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Author : Canada. Competition Bureau
Publisher : Canadian Government Publishing
Page : 58 pages
File Size : 45,8 Mb
Release : 2000
Category : Intellectual property
ISBN : 066265224X
Author : Frederic Jenny,Yannis Katsoulacos
Publisher : Springer
Page : 363 pages
File Size : 40,5 Mb
Release : 2016-06-13
Category : Law
ISBN : 9783319309484
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 : K. J. Cseres,Katalin J. Cseres,Maarten-Pieter Schinkel,Floris O. W. Vogelaar
Publisher : Edward Elgar Publishing
Page : 369 pages
File Size : 48,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9781847202901
This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.
Author : Jeroen van der Heijden
Publisher : IOS Press
Page : 224 pages
File Size : 45,7 Mb
Release : 2008
Category : Law
ISBN : 9781586039622
Globally, the private sector is becoming increasingly involved in regulation and regulatory enforcement - often mutually competing or, as a sector, competing with traditional government departments. This book offers insight into this trend in a specific policy area: the built environment.
Author : Paulo Burnier da Silveira,William Evan Kovacic
Publisher : Kluwer Law International B.V.
Page : 311 pages
File Size : 43,6 Mb
Release : 2019-10-17
Category : Law
ISBN : 9789403502120
Global Competition Enforcement New Players, New Challenges Edited by Paulo Burnier da Silveira & William Evan Kovacic In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries. The following aspects of the subject and more are examined in depth: the interface between antitrust and anti-corruption; the digital economy’s challenges to competition authorities; convergent aims and rules among different competition authorities; regional organizations with competition mandates; competition neutrality and state-owned enterprises; and leniency programmes. Although necessarily there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities in five continents including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions. Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations. Antitrust lawyers, corporate counsel and interested academics as well as policymakers will benefit immeasurably from this book’s wealth of informative detail.
Author : Antonio Di Domenico
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2018-10
Category : Electronic
ISBN : 1552396436
Author : Andriani Kalintiri
Publisher : Bloomsbury Publishing
Page : 287 pages
File Size : 55,9 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781509919673
What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.
Author : Jurgita Malinauskaite
Publisher : Springer Nature
Page : 280 pages
File Size : 48,8 Mb
Release : 2019-11-15
Category : Law
ISBN : 9783030302337
This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.
Author : Yannis Katsoulacos,Frédéric Jenny
Publisher : Springer
Page : 0 pages
File Size : 46,5 Mb
Release : 2018-09-24
Category : Law
ISBN : 3319928309
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 : Julia Molestina
Publisher : Springer
Page : 429 pages
File Size : 51,9 Mb
Release : 2019-03-06
Category : Law
ISBN : 9783662585252
The book examines the potential for regional competition law systems as enforcement tools in developing countries, based on a case study of the West African Economic and Monetary Union, the Andean Community and the Caribbean Community. It analyses the allocation of enforcement competences between the regional/supranational and the national level and formulates detailed guidelines on the optimal degree of centralization or decentralization. The book addresses all readers that are interested in the enforcement of competition law in developing countries. Moreover, it provides practical insights for public institutions that wish to identify or prevent possible misallocation of competences within regional competition law systems.
Author : A. Andreangeli
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 40,7 Mb
Release : 2008-01-01
Category : Political Science
ISBN : 9781848442672
. . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.
Author : Assimakis Komninos
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 40,5 Mb
Release : 2008-02-22
Category : Law
ISBN : 9781847314086
This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
Author : Valerie Demedts
Publisher : BRILL
Page : 454 pages
File Size : 50,5 Mb
Release : 2018-10-25
Category : Law
ISBN : 9789004372962
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.
Author : Kirst, Philipp
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 49,8 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781800887527
This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.
Author : Pradeep S. Mehta
Publisher : Routledge
Page : 242 pages
File Size : 53,6 Mb
Release : 2012
Category : Business & Economics
ISBN : 9780415672139
This edited volume identifies the various country specific factors that warrant changes in the design and implementation of competition laws. It uses case studies to trace the evolution of competition regimes in countries of varying degrees of economic development, and identifies the factors that influence the pace and effectiveness of competition reforms.