Exclusionary Abuse After The Post Danmark I Case

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Exclusionary Abuse after the Post Danmark I case

Anders Jessen
Exclusionary Abuse after the Post Danmark I case Book PDF

Author : Anders Jessen
Publisher : Kluwer Law International B.V.
Page : 298 pages
File Size : 47,6 Mb
Release : 2017-07-01
Category : Law
ISBN : 9789041190161

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Exclusionary Abuse after the Post Danmark I case by Anders Jessen Pdf

Article 102 TFEU constitutes that a firm holding a dominant position in its market is not allowed to abuse this dominant market power through unilateral conduct. Although this provision is clearly of great importance in curbing the adverse effects of market power, it remains far from clear when dominant firms exclusionary conduct is in breach of this provision. This book presents an in-depth analysis of the limited case law, soft law, and theory in the field of law and economics on the matter, confronting the complex issues raised by the effects-based approach used to determine whether competition law has been breached, and clarifying how this approach can best be applied in future cases. Among the issues and topics covered are the following: – relevant case law, notably Post Danmark I, Tomra, and Intel; – analyses and discussions of when and how to apply the effect-based approach, including by object restrictions; – economic theories in the context of Article 102 TFEU; and – predation versus exclusion. While the book is grounded in the legal framework it also applies a law and economics based approach with the aim of supporting the legal arguments and conclusions, and thereby providing more robust arguments for the reached conclusions. As the first study to offer a much-needed clarification of the assessment relating to exclusionary conduct within Article 102 TFEU after the Post Danmark I case, this book provides suggestions on how to structure the approach, thus creating greater legal certainty for dominant firms (and their competitors) and providing a sound basis for both practice and research in this area. It is sure to be read and studied widely by practitioners and academics concerned with the application of Article 102 TFEU.

Global Competition Enforcement

Paulo Burnier da Silveira,William Evan Kovacic
Global Competition Enforcement Book PDF

Author : Paulo Burnier da Silveira,William Evan Kovacic
Publisher : Kluwer Law International B.V.
Page : 311 pages
File Size : 53,6 Mb
Release : 2019-10-17
Category : Law
ISBN : 9789403502120

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Global Competition Enforcement by Paulo Burnier da Silveira,William Evan Kovacic Pdf

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.

Merger Control in the EU and Turkey

Fevzi Toksoy,Bahadir Balki,Hanna Stakheyeva
Merger Control in the EU and Turkey Book PDF

Author : Fevzi Toksoy,Bahadir Balki,Hanna Stakheyeva
Publisher : Kluwer Law International B.V.
Page : 264 pages
File Size : 46,7 Mb
Release : 2022-05-11
Category : Law
ISBN : 9789403543048

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Merger Control in the EU and Turkey by Fevzi Toksoy,Bahadir Balki,Hanna Stakheyeva Pdf

As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following: determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control; financial thresholds used for allocating jurisdictions; extraterritoriality of merger control; relationship between the SIEC test and the dominance test; determination of the relevant market; techniques used for assessment of horizontal and non-horizontal mergers; notification requirements; procedural duties of competition authorities in relation to remedies; third-party rights; gun-jumping fines and other sanctions for failure to comply with merger control requirements; and peculiarities of assessment of mergers in the Big Data world. Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time. The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.

Private Enforcement of European Competition and State Aid Law

Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers
Private Enforcement of European Competition and State Aid Law Book PDF

Author : Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 51,6 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403502106

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Private Enforcement of European Competition and State Aid Law by Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers Pdf

Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

Jones and Sufrin's EU Competition Law

Anonim
Jones and Sufrin s EU Competition Law Book PDF

Author : Anonim
Publisher : Oxford University Press
Page : 1424 pages
File Size : 52,8 Mb
Release : 2023-08-10
Category : Electronic
ISBN : 9780192855015

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Jones and Sufrin's EU Competition Law by Anonim Pdf

The complete guide to EU competition law, combining key primary sources with expert author commentary.The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author teamSelling Points--· Full, definitive coverage of every aspect of EU competition law - the complete guide tothe subject· Students are guided through the most important extracts from key cases, articles, and statutory material, all carefully selected and explained by this experienced authorteam· 'Central Issues' at the start of each chapter clearly identify key themes and principles discussed, to help readers navigate the material effectively· Extensive footnoting and further reading suggestions provide a thorough guide to the literature, giving students a starting point for their own research and readingNew to this edition--· Full analysis of important developments in competition law and policysince 2019, including relevant case-law, new EU legislation and notices and competition law goals;· A comprehensive discussion of the evolving law and policy governing market definition and vertical,horizontal cooperation and sustainability agreements;· A new chapter on competition law in the digital economy, incorporating a discussion of the Digital Markets Act.

The More Economic Approach to EU Antitrust Law

Anne C Witt
The More Economic Approach to EU Antitrust Law Book PDF

Author : Anne C Witt
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 48,9 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781509909230

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The More Economic Approach to EU Antitrust Law by Anne C Witt Pdf

In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

EU Competition Law

Alison Jones,Brenda Sufrin,Niamh Dunne
EU Competition Law Book PDF

Author : Alison Jones,Brenda Sufrin,Niamh Dunne
Publisher : Oxford University Press, USA
Page : 1353 pages
File Size : 40,6 Mb
Release : 2019-09
Category : Law
ISBN : 9780198824657

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EU Competition Law by Alison Jones,Brenda Sufrin,Niamh Dunne Pdf

The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team. In this fast-paced subject area, the authors carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. Online resources: The text is accompanied by online resources containing: -An additional chapter on State Aid -Web links -Updates in the law

The Role of the Postal and Delivery Sector in a Digital Age

Michael A Crew,Timothy J Brennan
The Role of the Postal and Delivery Sector in a Digital Age Book PDF

Author : Michael A Crew,Timothy J Brennan
Publisher : Edward Elgar Publishing
Page : 355 pages
File Size : 40,7 Mb
Release : 2014-01-31
Category : Political Science
ISBN : 9781782546344

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The Role of the Postal and Delivery Sector in a Digital Age by Michael A Crew,Timothy J Brennan Pdf

This volume, the result of the 21st Conference on Postal and Delivery Economics (Ireland, 2013), describes the continuing problem of the decline of the postal sector in the face of electronic competition and offers strategies for the survival of mail s

Financing Services of General Economic Interest

Erika Szyszczak,Johan Willem van de Gronden
Financing Services of General Economic Interest Book PDF

Author : Erika Szyszczak,Johan Willem van de Gronden
Publisher : Springer Science & Business Media
Page : 301 pages
File Size : 55,8 Mb
Release : 2014-07-08
Category : Law
ISBN : 9789067049061

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Financing Services of General Economic Interest by Erika Szyszczak,Johan Willem van de Gronden Pdf

This book examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark. This case changed the direction of how Services of General and Economic Interest (SGEI) should be funded in the EU against a background of liberalisation, and the need for efficiency and global competitiveness. The book examines the European Commission’s response to the Altmark ruling in the measures known as the ‘Altmark-Monti-Kroes Package’ and charts the review of this package from 2009 culminating in a new package of measures, known as the ‘Almunia Package’. The seemingly technocratic idea of a review of the ‘Altmark-Monti-Kroes Package’ could not have anticipated the demanding and changed economic and constitutional context of the EU in 2009. It is in this light that the authors in this book explore in great detail the different components of the new ‘Almunia Package’ of measures introduced in 2011-2012, offering a critical review and highlighting where the future direction of the regulation of SGEI may lead as the EU struggles in an economic climate of austerity to balance a new constitutional dimension of a ‘highly competitive social market economy’ with a modernisation agenda for the single market.

Handbook on European Competition Law

Ioannis Lianos,Damien Geradin
Handbook on European Competition Law Book PDF

Author : Ioannis Lianos,Damien Geradin
Publisher : Edward Elgar Publishing
Page : 688 pages
File Size : 50,7 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781781006023

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Handbook on European Competition Law by Ioannis Lianos,Damien Geradin Pdf

This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

The Shaping of EU Competition Law

Pablo Ibez Colomo
The Shaping of EU Competition Law Book PDF

Author : Pablo Ibez Colomo
Publisher : Cambridge University Press
Page : 389 pages
File Size : 42,9 Mb
Release : 2018-07-12
Category : Law
ISBN : 9781108429429

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The Shaping of EU Competition Law by Pablo Ibez Colomo Pdf

A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.

International Antitrust Law and Policy: Fordham Competition Law 2014

Barry E. Hawk
International Antitrust Law and Policy Fordham Competition Law 2014 Book PDF

Author : Barry E. Hawk
Publisher : Juris Publishing, Inc.
Page : 697 pages
File Size : 46,7 Mb
Release : 2015-03-01
Category : Antitrust law
ISBN : 9781578234479

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International Antitrust Law and Policy: Fordham Competition Law 2014 by Barry E. Hawk Pdf

This volume contains articles and panel discussions delivered during the Forty-first Annual Fordham Competition Law Institute Conference on International Antitrust Law & Policy. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publication, where necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy.

Competition Law

Richard Whish,David Bailey
Competition Law Book PDF

Author : Richard Whish,David Bailey
Publisher : Oxford University Press
Page : 1185 pages
File Size : 53,8 Mb
Release : 2021
Category : Law
ISBN : 9780198836322

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Competition Law by Richard Whish,David Bailey Pdf

This online course will give you insights into important compliance topics.

Consumer Involvement in Private EU Competition Law Enforcement

Maria Ioannidou
Consumer Involvement in Private EU Competition Law Enforcement Book PDF

Author : Maria Ioannidou
Publisher : Oxford University Press
Page : 240 pages
File Size : 46,7 Mb
Release : 2015-09-03
Category : Law
ISBN : 9780191039898

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Consumer Involvement in Private EU Competition Law Enforcement by Maria Ioannidou Pdf

Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.

Research Handbook on Abuse of Dominance and Monopolization

Pınar Akman,Or Brook,Konstantinos Stylianou
Research Handbook on Abuse of Dominance and Monopolization Book PDF

Author : Pınar Akman,Or Brook,Konstantinos Stylianou
Publisher : Edward Elgar Publishing
Page : 483 pages
File Size : 48,5 Mb
Release : 2023-01-20
Category : Law
ISBN : 9781839108723

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Research Handbook on Abuse of Dominance and Monopolization by Pınar Akman,Or Brook,Konstantinos Stylianou Pdf

This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.