Competition Law In The Brics Countries

Author : Adrian Emch,Jose Regazzini
Publisher : Kluwer Law International B.V.
Page : 368 pages
File Size : 49,7 Mb
Release : 2012-09-01
Category : Law
ISBN : 9789041142122

Get Book

Competition Law in the BRICS Countries by Adrian Emch,Jose Regazzini Pdf

Companies around the world and their advisors have realized, over the past few years, that they must be very aware of merger control and antitrust enforcement developments in Brasilia, Moscow, New Delhi, Beijing, and Pretoria. When one appreciates the extent of enforcement by the competition authorities of the powerful emerging economies of Brazil, Russia, India, China, and South Africa, it becomes clear that a fundamental change in the focus of international antitrust enforcement has occurred. Under the auspices of the International Bar Association, this timely, invaluable book examines in detail the fast-moving antitrust developments in the BRICS countries. Twenty-nine outstanding experts – practitioners, officials, and academics, each of them working in one of the five countries – present in-depth descriptions of the structure, powers, and procedures of their country’s respective enforcement agencies. Disclosure, transparency, benchmarking, portfolio of policymaking tools, and the speed, phasing, and priorities of implementation are all fully analysed. The authors provide summaries with implications of relevant cases in their jurisdictions. The issues and topics covered include the following: politics, resources, priorities; cooperation with criminal prosecutors and police; extraterritoriality; availability of administrative sanctions, criminal enforcement, and private actions; assessment of dominance; investigation: procedure, powers, burden of proof, appeal; procompetitive development of particular sectors of the economy; leniency programs; calculation of market share thresholds; triggering events/thresholds; notification thresholds and documents; employee and trade union involvement; and government participation and intervention. At a time when the BRICS antitrust agencies are increasingly asserting their roles in a multipolar antitrust world and cooperating with each other more and more, this thorough and up-to-date comparative analysis on what the BRICS countries are doing in the antitrust sector will be extremely valuable to corporate counsel worldwide. For academics and policymakers it will provide a highly revealing perspective on the current state of international competition law enforcement.

Author : Tembinkosi Bonakele,Eleanor Fox,Liberty Mncube
Publisher : Oxford University Press
Page : 304 pages
File Size : 53,8 Mb
Release : 2017-12-01
Category : Law
ISBN : 9780192538703

Get Book

Competition Policy for the New Era by Tembinkosi Bonakele,Eleanor Fox,Liberty Mncube Pdf

Competition law has expanded to more than 100 jurisdictions worldwide with varying degrees of economic, social, and institutional development, raising important questions as to what is the appropriate design of competition law regimes and the interaction between competition law and economic development. This volume, comprising a selection of papers from the 4th BRICS International Competition Conference written by academic and practising economists and lawyers from both developed and developing countries, is distinctive in its focus on a broader view of competition policy in BRICS and developing countries. It examines the role competition, the application of broader public interest and national interest concerns in the analysis and influence on developing country competition authorities' policy-making. The contributors address topics such as: - a broad view of competition policy; - making markets work for the people as a post millennium development goal; - some key issues concerning the further development of China's antimonopoly law; - remedies in BRICS countries; - public interest issues in cross-border mergers; - crafting creative remedies in food markets in South Africa; - what are African competition authorities doing to fight cartels?; - successes and challenges in the fight against cartels; and the economics of antitrust sanctioning.

Author : Frederic Jenny,Yannis Katsoulacos
Publisher : Springer
Page : 363 pages
File Size : 53,9 Mb
Release : 2016-06-13
Category : Law
ISBN : 9783319309484

Get Book

Competition Law Enforcement in the BRICS and in Developing Countries by Frederic Jenny,Yannis Katsoulacos Pdf

This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.

Author : Yannis Katsoulacos,Frédéric Jenny
Publisher : Springer
Page : 284 pages
File Size : 49,6 Mb
Release : 2018-09-12
Category : Law
ISBN : 9783319928319

Get Book

Excessive Pricing and Competition Law Enforcement by Yannis Katsoulacos,Frédéric Jenny Pdf

This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and a number of EU-member states in recent years. The book begins by discussing the economic arguments for and against the prohibition of excessive or unfair prices by firms with market power. It then presents various country studies, focusing on developed countries (such as the UK and Israel) and on the BRICS countries, to highlight various practical challenges involved in recognizing excessive prices as abusive conduct on the part of dominant firms, including how to define, measure and identify excessive prices. The contributors also discuss other policy options that can be used to fight excessive prices in order to protect consumer welfare.

Author : Rostam J. Neuwirth,Alexandr Svetlicinii,Denis De Castro Halis
Publisher : Cambridge University Press
Page : 411 pages
File Size : 41,9 Mb
Release : 2017-10-12
Category : Business & Economics
ISBN : 9781108416238

Get Book

The BRICS-Lawyers' Guide to Global Cooperation by Rostam J. Neuwirth,Alexandr Svetlicinii,Denis De Castro Halis Pdf

Explores the role of law in different areas of BRICS cooperation and the impact it can make on global governance.

Author : Damien Geradin
Publisher : World Bank Publications
Page : 110 pages
File Size : 50,5 Mb
Release : 2004
Category : Antitrust law
ISBN : 0821358928

Get Book

Competition Law and Regional Economic Integration by Damien Geradin Pdf

Author : Roger van den Bergh,Peter D. Camesasca,Andrea Giannaccari
Publisher : Unknown
Page : 0 pages
File Size : 52,5 Mb
Release : 2017
Category : Antitrust law
ISBN : 1786438305

Get Book

Comparative Competition Law and Economics by Roger van den Bergh,Peter D. Camesasca,Andrea Giannaccari Pdf

Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches. The book provides thorough coverage including the definition of market power, the use of horizontal and vertical restrictions, mergers and the unilateral conduct of dominant firms. It also includes discussion of problems relating to the enforcement of legal prohibitions, which will be of particular interest to practitioners and regulators. With analysis of leading cases of EU competition law, US antitrust law and insightful case studies of competition laws in BRIC countries, this book succinctly highlights the key information and goes further to discuss the many issues relating to the use of economic analysis. Key Features: uses economic insights to help students understand the context in which the rules of competition law are applied systematically compares EU competition law and US antitrust law, with discussion of leading cases, in order to understand how the underlying principles work in practice clear presentation, including boxes highlighting key case studies, ensures information on the competition laws of various BRIC countries is easily accessible the comparative approach and use of international case studies make this an ideal textbook for students in any jurisdiction.

Author : Eleonora Poli
Publisher : Springer
Page : 217 pages
File Size : 42,7 Mb
Release : 2015-10-19
Category : Political Science
ISBN : 9781137482952

Get Book

Antitrust Institutions and Policies in the Globalising Economy by Eleonora Poli Pdf

Eleonora Poli analyses how ideas and material interests have come to determine the evolution of antitrust policies in the USA, EU, Japan and BRICS. She argues that three major economic crises together with market globalisation have changed governments' perceptions of market competition, giving rise to a neo-liberal global phase.

Author : Eleanor M. Fox,Harry First (juriste).),Nicolas Charbit,Elisa Ramundo
Publisher : Unknown
Page : 218 pages
File Size : 44,7 Mb
Release : 2015
Category : Law
ISBN : 193900747X

Get Book

Antitrust in Emerging and Developing Countries by Eleanor M. Fox,Harry First (juriste).),Nicolas Charbit,Elisa Ramundo Pdf

Concurrences Review in partnership with New York University School of Law held the inaugural conference, "Antitrust in Emerging and Developing Countries," in New York on October 24, 2014. Five panels of prominent speakers representing 10 jurisdictions explored the economic context and addressed the challenges and developments in competition law and policy in emerging and developing jurisdictions, in particular China, India, Mexico, Brazil and South Africa. This book collects the papers of the conference participants on unique and pressing competition issues in developing countries.

Author : Ioannis Lianos,Alekseĭ I︠U︡rʹevich Ivanov,Dennis Davis
Publisher : Unknown
Page : 128 pages
File Size : 53,5 Mb
Release : 2021
Category : Agricultural laws and legislation
ISBN : 1108454305

Get Book

Global Food Value Chains and Competition Law by Ioannis Lianos,Alekseĭ I︠U︡rʹevich Ivanov,Dennis Davis Pdf

"The book deals with global food value chains and different technological challenges and new economic realities connected to it. It delves into the issue of the consolidation of the food supply chain and the challenges it presents for competition law and policy. The issue of power in the food value chain is also considered as well as the intersection of competition law in the food industry with a number of international and transnational legal regimes, in particular, trade law, human rights law and international standard setting. The book deals with the considerable role of intellectual property ('IP') rights and innovation in the development of the industry and the strategies followed by the main actors, in particular, in the upstream factors of production market to build competitive advantage and protect their technology. It covers a wide range of jurisdictions like United States of America, European Union, and BRICS countries"--

Author : D. Daniel Sokol,Thomas K. Cheng,Ioannis Lianos
Publisher : Stanford University Press
Page : 329 pages
File Size : 51,5 Mb
Release : 2013-09-11
Category : Law
ISBN : 9780804787925

Get Book

Competition Law and Development by D. Daniel Sokol,Thomas K. Cheng,Ioannis Lianos Pdf

The vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.

Author : Robert D. Anderson,Nuno Pires de Carvalho,Antony Taubman
Publisher : Cambridge University Press
Page : 925 pages
File Size : 51,7 Mb
Release : 2021-08-05
Category : Business & Economics
ISBN : 9781107194366

Get Book

Competition Policy and Intellectual Property in Today's Global Economy by Robert D. Anderson,Nuno Pires de Carvalho,Antony Taubman Pdf

The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

Author : Xiaoye Wang,Jessica Su
Publisher : Kluwer Law International B.V.
Page : 202 pages
File Size : 41,6 Mb
Release : 2018-02-27
Category : Law
ISBN : 9789041195913

Get Book

Competition Law in China by Xiaoye Wang,Jessica Su Pdf

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.

Author : Ioannis Lianos,Alexey Ivanov,Dennis Davis
Publisher : Cambridge University Press
Page : 661 pages
File Size : 55,5 Mb
Release : 2022-05-05
Category : Law
ISBN : 9781108632850

Get Book

Global Food Value Chains and Competition Law by Ioannis Lianos,Alexey Ivanov,Dennis Davis Pdf

The food industry is a notoriously complex economic sector that has not received the attention it deserves within legal scholarship. Production and distribution of food is complex because of its polycentric character (as it operates at the intersection of different public policies) and its dynamic evolution and transformation in the last few decades (from technological and governance perspectives). This volume introduces the global value chain approach as a useful way to analyse competition law and applies it to the operations of food chains and the challenges of their regulation. Together, the chapters not only provide a comprehensive mapping of a vast comparative field, but also shed light on the intricacies of the various policies and legal fields in operation. The book offers a conceptual and theoretical framework for competition authorities, companies and academics, and fills a massive gap in the competition policy literature dealing with global value chains and food.

Author : Anestis S. Papadopoulos
Publisher : Cambridge University Press
Page : 128 pages
File Size : 43,9 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139492386

Get Book

The International Dimension of EU Competition Law and Policy by Anestis S. Papadopoulos Pdf

Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.