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Author : Susan Steele
Publisher : Springer Science & Business Media
Page : 458 pages
File Size : 50,9 Mb
Release : 2012-12-06
Category : Language Arts & Disciplines
ISBN : 9789400923782
Author : Sandra Marco Colino
Publisher : Routledge
Page : 530 pages
File Size : 52,6 Mb
Release : 2017-03-02
Category : Business & Economics
ISBN : 9781351953290
Antitrust is fast becoming a ’trending topic’, with over 120 countries having already adopted some form of competition legislation. This volume brings together carefully selected articles which reflect the evolution and progression of the regulation of joint conduct under competition law on both sides of the Atlantic, and which discuss principles of fundamental importance for antitrust law. The articles focus on various kinds of joint conduct between companies which might bear negative effects on competition, in particular on horizontal cartels and collusion between competitors. Attention is also paid to the debate surrounding the most adequate approach for vertical agreements, which take place between firms operating at different levels of production. Their effects on competition have traditionally been one of the most disputed issues in modern antitrust, and tend to divide the principal schools of thought that have influenced the evolution of competition policy around the world. The articles look primarily at two of the most established antitrust jurisdictions, namely the United States and the European Union. They discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular attention to the main schools of thought that have influenced antitrust in the US and the EU; and are representative of the leading discussions in the course of antitrust history.
Author : K. D. Raju
Publisher : Kluwer Law International B.V.
Page : 522 pages
File Size : 54,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127808
The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.
Author : Aradhna Aggarwal
Publisher : Oxford University Press
Page : 128 pages
File Size : 42,7 Mb
Release : 2006-10-20
Category : Political Science
ISBN : 9780199087877
In the era of globalization, trade policy has become a key development tool and expanding exports a major policy objective for developing countries. However, pressures for protectionism are threatening to reverse the gains. The surge of anti-dumping practices in the 1990s in many countries have triggered an intense debate on the anti-dumping agreement and its implementation. This volume analyses the importance of anti-dumping from a developing country's perspective. The author investigates the use of anti-dumping in a comparative framework and reviews the genesis and evolution of the Agreement and its legal provisions. She further discusses the economic and non-economic justifications of anti-dumping use and empirically analyses the macro-economic factors motivating countries to use anti-dumping. Finally she examines the wide-ranging proposals to reform the WTO anti-dumping code. The analysis brings out a bias against developing countries and stresses the need for fundamental reform of current anti-dumping rules. The author also reflects on plausible approaches to refine existing provisions and explores the possibility of reform by including a Public Interest Test. She suggests updating the special and differential treatment provisions to remedy existing imbalances.
Author : Sandra Marco Colino
Publisher : Unknown
Page : 19 pages
File Size : 43,7 Mb
Release : 2018
Category : Electronic
ISBN : OCLC:1304332325
Antitrust and competition law have grown dramatically in importance and significance over the last fifty years. US antitrust law has been the principal source of inspiration for jurisdictions wishing to introduce regulation to control cartels and monopolization, and antitrust regulation has now been adopted in more than 120 countries. The significance of this 'new' field of law continues to grow as more and more antitrust cases are brought to the courts in Europe and the US, and with operators becoming increasingly inventive. The Library of Essays on Antitrust and Competition Law gathers some of the most relevant literature covering on the principal aspects of the subject. Each of the three volumes focuses on a distinct area of economic activity affected by antitrust law: cartels and anti-competitive agreements; dominance and monopolization; and mergers and acquisitions. The selected essays cover the legal, economic and policy issues relating to attempts to regulate competition and provide insight into legal issues which have proven to be particularly relevant and contentious over the years. The series brings together the best of the extensive literature that has been published in this fast-moving field in recent years, and is an invaluable resource for both students and lecturers. This paper opens Volume I, and explains the relevance of the pieces chosen to cover the principal relevant areas: the aims and scope of the prohibition of anti-competitive joint conduct, horizontal agreements, vertical agreements, and procedure.
Author : Rohini Acharya
Publisher : Cambridge University Press
Page : 753 pages
File Size : 42,9 Mb
Release : 2016-09-22
Category : Business & Economics
ISBN : 9781107161641
This book explores bilateral and regional trade agreements, and examines how they are changing international trade rules. It offers an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by regional trade agreements.
Author : Willem Visser t'Hooft
Publisher : Routledge
Page : 244 pages
File Size : 45,9 Mb
Release : 2003-09-02
Category : History
ISBN : 9781135790035
Little has been written on Japanese contract law and anti-trust law in Western languages. This book describes the role of this law in protecting the distributor against unilateral terminations of distribution agreements. There have been significant pressures both to lower prices and restructure distribution channels in Japan which have strained many distribution agreements. This volume, based primarily on Japanese language legal material, not only involves a study of applicable black-letter law, but also a sociological study of its application in practice. Detailed analysis has been made in particular of famous legal termination cases during the 1990s in the Japanese luxury cosmetics distribution system which generated influential decisions by the higher courts and the Fair Trade Commission, providing new insights into whether or not there are distinct Japanese attitudes towards contracts.
Author : Tu Thanh Nguyen
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 41,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805445
The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners. European Intellectual Property Review This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book s unique contribution is a set of comparative case studies on this complex interface. D. Daniel Sokol, University of Florida Levin College of Law, US The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be glocalized appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.
Author : Philippe De Baere,Clotilde du Parc,Isabelle Van Damme
Publisher : Cambridge University Press
Page : 500 pages
File Size : 43,9 Mb
Release : 2021-08-31
Category : Law
ISBN : 1108423515
A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.
Author : Parties to the Agreement
Publisher : Good Press
Page : 46 pages
File Size : 43,6 Mb
Release : 2020-12-08
Category : Fiction
ISBN : EAN:4064066313920
"Anti-Counterfeiting Trade Agreement" is a multilateral treaty to establish international standards for intellectual property rights enforcement that did not enter into force. The agreement focuses on establishing an international legal framework for targeting counterfeit goods, generic medicines, and copyright infringements on the internet. It would create a new governing body outside existing forums.
Author : David Zarfes,Michael L. Bloom
Publisher : Aspen Publishing
Page : 304 pages
File Size : 49,7 Mb
Release : 2010-12-27
Category : Law
ISBN : 9781454859857
This concise paperback, which will be a valuable supplementary text to any traditional contracts casebook, combines cases and actual contracts to bring a real-world practical perspective to the first-year contracts classroom. Contracts: A Transactional Approach fills the long-felt need by professors, students, and practitioners for a teaching approach to contracts that focuses on practical and transactional skills.and Contracts: A Transactional Approach introduces business contracts and transactions to the first-year contracts class in a unique fashion: Actually executed agreements between sophisticated parties give students exposure to the sort of agreements they will encounter in practice as either a litigator or a transactional attorney. Agreements are lightly edited and are presented as whole documents unbroken by discussion to force the student to read and analyze contracts in their entirety. Focus points and, where appropriate, practitioner comments before each agreement help focus the student's attention on important concepts. The authors begin with the simplest agreement and iteractively build on the same lessons. The discussion is tailored to basic provisions and their interaction with contract law, enabling students to build familiarity with once seemingly foreign contractual provisions and concepts. Lessons focus on the building block provisions (e.g., recitals, representations, warranties, indemnities, limitations of liability, restrictive covenants, liquidated damages) typically found in sophisticated contracts, including the judicial treatment of those provisions. Practitioner comments from experts in the field provide insight and advice on relevant topics to give a real world and practical perspective and to drive home the relevance of these concepts to students. This book teaches students how to read and understand contracts (and to anticipate how judges may read and understand contracts) so that the student can better draft contracts. Drafting tips are sprinkled throughout the book.
Author : Edwin Black
Publisher : Dialog Press
Page : 715 pages
File Size : 55,8 Mb
Release : 2008-08-19
Category : History
ISBN : 9780914153931
The Transfer Agreement is Edwin Black's compelling, award-winning story of a negotiated arrangement in 1933 between Zionist organizations and the Nazis to transfer some 50,000 Jews, and $100 million of their assets, to Jewish Palestine in exchange for stopping the worldwide Jewish-led boycott threatening to topple the Hitler regime in its first year. 25th Anniversary Edition.
Author : Willem Visser t'Hooft
Publisher : Routledge
Page : 230 pages
File Size : 41,9 Mb
Release : 2003-09-02
Category : Business & Economics
ISBN : 9781135790042
This book describes the role of Japanese contract law in protecting the distributor against unilateral terminations of distribution agreements. Based primarily on Japanese language legal material.
Author : João Costa,Maria Cristina Figueiredo Silva
Publisher : John Benjamins Publishing
Page : 296 pages
File Size : 42,9 Mb
Release : 2006-04-06
Category : Language Arts & Disciplines
ISBN : 9789027293732
The status of agreement is a core issue in current morphological and syntactic theory. The collection of papers in this volume focuses on important issues, such as the nature of the relation between syntax and morphology in determining agreement relations; whether and which syntactic configurations are relevant for determining agreement; the relevance of verbal agreement for the purposes of EPP; the inquiry into the existence of connections between verbal and DP-internal agreement; on the morphological and syntactic distinction of person, number and gender agreement; how and why AGREE and Spec,head relations trigger different agreement effects; and the type of relation that exists between head-movement and morphological agreement. The data collected come from a wide variety of languages and the studies presented discuss innovative and thought-provoking ideas for dealing with agreement phenomena.
Author : Philippe De Baere,Clotilde du Parc,Isabelle Van Damme
Publisher : Cambridge University Press
Page : 921 pages
File Size : 46,6 Mb
Release : 2021-09-02
Category : Law
ISBN : 9781108530385
A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.
