Due Process and Anti-competitive Practices

Due Process and Anti-competitive Practices PDF Author:
Publisher:
ISBN:
Category : Competition, International
Languages : en
Pages : 354

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Book Description
Reports presented at a seminar organized by the Institute in March 1993.

Due Process and Anti-competitive Practices

Due Process and Anti-competitive Practices PDF Author:
Publisher:
ISBN:
Category : Competition, International
Languages : en
Pages : 354

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Book Description
Reports presented at a seminar organized by the Institute in March 1993.

Remedies in EU Competition Law

Remedies in EU Competition Law PDF Author: Damien Gerard
Publisher: Kluwer Law International B.V.
ISBN: 9403522445
Category : Law
Languages : en
Pages : 347

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Book Description
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.

Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights

Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights PDF Author: Bruce Kilpatrick
Publisher: Springer
ISBN: 331927158X
Category : Law
Languages : en
Pages : 681

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Book Description
This book provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines the consistency and compatibility of transactional resolutions of antitrust proceedings (such as settlement procedures, leniency programmes and commitments) with due process and the fundamental rights of the parties. This is a particularly important topic, given the widespread adoption of these procedures by anti-trust authorities worldwide. The individual chapters consider how the leniency, settlement and commitments procedures have developed across a range of jurisdictions, and discuss the extent to which checks and balances have been applied in those national procedures in order to safeguard the fundamental rights of the parties involved. A detailed international report identifies general trends and highlights the differences between and most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition-related question of the online exhaustion of IP rights. As commerce is increasingly moving online, the respective chapters consider the extent to which exhaustion and similar concepts have adapted to these rapid changes. The comprehensive and insightful international report brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The international League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

The Design of Competition Law Institutions

The Design of Competition Law Institutions PDF Author: Eleanor M Fox
Publisher: Oxford University Press
ISBN: 0199670048
Category : Law
Languages : en
Pages : 518

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Book Description
Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence from international institutions. Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptions of influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and of consultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules. Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU, as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network. The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offer lessons for all interested in competition law and global governance.

Policing Anticompetitive Practices and Protecting the Competitive Process Through Adjudication Vs. Rulemaking

Policing Anticompetitive Practices and Protecting the Competitive Process Through Adjudication Vs. Rulemaking PDF Author: Henry Su
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This chapter examines whether the US Federal Trade Commission should be pursuing any aspect of its competition enforcement mission through substantive rulemaking. Assuming, for the sake of argument, that the agency has the requisite authority to engage in competition rulemaking, the question on the table is whether it should do so, in addition to or in lieu of case-by-case adjudication in its administrative tribunal and in the courts. In answering this question, three practical considerations loom large: (1) developing an evidentiary record to support the finding of a violation of US antitrust law, (2) providing due process to those targeted by the agency for enforcement, and (3) fostering alignment with the US Department of Justice's Antitrust Division and the courts in the articulation and evolution of US antitrust policy. Important lessons relating to each of these considerations can be drawn from the agency's enforcement program in the 1960s and 1970s against the spate of vertical mergers in the cement industry.

Private Enforcement of Antitrust

Private Enforcement of Antitrust PDF Author: Arianna Andreangeli
Publisher: Edward Elgar Publishing
ISBN: 1849806144
Category : Law
Languages : en
Pages : 423

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Book Description
Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers has been at the forefront of the EU Commission agenda for a long time. Starting fr

The Antitrust Paradox

The Antitrust Paradox PDF Author: Robert Bork
Publisher:
ISBN: 9781736089712
Category :
Languages : en
Pages : 536

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Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Antitrust, Competition Policy & State Professional Regulation

Antitrust, Competition Policy & State Professional Regulation PDF Author:
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 52

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Book Description


Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Antitrust Enforcement Guidelines for International Operations

Antitrust Enforcement Guidelines for International Operations PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 40

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Book Description