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Author : Commission of the European Communities
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.F/5 ( download)
Download or read book Règlement (CEE) n ̊4064/89 sur les concentrations written by Commission of the European Communities and published by . This book was released on 1996 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Francisco Santaolalla Gadea
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127747
Total Pages : 510 pages
Book Rating : 4.0/5 (411 download)
Download or read book Droit Des Aides D'etat Dans la CE written by Francisco Santaolalla Gadea and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: A uniquely important contribution to the debate on EC State aid, this book captures the direct knowledge and experience of twenty-six current and former Commission State aid litigators, offering detailed 'insider' analysis of EC State aid court cases, as well as related internal legal issues, between 1994 and 2008. The book brings together both legal and economic analysis, with detailed reflections on aspects of both substantive legal rules and procedural law. It also offers, over and above the specific interest of the contributions it contains, invaluable insights into the working methods of the Commission Legal Service. This collaborative work was conceived and realized by its authors as a mark of recognition, and a gesture of respect and friendship, for Francisco Santaolalla, on the occasion of his retirement from the Commission after fourteen years' service as Director of the State aid team. Among the many legal and economic forces affecting State aid litigation, the authors focus on such factors as the following:A {exports;A {private investment;A {role of economic analysis;A {ecotaxes;A {privatization;A {remedies;A {existing aid;A {third parties;A {actions against State aid decisions;A {national court decisions;A {fiscal discipline; andA {WTO subsidies law. In illuminating the underlying issues, and describing how they are handled by the Commission Legal Service, the authors shed light on the likely future development of State aid law. The book will be of particular interest to antitrust practitioners as well as academics
Author : Academie de Droit International
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041110169
Total Pages : 420 pages
Book Rating : 4.1/5 (11 download)
Download or read book Recueil Des Cours written by Academie de Droit International and published by Martinus Nijhoff Publishers. This book was released on 1998-06-03 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - Souverainete territoriale et globalisation des marches: le domaine d'application des lois contre les restrictions de la concurrence, par J. BASEDOW, professeur a l'Universite libre de Berlin. The number of national laws that protect competition against private restrictions are constantly increasing. Their application to trans-boundary situations poses difficult problems for both private international law and public international law. The course deals with both, either with respect to application of the "lex fori" or with respect to application of foreign laws. - Enforcement in the International Context by K.D. KERAMEUS, Professor at the University of Athens. In recent years, enforcement proceedings have gone through a comprehensive reform in many countries. Furthermore, modern enforcement increasingly relies on foreign judgements. The course focuses on three subjects: the comparative element in recent codifications and case-law developments in the area of enforcement: salient and converging trends in the enforcement of foreign judgments on the basis of domestic law or international conventions: and the delimitation of "lex fori"and foreign law during the enforcement proceedings. To access the abstract texts for this volume please click here
Author : Amalia Athanasiadou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501146
Total Pages : 349 pages
Book Rating : 4.4/5 (35 download)
Download or read book Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law written by Amalia Athanasiadou and published by Kluwer Law International B.V.. This book was released on 2018-08-14 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.
Author : Josef Drexl
Publisher : Armando Editore
ISBN 13 : 9782804435219
Total Pages : 774 pages
Book Rating : 4.4/5 (352 download)
Download or read book Technologie et concurrence – Technology and Competition written by Josef Drexl and published by Armando Editore. This book was released on 2009 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hanns Ullrich, this highly renowned legal scholar, has had a tremendous influence on legal research and the development of the law in the fields of both Technology and Competition. His expertise dates back to the late 1970s and early 1980s, when he served as a member of the research staff at the Max Planck Institute for Intellectual Property in Munich. In 1985, he became professor of law at the "Universität der Bundeswehr", Munich, and finally, in 2000, professor at the european University Institute, florence. He has acted as visiting professor at a number of Universities around the worldincluding, in particular, the College of Europe, Bruges. The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating on the fields of interest of this eminent scholar, the contributions address a number of the most burning issues of the regulation of intellectual property, competition law and, of course, the application of competition law to IP-related cases.
Author : Paul Demaret
Publisher : Peter Lang
ISBN 13 : 9789052010670
Total Pages : 576 pages
Book Rating : 4.0/5 (16 download)
Download or read book Dynamiques Juridiques Européennes written by Paul Demaret and published by Peter Lang. This book was released on 2007 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers together contributions from thirty-two former and current professors who have, through their teaching in the Legal Studies Department at the College of Europe, enhanced the College's reputation as an authentic European academic postgraduate centre of excellence. Within their areas of specialisation the authors analyse both the evolution of European law over the years and more specific questions. The contributions cover institutional/constitutional law, judicial remedies, the law governing the internal market and its accompanying politics, competition law, and the law of the Union's external relations. Cet ouvrage rassemble les contributions de trente-deux professeurs, anciens et actuels, du département d'études juridiques européennes du Collège d'Europe. Par leur enseignement, ceux-ci ont assuré à cette institution, originale par sa dimension européenne, sa reconnaissance en tant que centre académique post-universitaire d'excellence. Les auteurs analysent, chacun dans sa spécialité, l'évolution du droit européen ou des questions plus particulières. Les contributions couvrent ainsi le droit institutionnel/constitutionnel, le contentieux, le droit du marché intérieur et de ses politiques d'accompagnement, le droit de la concurrence et le droit des relations extérieures de l'Union européenne.
Author : Hague Academy of International Law
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.F/5 ( download)
Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 1998 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 540 pages
Book Rating : 4.3/5 ( download)
Download or read book Competition Policy Newsletter written by and published by . This book was released on 1994 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maciej Bernatt
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502487
Total Pages : 1034 pages
Book Rating : 4.4/5 (35 download)
Download or read book Judicial Review of Competition Law Enforcement in the EU Member States and the UK written by Maciej Bernatt and published by Kluwer Law International B.V.. This book was released on 2024-09-17 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Competition Law Series#91 Enforcement of competition law often calls for a complex economic and legal assessment, and the review of those enforcement decisions usually falls to national courts. In this connection, however, European competition law and legal scholarship have offered scant guidance on how judicial review should and does function. This book, the first comprehensive, systematic, and comparative empirical study of judicial review of competition law public enforcement in the EU and the UK, provides a thorough understanding of the practical operation of the role of judicial review in competition enforcement. A country-by-country analysis, along with a detailed introduction and an incisive comparative summary, covers all publicly available judicial review judgments – 5,707 in all – of final public enforcement actions in relation to Articles 101 and 102 TFEU and relevant national provisions in the twenty-seven EU Member States and the UK rendered between 1 May 2004 and 30 April 2021. The data presented draws on a rich database built for the purpose of this study by twenty-eight national teams of competition law academics and practitioners. For each jurisdiction, the analysis focuses on such aspects as the following: structure of the national enforcement system; number of judgments rendered; success rate; types of appellants; competition rules subject to review; grounds of review; use of preliminary references; appeals involving leniency and/or settlements; and role of third parties. Numerous graphs, figures, and tables support the presentation. In the light it sheds on trends in judicial review of competition law enforcement on a comparative basis, and in its data-driven assessment of how the decentralised judicial review of EU competition law meets EU integration aims, this important study will be of inestimable value to competition lawyers, policymakers, and academics in developing a confident understanding of precisely how judicial review in this area operates in each of the EU Member States and the UK. In addition, the book provides a significant contribution not only with respect to EU and national competition laws but also, more broadly, to comparative administrative law scholarship in Europe.
Author :
Publisher :
ISBN 13 :
Total Pages : 960 pages
Book Rating : 4.F/5 ( download)
Download or read book Diritto europeo dei trasporti written by and published by . This book was released on 1995 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Paolo Mengozzi
Publisher : Springer
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.3/5 (91 download)
Download or read book European Community Law : From Common Market to European Union written by Paolo Mengozzi and published by Springer. This book was released on 1992-09-25 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an overview of European Community law and its special characteristics, based on a review of the dynamics by which Community law evolves."
Author : Jürgen Schwarze
Publisher :
ISBN 13 :
Total Pages : 680 pages
Book Rating : 4.:/5 (31 download)
Download or read book The 1992 Challenge at National Level written by Jürgen Schwarze and published by . This book was released on 1993 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Behrens
Publisher : Nomos Verlagsgesellschaft
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.F/5 ( download)
Download or read book EEC Competition Rules in National Courts: Benelux and Ireland written by Peter Behrens and published by Nomos Verlagsgesellschaft. This book was released on 1992 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Das europäische Wettbewerbsrecht ist in den Mitgliedstaaten unmittelbar anwendbar. Die nationalen Gerichte erfüllen daher eine wichtige Funktion bei der Implementierung der gemeinschaftsrechtlichen Wettbewerbsregeln. Ein vom Herausgeber dieses Bandes geleitetes Forschungsprojekt ist der Untersuchung der Rechtsprechungspraxis der mitgliedstaatlichen Gerichte gewidmet ... Dem Praktiker des europäischen Wettbewerbsrechts wird mit dieser Reihe die Rechtsprechung in den Mitgliedstaaten erschlossen; den Gemeinschaftsorganen wird ein Einblick in die Implementierung des Gemeinschaftsrechts durch die nationalen Gerichte ermöglicht; Wissenschaftler finden Material für weitere vergleichende Analysen."--Verlag.
Author : Luis Ortiz Blanco
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318681
Total Pages : 283 pages
Book Rating : 4.8/5 (473 download)
Download or read book Market Power in EU Antitrust Law written by Luis Ortiz Blanco and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.
Download or read book Competition Policy and Efficiency Claims in Horizontal Co-operation Agreements written by and published by . This book was released on 1996 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Fédération internationale pour le droit européen. Congrès
Publisher :
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.3/5 (511 download)
Download or read book Directives communautaires : effets, efficacité, justiciabilité written by Fédération internationale pour le droit européen. Congrès and published by . This book was released on 1999 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 1122 pages
Book Rating : 4.F/5 ( download)
Download or read book Eur. Zeitschrift Des Öffentl. Rechts written by and published by . This book was released on 1999 with total page 1122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
