Competition Law And Public Interests

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Competition Laws, National Interests and International Relations

Author : Ko Unoki
Publisher : Routledge
ISBN 13 : 100075989X
Total Pages : 165 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Competition Laws, National Interests and International Relations by : Ko Unoki

Download or read book Competition Laws, National Interests and International Relations written by Ko Unoki and published by Routledge. This book was released on 2019-10-28 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of the competition laws currently enforced by states aim to protect consumer welfare and promote fair competition by regulating against anticompetitive behavior. Yet despite the shared objectives the global community does not have a common global competition law. In exploring the reasons for this, this book takes a unique interdisciplinary approach by using international relations theories to illustrate the relationship between the enforcement of competition laws and international relations through an analysis of competition cases relating to cartels, extraterritoriality, and corporate mergers and acquisitions. Through an examination of this relationship, this book will consider why the views held by state leaders on the condition of international relations may at times lead them to either arbitrarily over-enforce or disregard their competition laws to the detriment of fair competition and consumer welfare. This book also provides suggestions for global business investors who face competition law issues on how they may accommodate such views.

Intellectual Property, Market Power and the Public Interest

Author : Inge Govaere
Publisher : Peter Lang
ISBN 13 : 9789052014227
Total Pages : 322 pages
Book Rating : 4.0/5 (142 download)

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Book Synopsis Intellectual Property, Market Power and the Public Interest by : Inge Govaere

Download or read book Intellectual Property, Market Power and the Public Interest written by Inge Govaere and published by Peter Lang. This book was released on 2008 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objective of the contributions to this book is to bring together two seemingly different strands of thought: the competition-law analysis of the exercise of intellectual property, and the discussion about the proper limits of protection, which at present takes place inside the intellectual property community. Both are burdened with their own problems, particularly so in Europe, where market integration and the divide between exclusionary and exploitative abuses ask for a more dimensional approach, and where the shaping of intellectual property protection is under not only the influence of many interests and policies, but a multi-level exercise of the Community and its member states. The question is whether, nevertheless, there is a common concern, or whether the frequently asserted convergence of the operation and of the goals of competition law and intellectual property law does not mask a fundamental difference - namely that of, on the one hand, protecting freedom of competition against welfare-reducing restrictions of competition only, and, on the other, limiting the protection of exclusive rights in the (public) interest of maintaining free access to general knowledge. The purpose of the workshop held in 2007 at the College of Europe, Bruges, and whose results are published here, was to ask which role market power plays in either context, which role it may legitimately play, and which role it ought not to play. A tentative answer might be found in the general principle that, just as intellectual property does not enjoy a particular status under competition law, so competition law may not come as a white knight to rescue intellectual property protection from itself. However, the meaning of that principle differs according to both the context of the acquisition and the exploitation of intellectual property, and it differs from one area of intellectual property to the other. Therefore, an attempt has also been made to cover more facets of the prism-like complex of problems than is generally done.

Public Services and EU Competition Law

Author : Daniele Gallo
Publisher : Taylor & Francis
ISBN 13 : 1000589293
Total Pages : 132 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Public Services and EU Competition Law by : Daniele Gallo

Download or read book Public Services and EU Competition Law written by Daniele Gallo and published by Taylor & Francis. This book was released on 2022-06-09 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.

In the Public Interest

Author : Stephen Wilks
Publisher : Manchester University Press
ISBN 13 : 9780719055744
Total Pages : 408 pages
Book Rating : 4.0/5 (557 download)

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Book Synopsis In the Public Interest by : Stephen Wilks

Download or read book In the Public Interest written by Stephen Wilks and published by Manchester University Press. This book was released on 1999 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together for the first time five French directors who have established themselves as among the most exciting and significant working today: Bruno Dumont, Robert Guédiguian, Laurent Cantet, Abdellatif Kechiche, and Claire Denis. Whatever their chosen habitats or shifting terrains, each of these highly distinctive auteurs has developed unique strategies of representation and framing that reflect a profound investment in the geophysical world. The book proposes that we think about cinematographic space in its many different forms simultaneously (screenspace, landscape, narrative space, soundscape, spectatorial space). Through a series of close and original readings of selected films, it posits a new 'space of the cinematic subject'. Accessible and wide-ranging, this volume opens up new areas of critical enquiry in the expanding interdisciplinary field of space studies. It will be of immediate interest to students and researchers working not only in film studies and film philosophy, but also in French/Francophone studies, postcolonial studies, gender and cultural studies.Listen to James S. Williams speaking about his book http://bit.ly/13xCGZN. (Copy and paste the link into your browser)

Competition Law and Public Interests

Author : Mart Kneepkens
Publisher :
ISBN 13 : 9789462368408
Total Pages : 0 pages
Book Rating : 4.3/5 (684 download)

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Book Synopsis Competition Law and Public Interests by : Mart Kneepkens

Download or read book Competition Law and Public Interests written by Mart Kneepkens and published by . This book was released on 2019-01-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should self-regulation that serves public interests be shielded from the cartel prohibition? Or should public interests have a place in the balancing exercise of Article 101(3) TFEU? Is it legally possible to admit anti-competitive mergers when they are still in the best interest of society? Competition Law and Public Interests covers these fundamental and topical questions, and examines the relation between competition law and public interests in general. Based on a profound and structured analysis, this book proposes new frameworks for reconciling public interests and competition law. The two new frameworks introduce several new applications of EU (and Dutch) competition law on cartels and mergers. In addition, this book also includes descriptions of the current law - i.e. explanations of case law and authorities' practices. All in all, readers are provided with well-reasoned guidance on how conflicts between competition law and public interests can be resolved. Competition Law and Public Interests is relevant for lawyers and policy makers with an interest in the relation between competition law and public interests, such as practitioners and academics. For those who handle competition law matters in the banking sector, the book is especially suited, as it contains many references to and assessments of cases involving banks.

Competition Law and Public Interests

Author : Mart Kneepkens
Publisher :
ISBN 13 : 9789462749429
Total Pages : pages
Book Rating : 4.7/5 (494 download)

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Book Synopsis Competition Law and Public Interests by : Mart Kneepkens

Download or read book Competition Law and Public Interests written by Mart Kneepkens and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Should self-regulation that serves public interests be shielded from the cartel prohibition? Or should public interests have a place in the balancing exercise of Article 101(3) TFEU? Is it legally possible to admit anti-competitive mergers when they are still in the best interest of society? Competition Law and Public Interests covers these fundamental and topical questions, and examines the relation between competition law and public interests in general. Based on a profound and structured analysis, this book proposes new frameworks for reconciling public interests and competition law. The two new frameworks introduce several new applications of EU (and Dutch) competition law on cartels and mergers. In addition, this book also includes descriptions of the current law - i.e. explanations of case law and authorities' practices. All in all, readers are provided with well-reasoned guidance on how conflicts between competition law and public interests can be resolved. Competition Law and Public Interests is relevant for lawyers and policy makers with an interest in the relation between competition law and public interests, such as practitioners and academics. For those who handle competition law matters in the banking sector, the book is especially suited, as it contains many references to and assessments of cases involving banks. Bron: Flaptekst, uitgeversinformatie.

Services of General Economic Interest in EU Competition Law

Author : Lei Zhu
Publisher : Springer Nature
ISBN 13 : 9462653879
Total Pages : 320 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Services of General Economic Interest in EU Competition Law by : Lei Zhu

Download or read book Services of General Economic Interest in EU Competition Law written by Lei Zhu and published by Springer Nature. This book was released on 2020-05-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.

Non-Competition Interests in EU Antitrust Law

Author : Or Brook
Publisher : Cambridge University Press
ISBN 13 : 1108943772
Total Pages : 573 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Non-Competition Interests in EU Antitrust Law by : Or Brook

Download or read book Non-Competition Interests in EU Antitrust Law written by Or Brook and published by Cambridge University Press. This book was released on 2022-07-28 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Based on an original quantitative and qualitative database of over 3,100 cases, this book records all of the public enforcement actions of Article 101 TFEU taken by the Commission, EU Courts, and the national competition authorities and courts of five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). The book not only exposes explicit tools in which non-competition interests played a role, but also sheds light on the “dark matter” of balancing, namely, invisible forms of balancing triggered by the institutional and procedural setup of the competition enforcers. Moreover, it contributes to the empirical-legal study of various other aspects of EU competition law enforcement, such as its objectives, the more economic approach, decentralized enforcement, and the functioning and success of Regulation 1/2003.

Landmark Cases in Competition Law

Author : Barry Rodger
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041146717
Total Pages : 408 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Landmark Cases in Competition Law by : Barry Rodger

Download or read book Landmark Cases in Competition Law written by Barry Rodger and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.

Public Interest in Law

Author : Luboš Tichý
Publisher :
ISBN 13 : 9781780689708
Total Pages : 0 pages
Book Rating : 4.6/5 (897 download)

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Book Synopsis Public Interest in Law by : Luboš Tichý

Download or read book Public Interest in Law written by Luboš Tichý and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The contributions focus on the definition of public interest and the distinction between public and private interest. Further, they define the relevant 'public' and investigate the weight of public interest in case of conflict with other considerations and the legal consequences of its breach.

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis

Author : Ingrid Nitsche
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041317
Total Pages : 194 pages
Book Rating : 4.0/5 (413 download)

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Book Synopsis Broadcasting in the European Union:The Role of Public Interest in Competition Analysis by : Ingrid Nitsche

Download or read book Broadcasting in the European Union:The Role of Public Interest in Competition Analysis written by Ingrid Nitsche and published by T.M.C. Asser Press. This book was released on 2001-05-30 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.

Communications in EU Law : Antitrust Market Power and Public Interest

Author : Antonio Bavasso
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119744
Total Pages : 450 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Communications in EU Law : Antitrust Market Power and Public Interest by : Antonio Bavasso

Download or read book Communications in EU Law : Antitrust Market Power and Public Interest written by Antonio Bavasso and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.

The Causes and Consequences of Antitrust

Author : Fred S. McChesney
Publisher : University of Chicago Press
ISBN 13 : 9780226556352
Total Pages : 426 pages
Book Rating : 4.5/5 (563 download)

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Book Synopsis The Causes and Consequences of Antitrust by : Fred S. McChesney

Download or read book The Causes and Consequences of Antitrust written by Fred S. McChesney and published by University of Chicago Press. This book was released on 1995-03-15 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has antitrust legislation not lived up to its promise of promoting free-market competition and protecting consumers? Assessing 100 years of antitrust policy in the United States, this book shows that while the antitrust laws claim to serve the public good, they are as vulnerable to the influence of special interest groups as are agricultural, welfare, or health care policies. Presenting classic studies and new empirical research, the authors explain how antitrust caters to self-serving business interests at the expense of the consumer. The contributors are Peter Asch, George Bittlingmayer, Donald J. Boudreaux, Malcolm B. Coate, Louis De Alessi, Thomas J. DiLorenzo, B. Epsen Eckbo, Robert B. Ekelund, Jr., Roger L. Faith, Richard S. Higgins, William E. Kovacic, Donald R. Leavens, William F. Long, Fred S. McChesney, Mike McDonald, Stephen Parker, Richard A. Posner, Paul H. Rubin, Richard Schramm, Joseph J. Seneca, William F. Shughart II, Jon Silverman, George J. Stigler, Robert D. Tollison, Charlie M. Weir, Peggy Wier, and Bruce Yandle.

Making Markets Work for Africa

Author : Eleanor M. Fox
Publisher : Oxford University Press, USA
ISBN 13 : 0190930993
Total Pages : 249 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Making Markets Work for Africa by : Eleanor M. Fox

Download or read book Making Markets Work for Africa written by Eleanor M. Fox and published by Oxford University Press, USA. This book was released on 2019 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on market law and policy in sub-Saharan Africa. It shows how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and raise the standard of living for their people while preserving their values of inclusive development. It studies particular countries and particular regions, delving deeply into the facts.

Broadcasting in the European Union:The Role of Public Interest in Competition Analysis

Author : Ingrid Nitsche
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067044516
Total Pages : 0 pages
Book Rating : 4.0/5 (445 download)

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Book Synopsis Broadcasting in the European Union:The Role of Public Interest in Competition Analysis by : Ingrid Nitsche

Download or read book Broadcasting in the European Union:The Role of Public Interest in Competition Analysis written by Ingrid Nitsche and published by T.M.C. Asser Press. This book was released on 2001-05-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.

Competition Law Enforcement in the BRICS and in Developing Countries

Author : Frederic Jenny
Publisher : Springer
ISBN 13 : 331930948X
Total Pages : 363 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Competition Law Enforcement in the BRICS and in Developing Countries by : Frederic Jenny

Download or read book Competition Law Enforcement in the BRICS and in Developing Countries written by Frederic Jenny and published by Springer. This book was released on 2016-06-13 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.

Higher Education Institutions in the EU: Between Competition and Public Service

Author : Andrea Gideon
Publisher : Springer
ISBN 13 : 946265168X
Total Pages : 272 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Higher Education Institutions in the EU: Between Competition and Public Service by : Andrea Gideon

Download or read book Higher Education Institutions in the EU: Between Competition and Public Service written by Andrea Gideon and published by Springer. This book was released on 2017-02-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the impact of EU law and policy on the Member States’ higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.