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Author: Helen Papaconstantinou
Publisher: Routledge
ISBN: 1136084843
Category : Business & Economics
Languages : en
Pages : 177
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Book Description
This book examines the extent of free trade within the EEC and attempts to establish the conditions under which a State may operate in the Market through the medium of the undertakings which it controls. It discusses the ways in which Member States may tamper with free market forces without infringing the principle of free competition, and whether state liability can be established for such actions. It also assesses the separate liability of both public and private enterprises which operate under such a heavily state-regulated environment that a certain anti-competitive behaviour is virtually imposed upon them. The book concludes that the system as it operates is not as successful as it might be and that the Council of Ministers and the Commission should set guidelines for co-ordinated action in order to avoid national policies leading to a rejection of the free-market principle.
Author: Helen Papaconstantinou
Publisher: Routledge
ISBN: 1136084843
Category : Business & Economics
Languages : en
Pages : 177
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Book Description
This book examines the extent of free trade within the EEC and attempts to establish the conditions under which a State may operate in the Market through the medium of the undertakings which it controls. It discusses the ways in which Member States may tamper with free market forces without infringing the principle of free competition, and whether state liability can be established for such actions. It also assesses the separate liability of both public and private enterprises which operate under such a heavily state-regulated environment that a certain anti-competitive behaviour is virtually imposed upon them. The book concludes that the system as it operates is not as successful as it might be and that the Council of Ministers and the Commission should set guidelines for co-ordinated action in order to avoid national policies leading to a rejection of the free-market principle.
Author: Inge Govaere
Publisher: Edward Elgar Pub
ISBN: 9780857935663
Category : Law
Languages : en
Pages : 478
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Book Description
'Trade and Competition Law in the EU and Beyond is a remarkable collection of scholarly contributions of relevance to academics, practitioners and officials interested not only in rules governing international trade and competition, but also in international economic law in general. the authorship is diversified, representing views of commentators from many countries, and the focus of individual contributions is not only on law de lege lata but also de lege ferenda greatly adding to the volume's value and its input in the ongoing academic discourse.' - Marek Martyniszyn, International Trade Law and Regulation
Author: Anestis S. Papadopoulos
Publisher: Cambridge University Press
ISBN: 1139492381
Category : Law
Languages : en
Pages :
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Book Description
Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.
Author: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
ISBN: 9041154051
Category : Law
Languages : en
Pages : 1642
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Book Description
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.
Author: Fabian Amtenbrink
Publisher: Cambridge University Press
ISBN: 1108474411
Category : Business & Economics
Languages : en
Pages : 853
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Book Description
A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including Brexit.
Author: Josef Drexl
Publisher:
ISBN: 9781306542517
Category : Business & Economics
Languages : en
Pages : 303
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Book Description
Thisbook focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceedingthose of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.?"
Author: David Bailey
Publisher: Oxford University Press, USA
ISBN: 9780198794752
Category : Law
Languages : en
Pages : 0
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Book Description
Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
Author: Valerie Demedts
Publisher: BRILL
ISBN: 9004372962
Category : Law
Languages : en
Pages : 454
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Book Description
While forces of globalization have created a genuine global marketplace, global rules safeguarding the competitive process in this marketplace have not emerged. International cooperation among national regulators and enforcers is therefore needed to create a competitive global business-environment. The Future of International Competition Law Enforcement, using the variety of legal instruments available to the EU as a point of departure, undertakes an original assessment of the EU's cooperation agreements in the field of competition law The work’s focus is on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement; further attention is given to competition provisions in free trade agreements as well as the main multilateral initiatives in this field, in order to determine their relative value.
Author: Jurgita Malinauskaite
Publisher: Springer Nature
ISBN: 3030302334
Category : Law
Languages : en
Pages : 280
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Book Description
This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.
Author: Johan Adriaensen
Publisher: Springer Nature
ISBN: 3030812812
Category : Political Science
Languages : en
Pages : 372
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Book Description
Contemporary trade policy is increasingly framed in geo-strategic terms. But how much of that rhetoric is reflected in actual policy choices by the EU or its trading partners? This book provides a first systematic study of the broader international context in which EU trade agreements are conceived, negotiated, and designed. Building on a refined conceptualisation of geo-economics, the book develops a cogent framework that combines insights from scholarship on the design of free trade agreements with ideas from foreign policy analysis. Empirically, the analysis focuses on the relations between the EU and the Asia-Pacific. Following the United States’ pivot to Asia and the EU’s Global Europe strategy, China’s backyard has become the main arena in which global powers’ geo-economic strategies overlap. Building on a series of case-studies, combining the perspectives from the EU and its trading partners, the book shows that the rhetoric of geo-economic competition is yet to catch up with the actual negotiation and design of free trade agreements. This volume will be of great interest to scholars, students and practitioners who want to gain a holistic understanding of contemporary trade negotiations.
