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Author : Christina Bohannan
Publisher : Aspen Publishers Online
ISBN 13 : 0735575487
Total Pages : 2686 pages
Book Rating : 4.7/5 (355 download)
Download or read book IP and Antitrust written by Christina Bohannan and published by Aspen Publishers Online. This book was released on 2013 with total page 2686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Luis Ortiz Blanco
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318681
Total Pages : 283 pages
Book Rating : 4.8/5 (473 download)
Download or read book Market Power in EU Antitrust Law written by Luis Ortiz Blanco and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.
Author : Barbora Jedlicková
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477741
Total Pages : 379 pages
Book Rating : 4.7/5 (834 download)
Download or read book Resale Price Maintenance and Vertical Territorial Restrictions written by Barbora Jedlicková and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.
Author : Hiroyi Akiba
Publisher : Routledge
ISBN 13 : 1136874852
Total Pages : 212 pages
Book Rating : 4.1/5 (368 download)
Download or read book European Governance After Nice written by Hiroyi Akiba and published by Routledge. This book was released on 2019-03-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the impact of institutional reform implemented by the Nice Treaty on European Governance? What should be done to enhance democratic legitimacy in the EU? This book provides an up-to-date guide to understanding the European Union as an institution. Globalisation has led to enormous changes in the international environment which, in turn, have demanded institutional reform of the European Union in the form of the Nice Treaty. European Governance After Nice scrutinises how, and to what extent, the treaty will contribute to the solution of existing problems, examining both its positive effects and its limitations and examines the reforms within the EU through political science, law and economics, in order to express the full extent of the different effects of the Nice Treaty on non-member as well as member countries. The contributors suggest that the threat of varying exchange rates in the future, when the Treaty has an expansionary effect on economic scale, will lead to a deepening interdependence between the excluded countries.
Author : H. Kassim
Publisher : Springer
ISBN 13 : 0230245382
Total Pages : 341 pages
Book Rating : 4.2/5 (32 download)
Download or read book Air Transport and the European Union written by H. Kassim and published by Springer. This book was released on 2009-12-10 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Air Transport and the European Union examines the emergence of the EU as a major actor in aviation. It investigates how the EU was able to develop a common policy despite the existence of an established sectoral regime and against the opposition of most European states and their 'flag carriers'.
Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author : Rein Wesseling
Publisher : Hart Publishing
ISBN 13 : 1841131210
Total Pages : 272 pages
Book Rating : 4.8/5 (411 download)
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.
Author : Maria Bergström
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251480
Total Pages : 236 pages
Book Rating : 4.7/5 (822 download)
Download or read book European Police and Criminal Law Co-operation, Volume 5 written by Maria Bergström and published by Bloomsbury Publishing. This book was released on 2014-12-18 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, focuses on EU criminal law and transnational police co-operation. Against the background of the most important changes introduced by the Lisbon Treaty in the area of criminal law and police co-operation, this volume is divided into four main sections. Each section analyses some specific challenges. The first section includes a critical analysis of the boundaries of the new criminal law competencies, as well as some more general challenges for EU criminal law. Specific focus is set on the lawmaking process. The second section deals with EU criminal law and fundamental rights, in particular the protection of personal data and individual privacy. In this section, focus is on the implementation of EU law into national legal orders and the challenges that this process brings with it. The third section maps out specific challenges in transnational police co-operation, in particular, the important issue of sharing of information between law enforcement agencies and its potential impact on the protection of fundamental rights. In the fourth section, focus is shifted toward networks, horizontal agency and multi-level co-operation in a wider sense within the area of freedom, security and justice.
Author : Okeoghene Odudu
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Boundaries of EC Competition Law written by Okeoghene Odudu and published by Oxford University Press, USA. This book was released on 2006 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty - what is competition and how does Article 81 ensure that competition is protected. After over 40 years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article 81 and what it seeks to achieve. The monograph's aim is to reveal the intellectual order and rational structure underlying the law so as to enable the reader to understand Article 81 in a clear and rigorous manner. This is done by breaking Article 81 down into its constituent elements and examining the function that each element serves. Arguing that jurisdiction rests on a public/private distinction, both the substantive and the justificatory rules are cast to generate obligations appropriate for private actors to perform. Actors and activities falling within the scope of Article 81 are subject to the substantive element prohibiting contrived reductions in output. Since output reduction can co-exist with cost reduction/innovation, and that these latter features are desirable, cost reduction and innovation operate to justify infringement of the substantive obligation. Thus this monograph argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis. It is in this sense that the monograph is concerned with the boundaries of Article 81 EC.
Author : Niels Philipsen
Publisher : Springer
ISBN 13 : 3662482738
Total Pages : 321 pages
Book Rating : 4.6/5 (624 download)
Download or read book Market Integration: The EU Experience and Implications for Regulatory Reform in China written by Niels Philipsen and published by Springer. This book was released on 2015-11-06 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between regulation and market integration, with a special focus on China. It pursues a Law and Economics and Comparative Law approach (China and EU) to analyze the current obstacles to market integration and domestic economic growth in China. Topics covered at the national level include competition law, public procurement rules and financial regulation. At the regional and local level, this book addresses questions related to administrative monopolies, self-regulation, legal services markets, and environmental law.
Author : Joana Mendes
Publisher : Oxford University Press
ISBN 13 : 0192561340
Total Pages : 461 pages
Book Rating : 4.1/5 (925 download)
Download or read book EU Executive Discretion and the Limits of Law written by Joana Mendes and published by Oxford University Press. This book was released on 2019-05-02 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.
Author : Grith Skovgaard Ølykke
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361813
Total Pages : 439 pages
Book Rating : 4.7/5 (853 download)
Download or read book Reformation or Deformation of the EU Public Procurement Rules written by Grith Skovgaard Ølykke and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
Author : Wouter van Ballegooij
Publisher :
ISBN 13 : 9781780683263
Total Pages : 414 pages
Book Rating : 4.6/5 (832 download)
Download or read book The Nature of Mutual Recognition in European Law written by Wouter van Ballegooij and published by . This book was released on 2015-07-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]
Author : Julian Nowag
Publisher : Oxford University Press
ISBN 13 : 0191068306
Total Pages : 390 pages
Book Rating : 4.1/5 (91 download)
Download or read book Environmental Integration in Competition and Free-Movement Laws written by Julian Nowag and published by Oxford University Press. This book was released on 2016-11-17 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.
Author : M. Baimbridge
Publisher : Springer
ISBN 13 : 0230598161
Total Pages : 234 pages
Book Rating : 4.2/5 (35 download)
Download or read book Current Economic Issues in EU Integration written by M. Baimbridge and published by Springer. This book was released on 2004-08-23 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines selected pertinent topics on issues relating to current and future EU developments. In its initial sections, the book focuses on an array of wide ranging micro (agriculture, industry and competition) and macro (EMU, regional convergence and enlargement) issues. A final section is reserved for discussion on Britain's future relationship with the EU. In particular, the book posits possible alternative strategies (e.g. NAFTA membership and policy frameworks) and examines these from both a theoretical and empirical perspective.
Author : Bridget Heal
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754662129
Total Pages : 334 pages
Book Rating : 4.6/5 (621 download)
Download or read book The Impact of the European Reformation written by Bridget Heal and published by Ashgate Publishing, Ltd.. This book was released on 2008 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have witnessed the fragmentation of Reformation studies. High-level research has tended to be confined within specific geographical, confessional or chronological boundaries. By bringing together scholars working on a wide variety of topics, this volume aims to counteract this centrifugal trend and to provide a broad perspective on the impact of the European reformation. The essays present new research from historians of politics, of the church and of belief. Their geographical scope ranges from Scotland and England via France and Germany to Transylvania and their chronological span from the 1520s to the 1690s. Together, they demonstrate that movements for religious reform left no sphere of European life untouched.
Author : Joan Lockwood ODonovan
Publisher : Bloomsbury Publishing
ISBN 13 : 0567712524
Total Pages : 329 pages
Book Rating : 4.5/5 (677 download)
Download or read book English Public Theology written by Joan Lockwood ODonovan and published by Bloomsbury Publishing. This book was released on 2023-11-16 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study commends the public theology of the English Reformation as a fruitful though neglected resource for a critical analysis of the contradictions of freedom that riddle late-modern liberal democracies and a constructive response to them. Drawn from the key legal, liturgical, homiletic and confessional elements of the English Reformation, this foundational Anglican tradition provides a theological vantage point for understanding current moral and political impasses in the western legacy of natural rights. The extensive development of natural rights in pre-modern scholastic theory and practice and its continuity with theoretical development from the 17th century onward make the Reformers' criticisms of scholastic moral, political, and ecclesial thought germane to identifying the problematic features of the prevailing modern tradition and to furnishing a theological alternative to them. These features are: an individualistic and voluntarist conception of moral agency, a regulative and juridical orientation to human relationships, and an anthropocentric concentration on human rather than on divine right, judgement, and freedom. The humanity they portray is detached from its created ordering to Christological perfection and bound within a self-enclosed ethical and political self-understanding. This is effectively countered by the English reformers' presentation of the salvation of creation in Christ, faith working through love, the spiritual fellowship of the church, and the provisional character of political jurisdiction.
