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The Procedural Aspects of the Application of Competition Law, Editor's Preface

The Procedural Aspects of the Application of Competition Law, Editor's Preface
Author: Csongor István Nagy
Publisher:
Total Pages: 15
Release: 2016
Genre:
ISBN:

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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.


The Procedural Aspects of the Application of Competition Law

The Procedural Aspects of the Application of Competition Law
Author: Csongor István Nagy
Publisher:
Total Pages: 0
Release: 2016
Genre: 86.70 competition law
ISBN: 9789089521873

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Between Menarini and Delta Pekarny. Strasbourg view on intensity of judicial review in competition laws / Maciej Bernatt -- Fair trial in competition matters: the European Ombudsman's perspective / Réka Friedery -- Due process in EU Commission competition law proceedings. what lessons (not) to learn for structuring the rights of defense at the national level? / Pieter Van Cleynenbreugel -- Procedural fairness in the European Commission's competition procedure. recent case-law on the ECJ's review of inspections / Mónika Papp -- The Procedural aspects of the application of competition law. consumers' participation in competition law procedures / Katalin Cseres -- Private antitrust enforcement and private international law. recent developments / Mihail Danov -- Criminal antitrust enforcement and procedural fairness. a critical analysis / Peter Whelan -- Administrative (competition) procedure and judicial review in Serbia / Dragan Gajin & Zoltan Vig -- Administrative competition procedure and judicial review in the Czech Republic / Michal Petr -- Administrative competition procedure and judicial review in Hungary / Csongor István Nagy -- Administrative competition procedure and judicial review in Poland / Krystyna Kowalik-Bańczyk, Małgorzata Krasnodębska-Tomkiel & Grzegorz Materna -- Administrative competition procedure and judicial review in Romania / Adriana Almăşan -- Administrative competition procedure and judicial review in the Slovak Republic / Ondrej Blažo -- The legal consequences of breaching competition rules in the Czech Republic / Michal Petr -- The legal consequences of breaching competition rules in Hungary / Csongor István Nagy -- The legal consequences of breaching competition rules in Poland / Krystyna Kowalik-Bańczyk, Małgorzata Król-Bogomilska & Anna Zientara -- The legal consequences of breaching competition rules in Romania / Emőd Veress -- The legal consequences of breaching competition rules in the Slovak Republic / Ondre


The Consistent Application of EU Competition Law

The Consistent Application of EU Competition Law
Author: Adriana Almășan
Publisher: Springer
Total Pages: 295
Release: 2017-01-04
Genre: Law
ISBN: 3319473824

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In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.


Handbook on European Competition Law

Handbook on European Competition Law
Author: Damien Geradin
Publisher:
Total Pages: 665
Release: 2013-12-13
Genre: Law
ISBN: 9781848445536

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Résumé de l'éditeur: Key features: * Edited by leading academics and an experienced practitioner * Combines both practical insight and scholarly analysis * A rich compendium of commentary and analysis on all the main themes of competition law * Extensive coverage of both substantive, procedural and enforcement issues in two volumes. Handbook on European Competition Law: Substantive Aspects sets the context for examination of substantive law by reviewing and analyzing the goals of competition law. It then covers the substantive building blocks of EU competition law, including horizontal and vertical agreements, cartels, mergers, and also provides valuable coverage of the interaction between competition and regulation, hub and spoke collusion, and information exchange agreements. The importance of the abuse of dominance doctrine is reflected in three discrete chapters considering exploitative abuses, exclusionary pricing abuses, and exclusionary non-pricing abuses. The companion volume, Handbook on European Competition Law: Enforcement and Procedure, sets out in detail the procedural aspects of EU Competition Law, ranging from fines, remedies and judicial review. It also gives unique insight into both private and public enforcement of completion law, and offers commentary on the relationship between EU competition law and national competition law, and on the relationship between competition law and private international law. This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.


EU Competition Law

EU Competition Law
Author: Armando Avallone
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN: 9789077644300

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Competition Law of the European Union

Competition Law of the European Union
Author: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
Total Pages: 1618
Release: 2021-03-01
Genre: Law
ISBN: 9041154051

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This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.


EU Competition Procedure

EU Competition Procedure
Author: Luis Ortiz Blanco
Publisher:
Total Pages:
Release: 2013
Genre: Competition
ISBN: 9780191793080

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This third edition fully updates the work to reflect recent legislative developments and a wealth of recent case law, in particular in relation to merger control and state aid. Consideration is given as to how EC Regulation 1/2003 (antitrust rules) have been applied and reviews their enforcement. Coverage also includes discussion of the fining practice of the European Commission and the judicial review of this practice by the Community Courts. There is also a new Part dedicated to the procedural aspects of arbitration as an efficient alternative means of dispute resolution in the private enforcement of EU competition law claims. As a practical guide to procedure, focusing on the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts, this is an indispensable resource for all practitioners involved in competition proceedings before the European Commission and national competition authorities--Provided by Publisher.


Competition Law

Competition Law
Author: John Charles Duns
Publisher:
Total Pages: 0
Release: 2006
Genre: Competition, Unfair
ISBN: 9780409322453

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Presents extracts from the leading decisions made under the competition provisions of the Trade Practices Act 1974, and State application legislation, together with extracts from relevant Parliamentary Committees, Australian Competition and Consumer Commission publications and academic commentary.


Due Process and Fair Trial in EU Competition Law

Due Process and Fair Trial in EU Competition Law
Author: Cristina Teleki
Publisher: BRILL
Total Pages: 392
Release: 2021-05-17
Genre: Business & Economics
ISBN: 9004447490

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In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.