Limits And Control Of Competition With A View To International Harmonization PDF Download
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| Author | : Jurgen Basedow |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2002-12-05 |
| Genre | : Business & Economics |
| ISBN | : 9789041119674 |
Download Limits and Control of Competition with a View to International Harmonization Book in PDF, ePub and Kindle
Current global developments in antitrust display two chief characteristics. On the one hand, national legislation in this area has proliferated all over the world since the breakdown of the major socialist systems. Today, competition statutes are to be found in more than 80 countries and more than half of them took effect during the past decade. On the other hand, the broad discussion on future harmonization of national antitrust laws as well as on the pros and cons of an international antitrust code or agency has stimulated international cooperation and convergence at various levels. Both strands require profound legal analysis in order to further a deeper understanding of the diverse national competition statutes as well as to pave the way towards global standards for the protection of competition against restrictions. Such standards are viewed as an adequate response to the challenges posed by the globalization of markets. The present comparative study was conceived for the XVIth International Congress of Comparative Law held at Brisbane in July 2002, and it encompasses fifteen national and regional reports from selected countries. Major jurisdictions such as the United States, Australia and Japan are treated alongside with 'newcomers' in antitrust such as Argentina and Poland. Two regional reports covering the European Community and the MERCOSUR complete the picture. Finally, a comparative General Report allows insights into the structural and institutional particularities of the jurisdictions considered and analyzes the harmonization potential in central areas of antitrust.
| Author | : Joseph Wilson |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 402 |
| Release | : 2003-02-01 |
| Genre | : Business & Economics |
| ISBN | : 9041119965 |
Download Globalization and the Limits of National Merger Control Laws Book in PDF, ePub and Kindle
"The proliferation of merger control laws, in the absence of a mechanism to coordinate the transnational merger review, places an unnecessary burden on merging parties, and runs the risk of divergent outcomes, which at times cause friction among nation-states." --
| Author | : Andrea Biondi |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 973 |
| Release | : 2022-01-11 |
| Genre | : Law |
| ISBN | : 9403513101 |
Download After the Damages Directive Book in PDF, ePub and Kindle
International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.
| Author | : Giovanna Massarotto |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 290 |
| Release | : 2019-10-17 |
| Genre | : Law |
| ISBN | : 9403511117 |
Download Antitrust Settlements Book in PDF, ePub and Kindle
Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure—and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU—the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies’ behavior and agencies’ practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law—economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today’s market challenges.
| Author | : Jorge Marcos Ramos |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 524 |
| Release | : 2020-02-20 |
| Genre | : Law |
| ISBN | : 9403520000 |
Download Firm Dominance in EU Competition Law Book in PDF, ePub and Kindle
How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union’s (EU’s) Article 102 case law, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed – today’s tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power—that a dynamic understanding of dominance requires looking both forwards and backwards in time—the author examines such sources of dominance as the following: ‒ statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; ‒ legacy firms such as the telecommunications or transport industries; ‒ natural monopolies, e.g., the exploitation of a mine; ‒ investment efforts undertaken in a competitive environment; ‒ intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; ‒ lucky monopolies; and ‒ anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competition law enforcement should be fine-tuned to adequately incorporate the origins of firm dominance into the analysis of single-firm behavior, the book makes a major contribution to the analysis of anticompetitive effects. Practitioners, competition authorities, and academics in competition law will greatly appreciate the book’s combination of legal analysis and recommendations for policy reform.
| Author | : George Cumming |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 464 |
| Release | : 2011-11-22 |
| Genre | : Law |
| ISBN | : 904114286X |
Download Merger Decisions and the Rules of Procedure of the European Community Courts Book in PDF, ePub and Kindle
Article 340 TFEU, which provides a method of compensation for victims of the Commission’s errors, is invoked as the basis for actions against Commission decisions under the Merger Control Regulation. Accordingly, the rules of procedure of the Community Courts come into play. This probing analysis asks the important questions: What limits can be imposed on the discretion of the Community Courts acting within their own rules of procedure? Is the manner in which the Court of Justice interprets those rules sufficient? Focusing on the crucial Court responsibilities of investigating facts and assessing economic damage in relation to the type of non-contractual liability apparent in antitrust cases, the author convincingly demonstrates that the scope for ‘case management’ by the Courts is strictly limited, and may engender information or evidentiary deficits that contravene ECHR Art 6.1 as well as the principles of effective judicial protection and rectitude of decision. A claim for compensation pursuant to Art 340 TFEU may be struck merely because the basic elements of the cause of action cannot be established to a minimal level.
| Author | : Jürgen Basedow |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 366 |
| Release | : 2007-03-15 |
| Genre | : Law |
| ISBN | : 9041188355 |
Download Private Enforcement of EC Competition Law Book in PDF, ePub and Kindle
The European Commission’s recent Green Paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: – the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; – relevance of the case law that contributes to general principles of European tort law; – comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; – calculation of damages; – passing-on of losses sustained in an upstream market to customers in a downstream market; – procedural devices which may help to overcome the lack of implementation; – duties of disclosure and the burden of proof; – collective actions that may help to overcome the rational abstention of individuals; – pitfalls of leniency programmes implemented by national competition authorities; and – issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.
| Author | : Kal Raustiala |
| Publisher | : Oxford University Press |
| Total Pages | : 326 |
| Release | : 2011 |
| Genre | : History |
| ISBN | : 0199858179 |
Download Does the Constitution Follow the Flag? Book in PDF, ePub and Kindle
The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.
| Author | : Jörg Philipp Terhechte |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 105 |
| Release | : 2011-03-24 |
| Genre | : Law |
| ISBN | : 3642171672 |
Download International Competition Enforcement Law Between Cooperation and Convergence Book in PDF, ePub and Kindle
The international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g. in comparable approaches to combating particularly harmful restraints (so-called "hardcore cartels"). However, the complex terrain of enforcement law has been mainly ignored up to date. Are there common approaches in this field as well? How are the various competition laws linked with each other in respect to procedural norms? This book conceptualizes "International Competition Enforcement Law" against the backdrop of these issues and at the level of comparative law. The ciphers "cooperation" and "convergence" will serve as the two principle ideas for this book.
| Author | : Oliver Budzinski |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 311 |
| Release | : 2008-01-01 |
| Genre | : Business & Economics |
| ISBN | : 1847209939 |
Download The Governance of Global Competition Book in PDF, ePub and Kindle
. . . highly recommendable to anyone interested in international competition policy. Arndt Christiansen, European Competition Law Review This book provides a comprehensive and refreshing analysis of the competition issues raised by the globalisation of markets. It draws on a very wide range of economic and legal sources to assess the manifold proposals for controlling the competitive forces released by the freeing up of world markets. All those interested in these important and largely unresolved issues will find it an invaluable source of reference. Michael A. Utton, University of Reading, UK and Dongbei University of Finance and Economics, Dalian, China The globalization of market competition and business behaviour fosters globalization of cartels and monopolising mergers that can lead to abusive and predatory strategies. The globalization of competition therefore also demands an internationalization of competition policy. However, Oliver Budzinski is realistic in his assertion that supranational competition governance must be built upon the existing, predominantly national, regimes. The resulting multilevel system of antitrust institutions and authorities, he argues, is problematic for the horizontal and vertical allocation of competences. This book employs the economics of federalism to create an analytical framework which can be used for comparative analysis of stylised competence allocation rules. The result is a proposal for a sound international multilevel competition policy system that combines elements of both centralized and decentralized governance. This book provides an innovative and unique perspective on international competition policy and will be of interest to economists, legal scientists and competition authorities as well as academics and practitioners of international governance and international relations and politics.
