Vertical Agreements and Competition Law

Author: Sandra Marco Colino
Publisher: Bloomsbury Publishing
ISBN: 1847315615
Format: PDF
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This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale price maintenance in 1997, whilst most recently and most significantly in 2007 the Leegin case followed suit for minimum resale price maintenance. The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.

EU and US Competition Law Divided in Unity

Author: Csongor István Nagy
Publisher: Routledge
ISBN: 1317140508
Format: PDF, ePub, Docs
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This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.

Resale Price Maintenance and Vertical Territorial Restrictions

Author: Barbora Jedlicková
Publisher: Edward Elgar Publishing
ISBN: 1783477741
Format: PDF, ePub, Mobi
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Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.

Competition Law of the EU and UK

Author: Sandra Marco Colino
Publisher: Oxford University Press
ISBN: 0199587329
Format: PDF, ePub
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This student-friendly and engaging textbook is an excellent introduction to competition law. With a comparative approach, it gives clarity to the differences and similarities between EU and UK systems. Providing up-to-date coverage of cases and legislative changes, it explains the fundamental economic concepts of this area of the law.

Trade and Competition Law in the Eu and Beyond

Author: Inge Govaere
Publisher: Edward Elgar Publishing
ISBN: 0857935674
Format: PDF, Docs
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This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond. Written from an international perspective, hotly debated topics include: challenges in international monetary law; the EU and free trade; treaty interpretation; WTO dispute settlement; the domestic law effect of the WTO in the EU and public and private enforcement of competition law, amongst many others. Set out to become a key work of reference for many legal practitioners, policy makers and academics alike across the globe, Trade and Competition Law in the EU and Beyond uniquely tackles the two very different, yet related, topics of trade and competition law.

Vertical Natural Gas Transportation Capacity Upstream Commodity Contracts and EU Competition Law

Author: Kim Talus
Publisher: Kluwer Law International
ISBN: 9041134077
Format: PDF, Mobi
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Because the EU depends on a very small number of external suppliers for its natural gas, energy security issues inevitably arise. In theory, competition law should regulate and adjudicate such issues. Yet, because contracts between EU companies and producers are highly sensitive and politically charged, the application of EU competition law to natural gas contracts is far from clear. This important book, drawing on ECJ case law, Commission administrative cases and inquiries, and the full range of relevant legal and economic theory, provides an extremely valuable and detailed study of how EU competition law can be applied to long-term natural gas capacity reservation and commodity contracts. Issues and topics such as the following arise in the course of the analysis: Third Gas Market Directive provisions; Article 102 TFEU cases on strategic under-investment; pre-liberation or "legacy" gas contracts (e.g., with Algeria and Russia); "right of first refusal"; take-or-pay requirement; third-party access; ownership unbundling; effect of elimination of priority access regimes; short-term trading; spot markets; and law and economics of vertical restraints. Focusing on the foreclosing effect of long-term upstream commodity contracts, the author recommends restrictions on the use of capacity reservation contracts, and analyses the efficacy of security of supply as a competition law defence in cases relating to such contracts.

Global Competition Law and Economics

Author: Einer Elhauge
Publisher: Bloomsbury Publishing
ISBN: 1847317677
Format: PDF, Docs
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This is the second edition of the acclaimed text on global antitrust law. With markets becoming increasingly global, mergers requiring approval in several different jurisdictions, cartels in one nation affecting supply in others, and countries increasingly entering into treaties with each other about the content or enforcement of competition laws, antitrust law is now a truly global phenomenon. Modern antitrust law is also different because it now reflects an increasingly economic approach to analysing antitrust and competition policy. This innovative work is the only truly comparative and economically sophisticated casebook on the market. Addressed to students from all jurisdictions having competition laws, this casebook provides an in-depth analysis of the two major global antitrust regimes in the world, as well as a summary of selected national antitrust laws. As such it will also serve as a useful reference for practitioners, competition officials and policy-makers interested in competition law. In the four years since the first edition, the increased globalization of antitrust law has continued apace. China, the world's third largest economy after the EU and US, has adopted an antitrust law and other nations have modified and modernized their antitrust regimes. The EU has adopted a new EU Treaty, new EU guidelines on abuse of dominance, new EU guidelines on non-horizontal mergers, and new EU regulations and guidelines on vertical agreements. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the appearance of a new economic approach in the revised 2010 U.S. Merger Guidelines. This new edition expands and updates the pioneering approach of the first edition, addressing new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea, with expanded coverage of China's new antitrust law, and the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela. Praise for the first edition '...worthy of considerable praise...contains a vast collection of well-chosen material taking in a wide span of both antitrust and merger law issues. It is well written and clear throughout, particularly on the economic concepts, and provides incisive commentary and questions which inspire further study.' Peter Whelan, Cambridge Law Journal 'Enlightened law professors and law schools will best serve their students not by teaching national competition law but by adopting Global Competition Law and Economics...an excellent book for introductory courses in comparative competition law at either a graduate or undergraduate level.' Okeoghene Odudu, Common Market Law Review '...the best four-and-a-half centimetres of shelf-space that I have seen devoted to competition law and policy issues for a very long time†?.' Yvonne van Roy, New Zealand Law Journal 'Free from the ideologically-driven perspective that can affect other antitrust casebooks, this is also the first casebook organized from inception with an eye directly on the global context...this book may be used in a classroom in Europe just as it will be used in the U.S. The result is a highly welcome contribution to the evolution of competition studies.' Judge Douglas Ginsburg '...this book is the only one on the market that is extremely well suited for use in a comparative antitrust law class...an extraordinarily teachable book that contains everything you might want to present...Finally, the comparative antitrust field has a standard textbook to use. And a wonderful standard it is.' Robert H Lande, University of Baltimore Law School

Comparative Competition Law

Author: John Duns
Publisher: Edward Elgar Publishing
ISBN: 1785362577
Format: PDF, ePub, Mobi
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Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.

Revista De Concorrencia E Regula ao ano I no

Author: Autoridade Da Concorrencia
Publisher:
ISBN: 9789724044774
Format: PDF, Kindle
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EDITORIAL Doutrina Doutrina Geral Alberto Saavedra The Relationship between the Leniency Programme and Private Actions for Damages at the EU Level Fernando Pereira Ricardo A aquisição de participações ou de activos da empresa insolvente e o conceito de concentração de empresas Patrícia Lopes Segredos de negócio versus direitos de defesa do arguido nas contra- ordenações da concorrência Dossier Temático I Restrições verticais Miguel Gorjão-Henriques/Miguel Sousa Ferro - The Latest Reform of EU Competition Law on Vertical Restraints Laurence Idot - La pratique de l'Autorité française de concurrente en matière de restrictions verticales loannis Lianos Upfront Access Payments, Category Management and the New Regulation of Vertical Restraints in EU Competition Law- Importing the Retail Side of the Story Dossier Temático II Restrições horizontais Arianna Andreangeli - Modernizing the Approach to Article 101 TFEU in Respect to Horizontal Agreements- Has the Commission's Interpretation Eventually Come of Age? Silke Obst/Laura Stefanescu New Block Exemption Regulation for the Insurance Sector Main Changes Legislação Legislação nacional Legislação nacional de regulação - Setembro a Dezembro de 2010 Jurisprudência Comentário de Jurisprudência da União Europeia Acórdão do Tribunal de Justiça de 14 de Setembro de 2010 no Processo C-550/07 P, Akzo Nobel Chemicals Ltd e Akcros Chemicals Ltd c. Comissão Europeia - Helena Gaspar Martinho Jurisprudência Geral Jurisprudência nacional de concorrência - Setembro a Dezembro de 2010 Jurisprudência nacional de regulação (CMVM) - Setembro a Dezembro de 2010 Jurisprudência de concorrência da União Europeia - Setembro a Dezembro de 2010 Bibliografia Recensões Sandra Marco Colino, Vertical Agreements and Competition Law- A Comparative Study of the EU and US Regimes, Oxford/Portland, Oregon- Hart Publishing, 2010 - Cristina Camacho Jonathan D.C. Turner, Intellectual Property and EU Competition Law, Oxford- Oxford University Press, 2010 - Ricardo Bayão Horta Brucc Ackerman,The Decline and Fall of the American Republic,Cambridge, Massachusetts/London- The Belknap of Harvard University Press, 2010 - Miguel Nogueira de Brito Novidades bibliográficas - Setembro a Dezembro de 2010 Actualidades Notas Curriculares Colaboração com a Revista de Concorrência e Regulação Órgãos Sociais,

Business Markets and Government in the Asia Pacific

Author: Rongyi Wu
Publisher: Psychology Press
ISBN: 9780415183024
Format: PDF, Mobi
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Exploring the thorny issues of industrial organisation, competition policy and liberalization in the Asia-Pacific region, this book examines the ways in which governments regulate business. Using case studies from China, the USA, New Zealand, Thailand, Malaysia and Japan, the authors take a comparative look at the evolution of policies and their implementation on the ground. With a specific focus on the energy, transport and telecommuncations sectors, this book represents the most up-to-date analysis of the ways in which governments in the Asia-Pacific are coping with rapid industrial and economic change.