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Author: Gordon Blanke
Publisher: Kluwer Law International B.V.
ISBN: 9041127607
Category : Law
Languages : en
Pages : 1052
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Book Description
EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.
Author: Gordon Blanke
Publisher: Kluwer Law International B.V.
ISBN: 9041127607
Category : Law
Languages : en
Pages : 1052
Get Book Here
Book Description
EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.
Author: Gordon Blanke
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 2210
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Book Description
Author: Jurgen Basedow
Publisher: Bloomsbury Publishing
ISBN: 1847318878
Category : Law
Languages : en
Pages : 520
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Book Description
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.
Author: Gordon Blanke
Publisher: Kluwer Law International B.V.
ISBN: 9041127607
Category : Law
Languages : en
Pages : 1052
Get Book Here
Book Description
EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.
Author: Vedant Singh
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
At first glance, it may appear that arbitration and antitrust issues are incompatible. After all, antitrust laws are designed to promote competition and protect the public good, while arbitration is a private process in which parties choose arbitrators to resolve their disputes outside of the public justice system. However, in the past few years, a body of jurisprudence on the intersection of arbitration and competition law has been growing. This includes cases in which parties have sought to use arbitration to resolve antitrust disputes, as well as cases in which competition law issues have arisen in the context of arbitration proceedings. One key issue is whether arbitrators are equipped to deal with the complexities of antitrust law, and whether their decisions are subject to review by public authorities. The role of arbitrators in competition law cases is another important consideration. Unlike judges in the public justice system, arbitrators are chosen by the parties and do not have the same level of authority or independence. This can raise questions about their ability to apply antitrust laws effectively and impartially. On the other hand, arbitration may offer certain advantages over litigation, such as greater flexibility, confidentiality, and speed. Another area of concern is the relationship between public institutions like the European Commission (EC), national competition authorities, and arbitrators. While competition authorities have traditionally played a central role in enforcing antitrust laws, some have argued that arbitrators can also contribute to this effort by promoting compliance with competition rules and ensuring that antitrust issues are adequately addressed in arbitration proceedings. However, there are also concerns about the potential for conflicting decisions and the need to coordinate effectively between different institutions.This article seeks to delve into the applicability of the arbitration process for competition law issues. The first leg of the paper will elaborate on the expanding jurisprudence on the intersection of arbitration and competition law matters, the second leg will look into the functions of the arbitrator in competition law cases and the last leg of this paper will develop on the relationship between public institutions like the European Commission (EC), national competition authorities and the arbitrators.
Author: Björn Lundqvist
Publisher: Edward Elgar Publishing
ISBN: 1784713015
Category : Law
Languages : en
Pages : 297
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Book Description
This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blom
Author: Mark R. Joelson
Publisher: Kluwer Law International B.V.
ISBN: 9041191089
Category : Law
Languages : en
Pages : 576
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Book Description
Despite the continuing inter-government cooperation over the regulation of international commerce, significant cross-country differences persist in areas such as merger control, notification to authorities, and remedies deemed appropriate for antitrust enforcement. Accordingly, companies must be aware of the rules that apply in the countries in which they do business. This fourth edition of the Kintner-Joelson classic International Antitrust Primerprovides a thorough update of the status of competition regulation in a number of key jurisdictions, including up-to-date case law involving the technology giants Google, Microsoft, Amazon, Apple, and Facebook. Coverage focuses on the European Union and the United States — which continue to be foremost in the enforcement and refinement of comprehensive competition laws — but also takes into account the vast strides that are being made elsewhere, with chapters on South Korea, Japan, and India, as well as a chapter on the United Kingdom with a section on the post-Brexit implications. The book provides essential guidance on such issues of concern to business persons and their counsel as the following: • intellectual property rights; • extent and kind of criminal sanctions; • extraterritorial reach; • mergers and acquisitions; • level and type of enforcement activity; • effects of national foreign or domestic policy; • permissible cooperation among competitors; and • public procurement. Business persons, government officials, students, lawyers, and others who have been relying on this preeminent resource for years will greatly appreciate this thoroughly updated edition. There is nothing else that so lucidly and helpfully explains competition law for those who require a working knowledge of the subject to proceed confidently in their day-to-day work.
Author: Mel Marquis
Publisher: Edward Elgar Publishing
ISBN: 9781783478859
Category : Actions and defenses
Languages : en
Pages : 0
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Book Description
With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence.
Author: José R. Mata Dona
Publisher: Edward Elgar Publishing
ISBN: 178897400X
Category : Law
Languages : en
Pages : 643
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Book Description
This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578234476
Category : Antitrust law
Languages : en
Pages : 697
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Book Description
This volume contains articles and panel discussions delivered during the Forty-first Annual Fordham Competition Law Institute Conference on International Antitrust Law & Policy. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publication, where necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy.
