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Should Private Antitrust Enforcement Be Encouraged In Europe
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Book Synopsis The Modernisation of EU Competition Law Enforcement in the European Union by : Dermot Cahill
Download or read book The Modernisation of EU Competition Law Enforcement in the European Union written by Dermot Cahill and published by Cambridge University Press. This book was released on 2004-06-17 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: An international survey covering the domestic anti-trust laws of 25 EU member states.
Book Synopsis Reconciling Efficiency and Equity by : Damien Gerard
Download or read book Reconciling Efficiency and Equity written by Damien Gerard and published by Cambridge University Press. This book was released on 2019-05-09 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.
Book Synopsis Licensing Agreements by : Kojo Yelpaala
Download or read book Licensing Agreements written by Kojo Yelpaala and published by Springer. This book was released on 1988-01-19 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Private Enforcement of Antitrust by : Arianna Andreangeli
Download or read book Private Enforcement of Antitrust written by Arianna Andreangeli and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers has been at the forefront of the EU Commission agenda for a long time. Starting fr
Book Synopsis EC Private Antitrust Enforcement by : Assimakis Komninos
Download or read book EC Private Antitrust Enforcement written by Assimakis Komninos and published by Hart Publishing. This book was released on 2008-05-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
Book Synopsis Efficiency and Justice in European Antitrust Enforcement by : Wouter Wils
Download or read book Efficiency and Justice in European Antitrust Enforcement written by Wouter Wils and published by Bloomsbury Publishing. This book was released on 2008-02-14 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few years, the public enforcement of Articles 81 and 82 EC has been thoroughly transformed: the competition authorities of the EU Member States have become active enforcers within the European Competition Network, the European Commission has imposed more and higher fines than ever before, leniency has become a major instrument of cartel detection, and some Member States have introduced criminal penalties. The overall trend towards more and stronger enforcement of Articles 81 and 82 EC has also rekindled discussion on the old question of how to strike the right balance between efficient enforcement and adequate protection of the rights of the defence. This book brings together six essays which analyse from both a legal and an economic perspective the powers of investigation of the European Commission and the competition authorities of the Member States, and the corresponding procedural rights and guarantees, the use of settlements, the theory and practice of fines and of leniency, and the criminalization of European antitrust enforcement.
Book Synopsis Consumer Involvement in Private EU Competition Law Enforcement by : Maria Ioannidou
Download or read book Consumer Involvement in Private EU Competition Law Enforcement written by Maria Ioannidou and published by Oxford University Press. This book was released on 2015-09-03 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.
Book Synopsis Principles of European Antitrust Enforcement by : Wouter Wils
Download or read book Principles of European Antitrust Enforcement written by Wouter Wils and published by Bloomsbury Publishing. This book was released on 2005-02-22 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encouraged, and the question whether the decisional power in antitrust matters should be transferred to the courts. Special attention is given to the problem of the compatibility of the new enforcement system and of the practice of European antitrust enforcement with the requirements of the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, including the principle of ne bis in idem, the privilege against self-incrimination, and the right to an independent and impartial tribunal. On many of these issues, the discussion contained in this book is not only legal, but also includes an economic analysis from the perspective of efficient law enforcement.
Book Synopsis EC Private Antitrust Enforcement by : Assimakis Komninos
Download or read book EC Private Antitrust Enforcement written by Assimakis Komninos and published by Bloomsbury Publishing. This book was released on 2008-02-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
Book Synopsis The Enforcement of EU Competition Rules by Civil Law by : Nina Bucan Gutta
Download or read book The Enforcement of EU Competition Rules by Civil Law written by Nina Bucan Gutta and published by Maklu. This book was released on 2014-11-04 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.
Book Synopsis Private Enforcement of EU Law Before National Courts by : Folkert Wilman
Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.
Book Synopsis Europeanisation of Private Enforcement of Competition Law by : Gentjan Skara
Download or read book Europeanisation of Private Enforcement of Competition Law written by Gentjan Skara and published by Springer Nature. This book was released on 2022-04-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the European integration process (Europeanisation) is pushing the member states and candidate countries toward a greater convergence with the EU’s competition acquis. Through the transposition of the Directive 2014/104/EU, the member states have harmonised substantive and procedural rules, which is beneficial to individuals and enterprises because it provides a minimum protection across all member states. In addition, it is commonly agreed in academia that the prospect of EU membership brings positive domestic changes in the candidate countries. At the moment, Albania is waiting to open negotiations for the chapters of the EU acquis. Firstly, this book addresses the evolution of private enforcement at the European level by examining the objectives, modalities, and actors that contributed to the development of private enforcement. Secondly, it analyses the Directive 2014/104/EU and how the three selected EU member states have transposed the directive into their domestic legal system considering the discretion margin left by Article 288 TFEU and a minimum harmonisation level defined in the directive. Thirdly, it provides a historical overview of private enforcement in Albania and shows how the Albanian Competition Authority has addressed the transposition of the Directive 2014/104/EU.
Book Synopsis Patent Remedies and Complex Products by : C. Bradford Biddle
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Download or read book On the Merits written by Paul Lugard and published by Intersentia nv. This book was released on 2005 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection represents a considerable testament to the range and depth of Peter PlompenÆs expertise, his unique contribution to the development of European and national competition law.
Book Synopsis Global Competition Policy by : Edward Montgomery Graham
Download or read book Global Competition Policy written by Edward Montgomery Graham and published by Peterson Institute. This book was released on 1997 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing consensus among international trade negotiators and policymakers that a prime area for future multilateral discussion is competition policy. Competition policy includes antitrust policy (including merger regulation and control) but is often extended to include international trade measures and other policies that affect the structure, conduct, and performance of individual industries. This study includes country studies of competition policy in Western Europe, North America, and the Far East (with a focus on Japan) in the light of increasingly globalized activities of business firms. Areas where there are major differences in philosophy, policy, or practice are identified, with emphasis on those differences that could lead to economic costs and international friction. Alternatives for eliminating these costs and frictions are discussed, including unilateral policy changes, bilateral or multilateral harmonization of policies, and creation of new international regimes to supplement or replace national or regional regimes.
Author :Mark-Oliver Mackenrodt Publisher :Springer Science & Business Media ISBN 13 :3540699651 Total Pages :210 pages Book Rating :4.5/5 (46 download)
Book Synopsis Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? by : Mark-Oliver Mackenrodt
Download or read book Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? written by Mark-Oliver Mackenrodt and published by Springer Science & Business Media. This book was released on 2008-07-25 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
Book Synopsis Competition Law and Policy in the EC and UK by : Barry Rodger
Download or read book Competition Law and Policy in the EC and UK written by Barry Rodger and published by Routledge. This book was released on 2008-10-03 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law, at both the EC and UK levels, plays an important and ever-increasing role in regulating the conduct of businesses. Based on the premise that open and fair competition is good for both consumers and businesses, competition law prevents businesses from entering into anti-competitive agreements and from abusing their dominant market position. Competition Law and Policy in the EC and UK looks at how competition law affects business, including: co-ordinated actions; pricing behaviour; take-overs and mergers; and state subsidies. It provides a clear guide to and outline of the general policies behind, and the main provisions of EC and UK competition law. Information is presented within a structured framework, complete with a glossary of useful terminology. This fourth edition has been revised and updated to take into account developments since publication of the previous edition, including expanded coverage of the regulation of cartels, the development of private enforcement, the consideration of IP issues in Microsoft, and extended discussion of UK competition Law.
