Convergence Of Competition Laws And Policies In The European Community

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Convergence of Competition Laws and Policies in the European Community

Author : Michaela Drahos
Publisher : Springer
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Convergence of Competition Laws and Policies in the European Community by : Michaela Drahos

Download or read book Convergence of Competition Laws and Policies in the European Community written by Michaela Drahos and published by Springer. This book was released on 2001-02-20 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars have observed a gradual convergence of national European cartel laws towards EC competition law in recent years. Furthermore, most writers ascribe an important role in this convergence process to the influence of and pressure from the European Community. This is a remarkable conclusion considering the diversity that could be noticed only decades ago and the fact that the European Community has taken no direct legal action to harmonise national competition laws. These observations give rise to two questions: First, what is the extent of this convergence process and on which aspects do differences persist? Secondly, what have been the driving forces behind this development, and especially, what has been the role of the European Community in it? The study concentrates on three countries, namely Germany, Austria, and the Netherlands, which represented different models only some decades ago. The book aims at providing more insight into the development of competition policy in the EC and into the adaptation of national regulatory policy to EC law in general. This book is of interest to lawyers, political scientists, and economists working in the field of competition policy, as well as to scholars interested in European integration in general.

Convergence of competition laws and policies in the European Community : Germany, Austria, and the Netherlands

Author : Michaela Drahos
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis Convergence of competition laws and policies in the European Community : Germany, Austria, and the Netherlands by : Michaela Drahos

Download or read book Convergence of competition laws and policies in the European Community : Germany, Austria, and the Netherlands written by Michaela Drahos and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Competition Law and Economics

Author : Abel Moreira Mateus
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807035
Total Pages : 457 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Competition Law and Economics by : Abel Moreira Mateus

Download or read book Competition Law and Economics written by Abel Moreira Mateus and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.

Evolutionary Trends of EC Competition Law - Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis

Author : Luís Silva Morais
Publisher : Leya
ISBN 13 : 9724041670
Total Pages : 42 pages
Book Rating : 4.7/5 (24 download)

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Book Synopsis Evolutionary Trends of EC Competition Law - Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis by : Luís Silva Morais

Download or read book Evolutionary Trends of EC Competition Law - Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis written by Luís Silva Morais and published by Leya. This book was released on 2023-07-24 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Luís Silva Morais - Evolutionary Trends of EC Competition Law ? Convergence and Divergence with US Antitrust Law in a Context of Economic Crisis Este artigo faz parte da Revista de Concorrência e Regulação ? Ano 1 ? N.o 1 ? Janeiro-Março 2010 Consulte a página da revista em http://cr.almedina.net Esta revista está também disponível como parte de uma Assinatura.

Competition Policy in the EU

Author : Xavier Vives
Publisher : OUP Oxford
ISBN 13 : 0191570605
Total Pages : 398 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Competition Policy in the EU by : Xavier Vives

Download or read book Competition Policy in the EU written by Xavier Vives and published by OUP Oxford. This book was released on 2009-08-06 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: A volume that takes stock and looks ahead on the development and implementation of competition policy in the European Union fifty years after the Treaty of Rome. Competition policy has emerged as a key policy in the EU with competition acting as the driving force for economic efficiency and the welfare of citizens. Case law has been established to control and prevent anti-competitve behavior, state aid control has consolidated and evolved towards a more economic approach, and the authority of the EC and the judicial review of the Court of the First Instance (CFI) and the European Court of Justice (ECJ) are firmly etsablished. The book provides an economic approach to competition policy and reflects the main areas of interest, open issues and progress in the area. The volume examines the design of competition policy institutions, the evolution of the implementation of competition policy and its convergence or divergence with US practice, restrictive practices, cartels, abuse of dominance, merger control and state aids. The volume also analyses the interaction of competition policy and regulation, and studies its application to telecoms, banking and energy sectors. All chapters are written by leadfing specialists combining theoretical with practical knowledge and discussing the underpinings of the application of law.

The Consistent Application of EU Competition Law

Author : Adriana Almășan
Publisher : Springer
ISBN 13 : 3319473824
Total Pages : 285 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Consistent Application of EU Competition Law by : Adriana Almășan

Download or read book The Consistent Application of EU Competition Law written by Adriana Almășan and published by Springer. This book was released on 2017-01-04 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

International Competition Enforcement Law Between Cooperation and Convergence

Author : Jörg Philipp Terhechte
Publisher : Springer Science & Business Media
ISBN 13 : 3642171672
Total Pages : 96 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis International Competition Enforcement Law Between Cooperation and Convergence by : Jörg Philipp Terhechte

Download or read book International Competition Enforcement Law Between Cooperation and Convergence written by Jörg Philipp Terhechte and published by Springer Science & Business Media. This book was released on 2011-03-24 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law

Author : Richard Whish
Publisher : Oxford University Press, USA
ISBN 13 : 0199586551
Total Pages : 1089 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Competition Law by : Richard Whish

Download or read book Competition Law written by Richard Whish and published by Oxford University Press, USA. This book was released on 2012-01-12 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors describes the potential scope and application of the various legal provisions which regulate competition in the UK. This book also examines the results of the convergence of UK and EC law with regard to competition in business.

Competition Law and Regional Economic Integration

Author : Damien Geradin
Publisher : World Bank Publications
ISBN 13 : 9780821358924
Total Pages : 110 pages
Book Rating : 4.3/5 (589 download)

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Book Synopsis Competition Law and Regional Economic Integration by : Damien Geradin

Download or read book Competition Law and Regional Economic Integration written by Damien Geradin and published by World Bank Publications. This book was released on 2004 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Competition Law of the European Union

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154051
Total Pages : 1618 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Competition Law of the European Union by : Van Bael & Bellis

Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Design of Competition Law Institutions

Author : Eleanor M Fox
Publisher : Oxford University Press
ISBN 13 : 0199670048
Total Pages : 518 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Design of Competition Law Institutions by : Eleanor M Fox

Download or read book The Design of Competition Law Institutions written by Eleanor M Fox and published by Oxford University Press. This book was released on 2013 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case studies to investigate the design of competition law systems, this is the first major analysis of the extent to which each national, regional, or international system fulfils global norms including due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.

Public Procurement and the EU Competition Rules

Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253599
Total Pages : 480 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Public Procurement and the EU Competition Rules by : Albert Sánchez Graells

Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2011-01-29 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.

A Guide to United Kingdom and European Community Competition Policy

Author : Nick Gardner
Publisher : Springer
ISBN 13 : 1349107824
Total Pages : 236 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis A Guide to United Kingdom and European Community Competition Policy by : Nick Gardner

Download or read book A Guide to United Kingdom and European Community Competition Policy written by Nick Gardner and published by Springer. This book was released on 1990-06-18 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although written primarily for use by British businessmen, this book also aims to provide an introduction to the subject of competition policy to students of law, of economics, and of public administration.

The Historical Foundations of EU Competition Law

Author : Kiran Klaus Patel
Publisher : Oxford University Press
ISBN 13 : 0199665354
Total Pages : 256 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Historical Foundations of EU Competition Law by : Kiran Klaus Patel

Download or read book The Historical Foundations of EU Competition Law written by Kiran Klaus Patel and published by Oxford University Press. This book was released on 2013-07-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.

The Interplay between European and National Competition Law after Regulation 1/2003

Author : Lúcio Tomé Feteira
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041156658
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Interplay between European and National Competition Law after Regulation 1/2003 by : Lúcio Tomé Feteira

Download or read book The Interplay between European and National Competition Law after Regulation 1/2003 written by Lúcio Tomé Feteira and published by Kluwer Law International B.V.. This book was released on 2015-12-08 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the exception to the convergence rule in Article 3(2) of Regulation 1/2003, and the consequent effect on both legal practice and policy issues. In this lucidly argued book, focusing on national competition provisions in Germany, France, Italy, and the United Kingdom that deal with such conduct, the author provides a detailed examination of how such considerations as the following are affected by Regulation 1/2003: - prohibition of abuse of economic dependence or superior bargaining power; - the particular susceptibility of long-term contracts; - prohibition of resale at a loss or below cost; - prohibition of boycott, unlawful pressures, threats, and other coercive tactics adopted by undertakings; and - the role of unfair competition law. The analysis follows a functional method of comparative legal analysis, reviewing the most relevant norms in the selected jurisdictions, particularly in what concerns their goals and function in the context of their respective legal systems. Special attention is paid to two specific sectors – the motor-vehicle and the retailing industries – which have most often triggered relevant legislation and case law in the jurisdictions covered. Legal scholarship in the field is also drawn upon. In its clarification of the meaning of Regulation 1/2003, this book allows practitioners to fully grasp its scope. The author's thorough, masterful analysis of the statutory framework of Article 3 of the regulation also reveals the variety of reasons why different Member States have different competition policies on the scope of the exception to the rule of convergence, and in this way provides lawyers, policymakers, and academics with welcome insights on how major EU jurisdictions apply European competition law.

Regulatory Competition in the Internal Market

Author : Barbara Gabor
Publisher : Edward Elgar Publishing
ISBN 13 : 1781003386
Total Pages : 349 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Regulatory Competition in the Internal Market by : Barbara Gabor

Download or read book Regulatory Competition in the Internal Market written by Barbara Gabor and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences. The books conceptual framework covers the most relevant drivers of competition, including legal actors incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy. Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers legislator, regulator, judiciary at both national and European levels."--Publisher

Competition Law and Industrial Policy in the EU

Author : Wolf Sauter
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Competition Law and Industrial Policy in the EU by : Wolf Sauter

Download or read book Competition Law and Industrial Policy in the EU written by Wolf Sauter and published by . This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new analytical framework for legal problems concerning the economic order of the European Union. In order to determine the remaining scope for national economic sovereignty, and the improvement of the economic order of the Community itself, the focus of the book is the contentious relationship between competition and industrial policy under European law. The theoretical perspective used is based on a comparison between the concepts of the Treaty as an economic constitution and as a political constitution. On this basis, the convergence of competition and industrial policy at the Community level is explained as the result of the rationalisation of public policy, and the reduction of the economic independence of the member states. The study concludes that the market orientation of the European Union is not in doubt, but that a clear link remains to be established between the legitimacy of public intervention in the economy and the distribution of power in the Community system.