Competition Rules For The 21st Century

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Competition Rules for the 21st Century

Ky Ewing,Ky P. Ewing
Competition Rules for the 21st Century Book PDF

Author : Ky Ewing,Ky P. Ewing
Publisher : Kluwer Law International B.V.
Page : 762 pages
File Size : 48,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124777

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Competition Rules for the 21st Century by Ky Ewing,Ky P. Ewing Pdf

Ky Ewingand’s magisterial work on international competition law is here updated to take stock of the prodigious expansion of anti-cartel enforcement throughout the world in the intervening years. Although the book has been highly regarded as a major reconsideration of the foundations of competition law and policy, it has also proven enormously valuable for its wealth of information and practical guidance. Among its most useful features (some new to the second edition) are the following: and• a vast amount of statistical and other information about public competition law enforcement agencies and their resources around the world; and• in-depth analysis of the differences in competition law regimes and the various economic and legal theories from which they derive; and• detailed attention to jurisprudence and legal commentary over many decades; and• probing of the meaning of and‘lowand’ and and‘fairand’ as applied to prices; and• suggestions for carrying out re-evaluation of policies on the basis of empirical evidence; and• formulation of a model new U.S. competition law preempting state laws; and and• guidelines on distinguishing useful collaboration from collusive activity. Nine new appendices have been added to this edition, covering such informative material as new statistical data about U.S. enforcement, details on the dramatic cooperation now taking place among nations in anti-cartel enforcement, and suggestions on how companies and practitioners should respond to multinational investigations.

International Economic Law in the 21st Century

Ernst-Ulrich Petersmann
International Economic Law in the 21st Century Book PDF

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 574 pages
File Size : 40,9 Mb
Release : 2012-07-24
Category : Law
ISBN : 9781847319814

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International Economic Law in the 21st Century by Ernst-Ulrich Petersmann Pdf

The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

Airline Business in the 21st Century

Rigas Doganis
Airline Business in the 21st Century Book PDF

Author : Rigas Doganis
Publisher : Routledge
Page : 256 pages
File Size : 43,8 Mb
Release : 2005-06-28
Category : Business & Economics
ISBN : 9781134618217

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Airline Business in the 21st Century by Rigas Doganis Pdf

This book focuses on the major issues that will affect the airline industry in this new millennium. It tells of an industry working on low margins and of cut-throat competition resulting from 'open skies'. Among the issues discussed are: * the low-cost airline * the impact of electronic commerce * the debate on global airline alliances * privatizing state-owned airlines * the creation of a Trans Atlantic Common Aviation area Most importantly, the book carefully analyzes the strategies that are needed for airlines to succeed in the twenty-first century. This is essential reading for anyone interested in aviation.

European Union Law

Damian Chalmers,Gareth Davies,Giorgio Monti
European Union Law Book PDF

Author : Damian Chalmers,Gareth Davies,Giorgio Monti
Publisher : Cambridge University Press
Page : 1209 pages
File Size : 55,5 Mb
Release : 2010-06-24
Category : Law
ISBN : 9781139487887

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European Union Law by Damian Chalmers,Gareth Davies,Giorgio Monti Pdf

This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.

State Trading in the Twenty-First Century

Thomas Cottier,Petros C. Mavroidis,Krista Schefer
State Trading in the Twenty First Century Book PDF

Author : Thomas Cottier,Petros C. Mavroidis,Krista Schefer
Publisher : University of Michigan Press
Page : 465 pages
File Size : 45,6 Mb
Release : 1998-12-02
Category : Business & Economics
ISBN : 9780472109968

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State Trading in the Twenty-First Century by Thomas Cottier,Petros C. Mavroidis,Krista Schefer Pdf

DIVThe first volume in the World Trade Forum annual examines trade liberalization and property ownership /div

Information Exchange Between Competitors in EU Competition Law

Martin Gassler
Information Exchange Between Competitors in EU Competition Law Book PDF

Author : Martin Gassler
Publisher : Kluwer Law International B.V.
Page : 462 pages
File Size : 53,5 Mb
Release : 2021-02-12
Category : Law
ISBN : 9789403531847

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Information Exchange Between Competitors in EU Competition Law by Martin Gassler Pdf

Information Exchange Between Competitors in EU Competition Law Martin Gassler Competing firms often exchange information in order to make more informed market decisions which can help to overcome market inefficiencies. However, an abundance of legal and economic research as well as case law has shown that information exchange may also enable firms to engage in collusion more readily and sustain it longer. This book is the first to concentrate on this challenging topic of EU competition law in such depth. It focuses on ‘pure’ information exchanges – exchanges that are not ancillary to a wider pro-competitive or anticompetitive conduct – and thoroughly explains the characteristics of such information exchanges, their pro-competitive and anticompetitive effects and discusses all the relevant legal aspects for their assessment. The author provides a robust analytical framework for assessing information exchanges under Article 101 TFEU, focusing on the risk of collusive outcomes and what types of information exchange are particularly harmful. With detailed attention to the leading cases on information exchange, the analysis examines the most important aspects for assessing information exchange between competitors, in particular: the concept of a concerted practice; the concepts of a restriction by object and effect, including their similarities and differences; the importance of evidentiary issues; the issue of signalling via advance public announcements; factors that facilitate collusion; efficiencies of information exchange, including market transparency; the legal challenges of tackling mere parallel conduct; facilitative practices in the Commission Guidelines, including the Horizontal Cooperation Guidelines; and safe harbours for certain types of information exchange. The book offers clear guidance on how to identify and thus distinguish information exchange that restricts competition by its object and information exchange that restricts competition (only) by its effects. It offers practical solutions to some of the perceived issues when assessing information exchanges. With its wealth of analysis not available from other sources, this concise yet comprehensive review of a much-debated topic in competition law offers clear guidance for practitioners in assessing the issues surrounding information exchange. The book will also be welcomed by competition law academics, competition lawyers and competition authority officials throughout Europe.

The Future of International Economic Law

William J. Davey,John Jackson
The Future of International Economic Law Book PDF

Author : William J. Davey,John Jackson
Publisher : OUP Oxford
Page : 336 pages
File Size : 44,9 Mb
Release : 2008-05-22
Category : Law
ISBN : 9780191564192

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The Future of International Economic Law by William J. Davey,John Jackson Pdf

This book comprises fifteen specially commissioned contributions from the Editorial Board of the Oxford Journal of International Economic Law in celebration of the Journal's tenth anniversary. The contributions examine various issues confronting the international economic regime today, and cover a wide range of international economic institutions such as the IMF, the World Bank, and the WTO. It pays particular attention to examining the WTO and its regulatory scope, its systemic and structural deficiencies, its role in development and in liberalising trade in services, its tense relationship to regionalism and to trade-related issues such as environment, competition and dispute settlement in the field of investment. The contributions are authored by leading academics in the field, including lawyers, economists, and political scientists who come from a range of developed and developing country backgrounds. This book constitutes a reflection by important individuals on almost all the major contemporary issues facing the WTO today, and therefore represents a snapshot of the key lines of thinking among many of the leading legal scholars of the WTO and international economic regime which are likely to guide the field in the years to come. This is a book edition of the special 10th anniversary third issue of vol. 10 of the Oxford Journal of International Economic Law September 2007

A World Trade Organization for the 21st Century

Richard Baldwin,Masahiro Kawai,Ganeshan Wignaraja
A World Trade Organization for the 21st Century Book PDF

Author : Richard Baldwin,Masahiro Kawai,Ganeshan Wignaraja
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 47,7 Mb
Release : 2014-11-28
Category : Business & Economics
ISBN : 9781783479283

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A World Trade Organization for the 21st Century by Richard Baldwin,Masahiro Kawai,Ganeshan Wignaraja Pdf

ø Policy makers will benefit from the expert knowledge and policy lessons presented in this book, and development economists and researchers will profit from its critical examination of the world trading system. Undergraduate and postgraduate studen

Sixty Years of EU State Aid Law and Policy

Eugene Stuart,Iana Roginska-Green
Sixty Years of EU State Aid Law and Policy Book PDF

Author : Eugene Stuart,Iana Roginska-Green
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 49,9 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041189240

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Sixty Years of EU State Aid Law and Policy by Eugene Stuart,Iana Roginska-Green Pdf

If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations. Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following: – linkages to other established and evolving EU common policies and common strategies; – effect of EU State aid rules in the expanding geopolitical regions of EU influence; – interaction with the WTO Subsidies and Countervailing Measures Agreement; – the problem of a ‘subsidies culture’; – how the European Commission’s notion of ‘bad’ State aid has evolved; – effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation; – nexus with EU tax harmonisation; – competition among undertakings versus competition among Member State policies; and – nature of the quasi-devolution of regulatory responsibilities to EU Member States. This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.

Antitrust Law in Brazil

Eduardo Molan Gaban,Juliana Oliveira Domingues
Antitrust Law in Brazil Book PDF

Author : Eduardo Molan Gaban,Juliana Oliveira Domingues
Publisher : Kluwer Law International B.V.
Page : 448 pages
File Size : 44,6 Mb
Release : 2011-12-05
Category : Law
ISBN : 9789041142948

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Antitrust Law in Brazil by Eduardo Molan Gaban,Juliana Oliveira Domingues Pdf

This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and conduct controls); evaluation of barriers to entry and rivalry in analysed markets; assessment of proof and circumstantial evidence within CADE case law and court decisions; examination of rational justifications for practices under investigation; legality of exchange of information; leniency agreements; cease and desist agreements; cultural issues and modifications; civil and criminal enforcement; private damages considerations; and the role of international and regional competition law regimes (OECD, UNCTAD, WTO, ICN, Mercosur). The book’s consolidated research on Brazil’s cartel investigations clearly describes the main defence theories and the courts’ decisions. The authors also explore the relationship of Brazil’s antitrust law to the country’s public policies in the areas of consumer rights, public procurement, and measures against corruption, with special emphasis on the synergies arising from antitrust law and consumer protection. It is worth noting that the studies carried out in this book discussed Law No. 8884/94 (Brazilian Antitrust Law) and the New Brazilian Antitrust Law, which was passed on 5 October 2011 and which will be enforced in 2012. With its unique synthesis of constitutional law, comparative antitrust law, and CADE’s case law, this book will be welcomed by competition lawyers and other parties interested in methods and procedures used in merger and conduct control, and especially in anti-cartel enforcement, in developing countries.

EU Competition Law

Eleanor M. Fox,Damien Gerard
EU Competition Law Book PDF

Author : Eleanor M. Fox,Damien Gerard
Publisher : Edward Elgar Publishing
Page : 487 pages
File Size : 42,8 Mb
Release : 2023-01-20
Category : Law
ISBN : 9781839104671

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EU Competition Law by Eleanor M. Fox,Damien Gerard Pdf

This innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world.

International Investment Law and Competition Law

Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi
International Investment Law and Competition Law Book PDF

Author : Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi
Publisher : Springer Nature
Page : 292 pages
File Size : 42,8 Mb
Release : 2020-05-23
Category : Law
ISBN : 9783030339166

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International Investment Law and Competition Law by Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi Pdf

This EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.

The Market Economy Investor Test in EU State Aid Law: Applicability and Application

Małgorzata Cyndecka
The Market Economy Investor Test in EU State Aid Law Applicability and Application Book PDF

Author : Małgorzata Cyndecka
Publisher : Kluwer Law International B.V.
Page : 386 pages
File Size : 55,5 Mb
Release : 2016-05-05
Category : Law
ISBN : 9789041183408

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The Market Economy Investor Test in EU State Aid Law: Applicability and Application by Małgorzata Cyndecka Pdf

For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned. This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the test's misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following; - What characterizes a 'prudent' investor? - When is it justified to consider a given public investor 'rational' or 'reasonable'? - How should too 'economic' or 'commercial soundness' of state interventions be understood? - What rate of return is required under the MEIP and how is it calculated? - When should the profitability analysis be undertaken and why? The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commission's guidelines explaining the test's mechanism. Soo considers the various critiques of the test and concludes with proposals for change. Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too book's systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.

Directory of EU Case Law on State Aids

René Barents
Directory of EU Case Law on State Aids Book PDF

Author : René Barents
Publisher : Kluwer Law International B.V.
Page : 875 pages
File Size : 52,9 Mb
Release : 2022-06-06
Category : Law
ISBN : 9789403544519

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Directory of EU Case Law on State Aids by René Barents Pdf

This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book covers the relevant case law of both courts. There is a new chapter on legal protection and additional material on the concept of State aid, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids. With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107-109 TFEU, including the following and much more: territorial scope of State aids; Article 107(1) EC and WTO Agreements; conditions for categorizing a national measure as State aid; free movement of goods; undertakings; private versus public investment; justification of selective measures; interstate trade and competition; tax measures; restructuring aids; procedural aspects; and locus standi of trade associations. In many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this updated edition of the preeminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.

The Limits of Competition Policy

A. E. Rodriguez,Ashok Menon
The Limits of Competition Policy Book PDF

Author : A. E. Rodriguez,Ashok Menon
Publisher : Kluwer Law International B.V.
Page : 234 pages
File Size : 55,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041131775

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The Limits of Competition Policy by A. E. Rodriguez,Ashok Menon Pdf

What the authors offer is a thoroughgoing analysis clearly demonstrating that, whatever economic path developing countries pursue, imposing Western-style antitrust regimes will engender uncertainty, chill economic behaviour, and foster an unhealthy climate for business. They employ the influential error-cost methodology to appraise the performance of competition policy and to show how such a policy creates irresolvable tensions in fragile economies with weak institutions - economies characterized by informal rules of business practice, long-standing symbiotic business-state relationships, and unpredictable state action. They mount a powerful critique of the arguments of neo-institutionalists (who fail to recognize the vulnerable nature of emerging market economies) and competition `advocates' (who presume to stand ready and vigilant to enforce competition policy on state entities). --