the advantages of diversity are also legion, enabling more policy experimentation and innovation; and improving the ability to accommodate national preferences. Contrary to the overwhelming view of academics, practitioners and regulators in this area, the book argues that uniformity is insufficient and examines ways of achieving a better mix of uniformity and diversity (the EU's motto is 'United in Diversity'). To achieve this better mix, the book offers a new framework for European competition law: Co-ordinated Diversity. Finally, this book discusses whether Co-ordinated Diversity fits with the current legal order in the EU, as well as the EU constitutional settlement more generally, and suggests some ways that it might be made compatible with this order with relative ease. The book's impact could be significant: changing the results in individual cases; the way cases are argued; and what information is relevant. More importantly, it builds the theoretical foundations for fundamentally altering the way in which the EU and the Member States' competition authorities interact, allowing space for disagreement and uncertainty. The aim is to improve the effiiciency and effectiveness of competition policy-making and enforcement in Europe. It should also increase the legitimacy in this field (rebalancing towards the Member States). Co-ordinated Diversity provides a new way of seeing the EU that better blends difference, when this is demanded, with uniformity and its benefits, as necessary. A timely and ambitious work, this book will be read with interest by all competition scholars.

International Antitrust Litigation

Author: JÃ1⁄4rgen Basedow
Publisher: Bloomsbury Publishing
ISBN: 1847318886
Format: PDF, ePub, Mobi
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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.

Neue Wohnungsgemeinn tzigkeit

Author: Jan Kuhnert
Publisher: Springer-Verlag
ISBN: 3658175702
Format: PDF, Docs
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In diesem Buch werden umsetzungsorientierte Konzepte zur Einführung einer neuen Wohnungsgemeinnützigkeit in Deutschland auf der Grundlage der Erfahrungen in ihrer langen Geschichte (1851 bis 1989) entwickelt. Hierfür werden historische, rechtliche und politische Gesichtspunkte sowie die europarechtlichen Rahmenbedingungen aufbereitet. Anhand der Beispiele von Österreich und den Niederlanden werden auch zwei aktuelle Wege einer sozialen Wohnraumversorgung analysiert und nutzbar gemacht. Für eine neue Wohnungsgemeinnützigkeit werden schnell umsetzbare Maßnahmen sowie ein detailliertes Konzept für den Aufbau eines größeren gemeinwohlorientierten Wohnungsangebotes vorgeschlagen.

Making European Private Law

Author: Fabrizio Cafaggi
Publisher: Edward Elgar Publishing
ISBN: 1848441274
Format: PDF
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This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.

Legal Aspects of Privatisation

Author: Bulent Seven
Publisher: Universal-Publishers
ISBN: 9781581121742
Format: PDF
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The main aims of this thesis are as follows:(a) To present a comprehensive analysis of the concept of privatisation its origins and limits, (b) To identify the legal and institutional framework for privatisation in different European countries from a comparative perspective; (c) To define and analyse particularly legal issues which arise during the privatisation transactions: e.g. labour law, competition law etc.; (d) To evaluate which features of the successful legal and organisational framework of privatisation have been successful so as to provide guidelines for those individuals and organisations participating in the privatisation exercises.This work found out that there is no simple, internationally applicable recipe for privatisation; various legal methods and techniques can be used to privatise state owned enterprises. Because each country has different circumstances, it is impossible to provide a unique model for privatisation; each country needs to design its own model according to its circumstances.Privatisation is an essential but insufficient element for structural economic reform in the economy and society. Privatisation is not a panacea, it is not the solution to every economic and administrative problem; selling an enterprise to the private sector does not mean an end to all problems. Also privatisation is not an overnight process or a magic touch; it will be a lengthy process. Furthermore, a decision that something can be privatised does not mean that it should be privatised.In that context, privatisation is not good or bad; it is an economic and social instrument. If it is well designed it may bring substantial benefits to the economy and society.In many countries, many state owned enterprises, particularly the ones which are financially weak, have still not been privatised. This finding revealed that the privatisation process will be in the political and economic agenda for at least few more decades.

The Competition Law of Central and Eastern Europe

Author: Marjo Ojala
Publisher:
ISBN: 9780421590502
Format: PDF
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Provides analysis of the competition laws of the major Central and Eastern European states as they align their competition laws with those of the EU preparation for EU membership in the 21st century. The book opens with a brief historical overview and introduces the main features of the socialist system. The contents of the European Agreements that have been signed with the Eastern European countries are provided and analyzed, with attention given to the competition provisions and their implementation.