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Author : Mel Marquis
Publisher :
ISBN 13 :
Total Pages : 793 pages
Book Rating : 4.:/5 (851 download)
Download or read book The Evaluation of Evidence and Its Judicial Review in Competition Cases written by Mel Marquis and published by . This book was released on 2011 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Claus-Dieter Ehlermann
Publisher : Hart Publishing
ISBN 13 : 9781849460736
Total Pages : 886 pages
Book Rating : 4.4/5 (67 download)
Download or read book European Competition Law Annual 2009 written by Claus-Dieter Ehlermann and published by Hart Publishing. This book was released on 2011-07-13 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, top-level market regulators, academics and legal practitioners attend the Annual Competition Workshop organised at the European University Institute in Florence. The speakers are invited to discuss a particular set of critical issues in the field of competition law and policy. The entire content of the proceedings - both the oral discussions and the written contributions - are published in the European Competition Law Annual series. This is the fourteenth in the series, reproducing the debate which in 2009 examined the evaluation of evidence and its judicial review in competition cases. The issues discussed included, among others, the burden of proof, the standard of proof and the standard of review with respect to antitrust infringement decisions and merger decisions, both at the level of the EU and at the national level in a number of Member States. In 2009, the Workshop participants were: Rafael Allendesalazar Kelyn Bacon Judge Gerald Barling Simon Bishop Judge Joachim Bornkamm Judge Michael Boudin Jochen Burrichter Dennis Carlton Fernando Castillo de la Torre Justin Coombs Lorenzo Coppi Claus-Dieter Ehlermann John Fingleton Ian Forrester Judge Nicholas Forwood Eric Gippini-Fournier Barry Hawk Alberto Heimler Per Hellström Pieter Kalbfleisch Robert Kwinter Bruno Lasserre Philip Lowe Mel Marquis Damien Neven Judge Aindrias Ó Caoimh Luis Ortiz Blanco John Ratliff J. Thomas Rosch Heike Schweitzer Mario Siragusa Jacques Steenbergen James Venit Judge Nils Wahl Judge Vaughn Walker
Author : Mel Marquis
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Rules that Govern Rules written by Mel Marquis and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the introductory chapter to a 32-chapter book (Ehlermann and Marquis, eds., 2011) concerning the evaluation of evidence in competition cases, the decisions based thereon, and the manner in which courts review such assessments and decisions in terms of, for example, scope and intensity of control. A wide range of related issues is discussed, including standards of proof and standards of review as well as the treatment of economic evidence in infringement and merger cases. Reference is made to several legal regimes, such as, above all, that of the European Union and, among others, France, Germany and the United Kingdom, and the United States and Canada. The author discusses the various chapters of the book in detail and attempts to link or contrast the authors' contributions where appropriate.
Author : Fernando Castillo de la Torre
Publisher : Edward Elgar Publishing
ISBN 13 : 1839108681
Total Pages : 535 pages
Book Rating : 4.8/5 (391 download)
Download or read book Evidence, Proof and Judicial Review in EU Competition Law written by Fernando Castillo de la Torre and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Fabienne Ilzkovitz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403512822
Total Pages : 546 pages
Book Rating : 4.4/5 (35 download)
Download or read book Ex Post Economic Evaluation of Competition Policy written by Fabienne Ilzkovitz and published by Kluwer Law International B.V.. This book was released on 2020-05-18 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition authorities are increasingly interested in understanding the impact of their activities on markets and consumers. The goal is to improve competition policy rules and decision-making practices and to get robust evidence on the benefits of competition and competition policy for society as a whole. Discussions with competition authorities, practitioners and academics have shown the need to take stock of the experience gained in this field by the European Commission and to present it in an easily accessible way. The studies collected in this volume – prepared by senior Commission officials and competition policy experts – range from the ex post evaluation of specific policy interventions to the assessment of the broader impact of competition policy. The issues and topics examined include the following: objectives and scope of evaluations by the European Commission; description of counterfactual evaluation techniques used; conditions for a successful ex post evaluation of a competition policy intervention; a wide selection of individual cases covering a variety of economic sectors; applications in merger control, antitrust and State aid; direct benefits of competition policy interventions for consumers; deterrent effects of such interventions on market participants; and macroeconomic outcomes in terms of job creation, productivity and GDP growth. This matchless book assembles within a single volume all that is needed for competition policy analysts and practitioners to undertake ex post economic evaluations. While its collection of state-of-the-art ex post evaluation studies has a clear value for competition authorities, it is sure to be welcomed as well by competition law practitioners in the private sector, who will greatly appreciate the effort made to cast a critical eye on decisions taken in the past. Moreover, it allows for addressing some of the new challenges facing competition policymakers. Fabienne Ilzkovitz is Principal Advisor responsible for the economic evaluation of competition policy within the Directorate-General for Competition of the European Commission, and since 2014, she has coordinated various ex post evaluation projects in the Directorate-General. She is also Associate Professor of Economics in the Solvay Brussels School of Economics and Management at the Université Libre de Bruxelles, Belgium. Adriaan Dierx is Senior Expert on ex post economic evaluation within the Directorate-General for Competition of the European Commission. He has managed a number of studies aimed at assessing the economic impact of the European Commission’s competition policy interventions.
Author : Andriani Kalintiri
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919678
Total Pages : 287 pages
Book Rating : 4.5/5 (99 download)
Download or read book Evidence Standards in EU Competition Enforcement written by Andriani Kalintiri and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.
Author : EFTA Court
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255249
Total Pages : 598 pages
Book Rating : 4.7/5 (822 download)
Download or read book The EEA and the EFTA Court written by EFTA Court and published by Bloomsbury Publishing. This book was released on 2014-11-27 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.
Author : Baskaran Balasingham
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184805
Total Pages : 296 pages
Book Rating : 4.0/5 (411 download)
Download or read book The EU Leniency Policy written by Baskaran Balasingham and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.
Author : Robert O'Donoghue QC
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942971
Total Pages : 1368 pages
Book Rating : 4.5/5 (99 download)
Download or read book Law and Economics of Article 102 TFEU written by Robert O'Donoghue QC and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 1368 pages. Available in PDF, EPUB and Kindle. Book excerpt: “a reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, Qualcomm.
Author : Michal Krajewski
Publisher : Bloomsbury Publishing
ISBN 13 : 1509947310
Total Pages : 224 pages
Book Rating : 4.5/5 (99 download)
Download or read book Relative Authority of Judicial and Extra-Judicial Review written by Michal Krajewski and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.
Author : Barry E. Hawk
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233410
Total Pages : 496 pages
Book Rating : 4.5/5 (782 download)
Download or read book International Antitrust Law & Policy: Fordham Competition Law 2013 written by Barry E. Hawk and published by Juris Publishing, Inc.. This book was released on 2014-03-01 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains articles and panel discussions delivered during the Fortieth Annual Fordham Competition Law Institute Conference on International Antitrust Law & Policy. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publication, where necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy.
Author : Luca Prete
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535458
Total Pages : 1148 pages
Book Rating : 4.4/5 (35 download)
Download or read book Regulation 1/2003 and EU Antitrust Enforcement written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2022-11-22 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.
Author : Wolf Sauter
Publisher : Oxford University Press
ISBN 13 : 0198749155
Total Pages : 321 pages
Book Rating : 4.1/5 (987 download)
Download or read book Coherence in EU Competition Law written by Wolf Sauter and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how competition law maintains its coherence, this volume charts the historical development of the EU competition regime and its path to decentalized enforcement, as well as studying the coherence of the regime's goals, boundaries, rules, and exceptions.
Author : Mel Marquis
Publisher : Edward Elgar Publishing
ISBN 13 : 1783478861
Total Pages : 327 pages
Book Rating : 4.7/5 (834 download)
Download or read book Litigation and Arbitration in EU Competition Law written by Mel Marquis and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspe
Author : Justo Corti Varela
Publisher : Taylor & Francis
ISBN 13 : 1040019889
Total Pages : 330 pages
Book Rating : 4.0/5 (4 download)
Download or read book Science, Technology, Policy and International Law written by Justo Corti Varela and published by Taylor & Francis. This book was released on 2024-10-02 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents innovative insights into the intersections between science, technology, and society, and particularly their regulation by the law. Departing from the idea that law and science have similar methods and objectives, the book deals with problems, and solutions, that source from these interactions: concerns on how to integrate scientific evidence into trials, how to best regulate new technologies, or whether technological innovations could improve democratic legitimacy, create new regulatory tools or even new spaces of regulation, and what is the impact on the society. The edited collection, by building on a functionalist and comparatist approach, offers answers to how to best integrate law, science, and technology in policy-making and reviews the current attempts made at the transnational and international levels. Case studies, ranging from emerging technologies via environmental protection to statistics, are complemented by a solid theoretical framework, all of which seek to provide readers with tools for critical thinking in the reassessment of the relationship among theory, practice, political goals, and international regulation.
Author : Robert O'Donoghue QC
Publisher : A&C Black
ISBN 13 : 1782251413
Total Pages : 1168 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Law and Economics of Article 102 TFEU written by Robert O'Donoghue QC and published by A&C Black. This book was released on 2014-07-18 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics of Article 102 TFEU is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. Jointly authored by a lawyer and an economist, The Law and Economics of Article 102 TFEU contains an integrated approach to the legal and economic principles that frame policy in this major area of competition law. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition law enforcement against monopoly behaviour.
