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The Modernisation Of Ec Antitrust Law
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Book Synopsis The Modernisation of EC Antitrust Law by : Rein Wesseling
Download or read book The Modernisation of EC Antitrust Law written by Rein Wesseling and published by Hart Publishing. This book was released on 2000-07 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of criticism in recent years of the European Community's competition law, Amsterdam lawyer Wesseling tries to clarify the current challenges to the policy by examining the origins of the competition law system. He begins by tracing the policy's development from the European Economic Community, established in 1958, and the European Union of today. Then he addresses the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and the Member States, the decentralized enforcement of Community law, and other issues. His conclusions differ considerably from the Commission's recent white paper. Distributed in the US by ISBS. c. Book News Inc.
Book Synopsis Modernisation and Enlargement by : Damien Geradin
Download or read book Modernisation and Enlargement written by Damien Geradin and published by Intersentia nv. This book was released on 2004 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competition law. The direct effect given to Article 81(3) will also stimulate implementation at the national level, including actions in national courts, although several procedural issues may impede private actions in courts. Amongc its other features, Regulation 1/2003 also creates a European Competition Network (ECN), which provides an institutional focus for cooperation between the NCAs and the Commission, as well as among the NCAs themselves. Enlargement of the European Union was one of the factors, which contributed to the adoption of Regulation 1/2003. Enlargement will expand the geographical scope of application of EC competition rules, but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations, which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are, however, willing to take on those challenges and, though a period of adaptation will be needed, there are no reasons why they should be unable to progressively develop a successful competition policy. Already, some agencies (e.g., in Hungary or Poland) have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.
Book Synopsis European Competition Law Annual 2000 by : Claus-Dieter Ehlermann
Download or read book European Competition Law Annual 2000 written by Claus-Dieter Ehlermann and published by Hart Publishing. This book was released on 2001-05-21 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: The materials of a 2000 debate on the proposals made by the European Commission for the reform and decentralisation of EC antitrust enforcement.
Book Synopsis The Optimal Enforcement of EC Antitrust Law:A Study in Law and Economics by : Wouter Wils
Download or read book The Optimal Enforcement of EC Antitrust Law:A Study in Law and Economics written by Wouter Wils and published by Kluwer Law International B.V.. This book was released on 2002-02-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides clear answers to the major questions concerning the modernization of EC antitrust enforcement such as: should a notification system be maintained, or should the antitrust rules be enforced exclusively through deterrence?; and at what levels should fines be set?
Book Synopsis Modernisation of European Competition Law by : Jules Stuyck
Download or read book Modernisation of European Competition Law written by Jules Stuyck and published by Intersentia nv. This book was released on 2002 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the Modernisation of European Competition Law had been launched by the Commission in late 2000 in a White Paper. The Commission proposed to decentralise the application of the EC competition rules: national authorities and judges would receive new competencies in this area. The modernisation process should dramatically change the scene. Current expectations are that there is a fair chance that the Commission's proposal will be adopted, with some amendments, by the Council before the end of 2002. Following the publication of the White Paper, the Leuven Centre for a Common Law of Europe decided to devote a conference to the subject of Modernisation of EC Competition Law in June 2001. At the time of the Conference, the modernisation idea had been followed by a draft Regulation implementing Articles 81 and 82 EC. This book contains the papers that were delivered at the conference. These papers examine the salient features of the proposed reform and discuss its consequences for European and national competition law and practice. Special emphasis is placed on private enforcement of EC antitrust rules. The editors added a general introduction, setting out the highlights of the modernisation debate, as it was conducted in Leuven. Therefore this book will help to understand this single most important reform of EC competition law since its conception. Contributions to this book are made by Thomas C. Arthur, Sir Christopher Bellamy, Ludo Cornelis, Wouter Devroe, Hans Gilliams, Luc Gyselen, Koen Lenaerts, Jules Stuyck, John Temple Lang, Marc van der Woude and Walter van Gerven.
Book Synopsis The Reform of EC Competition Law by : Ioannis Kokkoris
Download or read book The Reform of EC Competition Law written by Ioannis Kokkoris and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
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 Modernisation and Decentralisation of EC Competition Law by : Josbe Rivas
Download or read book Modernisation and Decentralisation of EC Competition Law written by Josbe Rivas and published by Springer. This book was released on 2000-11-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The result of a conference held in London in September 1999, the papers in this text discuss issues surrounding the European Commission's White Paper published in April 1999. This paper is concerned with the evolution of competition law in the European Union.
Book Synopsis Private Enforcement of EC Competition Law by : Jurgen Basedow
Download or read book Private Enforcement of EC Competition Law written by Jurgen Basedow and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission's recent green paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; relevance of the case law that contributes to general principles of European tort law; comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; calculation of damages; passing-on of losses sustained in an upstream market to customers in a downstream market; procedural devices which may help to overcome the lack of implementation; duties of disclosure and the burden of proof; collective actions that may help to overcome the rational abstention of individuals; pitfalls of leniency programmes implemented by national competition authorities; and, issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.
Book Synopsis European Competition Law Annual 2001 by : Claus-Dieter Ehlermann
Download or read book European Competition Law Annual 2001 written by Claus-Dieter Ehlermann and published by Hart Publishing. This book was released on 2003-07 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. Substantive remedies - 2. Procesural issues - 3. Arbitration courts - 4. Criminal sanctions.
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 338 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 Modernised EC Competition Law in International Arbitration by : Phillip Louis Landolt
Download or read book Modernised EC Competition Law in International Arbitration written by Phillip Louis Landolt and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the expectations and requirements of the Community legal order upon international arbitration, as well as a dependable source of answers to the EC competition law questions which arbitration practitioners will ordinarily be faced with. This guide is aimed at international litigation practitioners in Europe and globally.
Book Synopsis The Transformation of EU Competition Law: Next Generation Issues by : Adina Claici
Download or read book The Transformation of EU Competition Law: Next Generation Issues written by Adina Claici and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversy surrounding EU competition rules has grown in recent years. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels. This volume takes stock of the current situation, assessing the successes and failures of the prevailing ‘modernisation’ policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world. The book’s contributions are based on papers delivered at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges. The authors include prominent practitioners and academics, members of the European Commission, representatives of national competition authorities, and judges from both EU and national courts. They address such salient issues as the following: free competition versus ‘regulated competition’ as alternative or complementary models; new methods for the identification of consumer harm and benefits; sui generis competition law regimes for specific sectors; State aid enforcement and crisis management; and the green and digital objectives and their legal and political implications. Taken together, the essays provide extensive treatment of the EU Courts’ jurisprudence and the literature in the field. For practitioners, policymakers and academics working with competition law, the book will clearly explain the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe.
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.
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 OUP Oxford. This book was released on 2013-07-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration. Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe's construction, its hybrid institutional traits, and its often unique substance.
Book Synopsis Technology Transfer and the New EU Competition Rules by : Steven D. Anderman
Download or read book Technology Transfer and the New EU Competition Rules written by Steven D. Anderman and published by . This book was released on 2006 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the modernisation reforms of EC competition law; and (ii) the treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation; the authors discuss their legal basis and, where appropriate, criticise the approach taken by the Guidelines where the legal basis is unsure.
Book Synopsis EU Competition Enforcement and Human Rights by : A. Andreangeli
Download or read book EU Competition Enforcement and Human Rights written by A. Andreangeli and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.
