Procedural Rights In Competition Law In The Eu And China

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Procedural Rights in Competition Law in the EU and China

Author : Caroline Cauffman
Publisher : Springer
ISBN 13 : 3662487357
Total Pages : 277 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Procedural Rights in Competition Law in the EU and China by : Caroline Cauffman

Download or read book Procedural Rights in Competition Law in the EU and China written by Caroline Cauffman and published by Springer. This book was released on 2016-03-23 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.

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: Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence from international institutions. Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptions of influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and of consultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules. Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU, as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network. The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offer lessons for all interested in competition law and global governance.

Due Process and Fair Trial in EU Competition Law

Author : Cristina Teleki
Publisher : BRILL
ISBN 13 : 9004447490
Total Pages : 392 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Due Process and Fair Trial in EU Competition Law by : Cristina Teleki

Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Procedural Fairness in Competition Proceedings

Author : Paul Nihoul
Publisher : Edward Elgar Publishing
ISBN 13 : 178536006X
Total Pages : 389 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Procedural Fairness in Competition Proceedings by : Paul Nihoul

Download or read book Procedural Fairness in Competition Proceedings written by Paul Nihoul and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.

Competition Policy and Regulation

Author : Michael Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 0857930818
Total Pages : 369 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Competition Policy and Regulation by : Michael Faure

Download or read book Competition Policy and Regulation written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach. Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyse how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation. This unique book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation.

Procedural Fairness in Chinese Antitrust

Author : Jingyuan Ma
Publisher :
ISBN 13 :
Total Pages : 11 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Procedural Fairness in Chinese Antitrust by : Jingyuan Ma

Download or read book Procedural Fairness in Chinese Antitrust written by Jingyuan Ma and published by . This book was released on 2018 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter offers an overview of procedural fairness in Chinese antitrust. To a certain extent, issues of procedural fairness are intertwined in China with substantive issues of competition law and economics. Part of the complexity has to do with the newness of the AML and with authorities working through a number of cases, industries, and types of conduct that are issues of first impression. Under such circumstances it takes time to build core competencies on the part of the competition authorities. Sometimes what may seem to be procedural fairness issues (such as delay or requests for information that does not seem directly related to the case at hand) may in fact be a function of authority staff coming up to speed on issues for which there is no institutional knowledge.The level of transparency in the Chinese system, at least on paper, bears a resemblance to the European system of procedural fairness in an antitrust setting. However, in practice, the lack of transparency and due process in China suggests behavior that does not comport with the emerging international norms. Similar to transparency concerns masking public interest factors are due process concerns masking public interest factors. Due to the multiple goals, the Chinese competition authorities are more active in their use of industrial policy on substantive decisions relative to the United States and Europe.

Competition Law in China

Author : Xiaoye Wang
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041195912
Total Pages : 202 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Competition Law in China by : Xiaoye Wang

Download or read book Competition Law in China written by Xiaoye Wang and published by Kluwer Law International B.V.. This book was released on 2018-02-27 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the China covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Competition Laws, Globalization and Legal Pluralism

Author : Qianlan Wu
Publisher : A&C Black
ISBN 13 : 1782252207
Total Pages : 313 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Competition Laws, Globalization and Legal Pluralism by : Qianlan Wu

Download or read book Competition Laws, Globalization and Legal Pluralism written by Qianlan Wu and published by A&C Black. This book was released on 2014-07-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.

Bellamy & Child

Author : David Bailey
Publisher : Oxford University Press, USA
ISBN 13 : 9780198794752
Total Pages : 0 pages
Book Rating : 4.7/5 (947 download)

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Book Synopsis Bellamy & Child by : David Bailey

Download or read book Bellamy & Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.

Competition Law in China and the EU

Author : Xingyu Yan
Publisher : Routledge
ISBN 13 : 9781032740157
Total Pages : 0 pages
Book Rating : 4.7/5 (41 download)

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Book Synopsis Competition Law in China and the EU by : Xingyu Yan

Download or read book Competition Law in China and the EU written by Xingyu Yan and published by Routledge. This book was released on 2024-12-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of the Chinese and European response to market dominance abuse, emphasizing the impact of antitrust institutional dynamics on actual enforcement decisions. It will be useful to competition law scholars and practitioners interested in understanding how competition law works in the EU and China.

Remedies in EU Competition Law

Author : Damien Gerard
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522445
Total Pages : 347 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Remedies in EU Competition Law by : Damien Gerard

Download or read book Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.

Revisiting China's competition law and its interaction with intellectual property rights

Author : Guangjie Li
Publisher :
ISBN 13 : 9783845292687
Total Pages : pages
Book Rating : 4.2/5 (926 download)

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Book Synopsis Revisiting China's competition law and its interaction with intellectual property rights by : Guangjie Li

Download or read book Revisiting China's competition law and its interaction with intellectual property rights written by Guangjie Li and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights

Author : Guangjie Li
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848750184
Total Pages : 0 pages
Book Rating : 4.7/5 (51 download)

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Book Synopsis Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights by : Guangjie Li

Download or read book Revisiting China's Competition Law and Its Interaction with Intellectual Property Rights written by Guangjie Li and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights.

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 Future of International Competition Law Enforcement

Author : Valerie Demedts
Publisher : BRILL
ISBN 13 : 9004372962
Total Pages : 454 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Future of International Competition Law Enforcement by : Valerie Demedts

Download or read book The Future of International Competition Law Enforcement written by Valerie Demedts and published by BRILL. This book was released on 2018-10-25 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Future of International Competition Law Enforcement undertakes an original assessment of the EU's international cooperation agreements in the field of competition law and is uniquely focused on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement.

The Political Economy of Competition Law in China

Author : Wendy Ng
Publisher : Cambridge University Press
ISBN 13 : 1107154405
Total Pages : 419 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Political Economy of Competition Law in China by : Wendy Ng

Download or read book The Political Economy of Competition Law in China written by Wendy Ng and published by Cambridge University Press. This book was released on 2018-01-11 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Competition Law in China provides a unique, multifaceted perspective of China's anti-monopoly law.

Ne Bis in Idem in EU Law

Author : Bas van Bockel
Publisher : Cambridge University Press
ISBN 13 : 1316720659
Total Pages : 263 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Ne Bis in Idem in EU Law by : Bas van Bockel

Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.