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Author : Simon Bishop,Mike Walker
Publisher : Unknown
Page : 836 pages
File Size : 50,9 Mb
Release : 2010
Category : Antitrust law
ISBN : STANFORD:36105134521173
This new edition of this work provides an overview of economic theory and analysis as applied to European competition law, and includes recent legislative, regulatory and policy developments.
Author : Simon Bishop
Publisher : Unknown
Page : 356 pages
File Size : 46,8 Mb
Release : 2002
Category : Antitrust law
ISBN : OCLC:933003799
Author : Ioannis Kokkoris,Ioannis Lianos
Publisher : Kluwer Law International B.V.
Page : 626 pages
File Size : 41,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041126924
This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
Author : Doris Hildebrand
Publisher : Springer
Page : 492 pages
File Size : 45,9 Mb
Release : 2002-03-20
Category : Business & Economics
ISBN : STANFORD:36105060294928
The scope is on Articles 85 and 86 and the Merger Regulation because those are the EC competition rules applying to businesses
Author : Giorgio Monti
Publisher : Cambridge University Press
Page : 506 pages
File Size : 41,8 Mb
Release : 2007-08-06
Category : Business & Economics
ISBN : 9780521700757
Monti explores the development of EC competition law through an interdisciplinary approach, focusing on the political and economic considerations that affect the way the rules are interpreted. Written with competition law students in mind, it should also be of interest to undergraduate and postgraduate students of EU politics and economics.
Author : Christopher Decker
Publisher : Edward Elgar Publishing
Page : 311 pages
File Size : 44,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781849801966
The book is well written and readable by non economists. The approaches, questions, methodology, and basis for selection of cases/interviewees are clearly explained and justified. This book is a valuable contribution to the literature. Rhonda Smith, Competition and Consumer Law Journal Recent years have seen a trend toward an economics-based approach to the enforcement of European competition law. But what is meant by economics-based , and how does this approach sit with legal and enforcement practice? This book seeks to place in perspective the growing use of economics in European competition law enforcement by examining precisely how economics contributes to the enforcement activity of the European Commission and Courts. Christopher Decker provides unique empirical insights as to how economic theory, thinking, techniques and data have featured in decision-making in the area of co-ordinated effects. The role of economics is examined throughout the entire enforcement process, from the decision to initiate an investigation to the design and implementation of remedies, and its conclusions are of general relevance to all areas of competition law enforcement where economics is used. Utilising a broad and multifaceted conception of economics, this book is essential reading for academics and students interested in European competition law, EC competition lawyers, applied industrial economists and enforcement officials. It will also be an invaluable tool for academic libraries and institutes, government agencies, law firms and economic consultancies.
Author : Doris Hildebrand
Publisher : Unknown
Page : 596 pages
File Size : 55,5 Mb
Release : 2009
Category : Law
ISBN : 9041125132
The thesis of this now-classic work - that the European Commission and the Community Courts, under the necessity of forging an effective competition policy, created an entire new school of thought in economic theory that permeates the disciplinary boundary between law and economics - has been gaining ground among competition law practitioners and their government counterparts over the last decade. Now, in the book's third edition, the author explores the full spectrum of this development in detail, uncovering its multiple rationales as it has gradually formulated the legal principles of competition economics' that have come to underlie all matters related to Article 81 (1), Article 81 (3), Article 82, the Merger Regulation, and the State Aid provisions.
Author : Damien Geradin,Anne Layne-Farrar,Nicolas Petit
Publisher : OUP Oxford
Page : 916 pages
File Size : 46,7 Mb
Release : 2012-03-22
Category : Law
ISBN : 9780191637490
This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.
Author : Roger van den Bergh,Peter D. Camesasca
Publisher : Intersentia nv
Page : 617 pages
File Size : 46,8 Mb
Release : 2001
Category : Antitrust law
ISBN : 9789050951616
The aim of this book is to explore the economic fundamentals of European competition law.
Author : Damien Geradin
Publisher : Intersentia nv
Page : 404 pages
File Size : 41,9 Mb
Release : 2004
Category : Antitrust law
ISBN : 9789050954327
This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competition law. The direct effect given to Article 81(3) will also stimulate implementation at the national level, including actions in national courts, although several procedural issues may impede private actions in courts. Amongc its other features, Regulation 1/2003 also creates a European Competition Network (ECN), which provides an institutional focus for cooperation between the NCAs and the Commission, as well as among the NCAs themselves. Enlargement of the European Union was one of the factors, which contributed to the adoption of Regulation 1/2003. Enlargement will expand the geographical scope of application of EC competition rules, but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations, which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are, however, willing to take on those challenges and, though a period of adaptation will be needed, there are no reasons why they should be unable to progressively develop a successful competition policy. Already, some agencies (e.g., in Hungary or Poland) have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.
Author : Abel Moreira Mateus,Teresa Coelho Moreira
Publisher : Edward Elgar Publishing
Page : 457 pages
File Size : 45,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849807036
Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.
Author : Hedvig Schmidt
Publisher : Edward Elgar Publishing
Page : 301 pages
File Size : 51,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781849802352
. . . a must-read for anyone wanting to study tying in more detail. . . the book offers a very thorough analysis of tying, together with some recommended improvements to the way in which tying is currently assessed under the EU and the US antitrust rules. Common Market Law Review Schmidt s Competition Law, Innovation and Antitrust is a superb introduction to the subject of tying arrangements and other bundled sales in high technology markets, principally as they are treated under US antitrust law and EU competition law. Schmidt thoroughly assesses the economics of such arrangements, the benefits they confer and the potential harms they impose, and then gives a positive introduction to the law. This is a comprehensive treatment of its subject and an indispensible aid to the competition law scholar or practitioner. Herbert Hovenkamp, University of Iowa, College of Law, US This innovative book assesses the hotly debated topic of tying from three different perspectives: competition law, economics and intellectual property rights. It highlights the faults and benefits of the current approaches to tying under EC competition law and US antitrust law. In the light of modern economic thinking, the recent review of Article 82 EC, and Sherman Act, Section 2, the author identifies a more economic approach to tying that moves away from the per se illegality label that has so far impinged on tying case law. Hedvig Schmidt recognizes the significance that tying can play on innovation and product development, and thus suggests a new approach which carves out a safe haven for technological integrated products to ensure continuous stimulation of innovation. With comparative assessments and investigations, this book is a must-read for academics specializing in competition law and theory, as well as practitioners and policy-makers of competition law and intellectual property.
Author : Veronica Hagenfeldt
Publisher : GRIN Verlag
Page : 69 pages
File Size : 43,8 Mb
Release : 2011-04
Category : Electronic
ISBN : 9783640880850
Scientific Essay from the year 2009 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, University of Edinburgh (School of Law), course: EC Competition Law, language: English, abstract: The first aim of this paper is to establish the Essential Facilities Doctrine's (EFD) undeniable existence in EC law and to determine how its application has evolved over time by analysing the relevant case law. By outlining the legal theory of the EFD, Part I shows that the Doctrine is a well-established competition law remedy within the refusal to supply framework of Article 82 EC. This paper argues that the EFD should be an exceptional measure, only applied after careful balancing of the dominant undertaking's freedom of contract and right to property against the potential benefits to consumer welfare. By investigating how the EFD has been applied practically in refusal to supply case law, the second half of Part I identifies the different criteria under which refusal to grant access to an essential facility was deemed to constitute an abuse, and concludes that the circumstances in which the EFD was initially applied were not consistent. It is submitted that it was not until the Bronner Judgment that the EU institutions began applying the EFD to refusal to supply cases within a coherent and sufficiently strict legal framework. Part II will deal with the second aim of this essay, namely to evaluate the legal evolution of the Doctrine's controversial application to Intellectual Property Rights (IPRs). Because compulsory licensing of IPRs can have grave negative repercussions on innovation and consumer welfare, this paper maintains that the EFD's application to IPRs should be exceptional and subject to the strictest of conditions. It accordingly supports the notion that IPRs require special deference in comparison to physical property rights, and notes that the EFD is applied to IPRs under stricter legal standards than when applied to other property rights.
Author : Katalin Judit Cseres
Publisher : Kluwer Law International B.V.
Page : 466 pages
File Size : 43,7 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123800
The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
Author : Kiran Klaus Patel,Heike Schweitzer
Publisher : Oxford University Press
Page : 256 pages
File Size : 44,9 Mb
Release : 2013-07-11
Category : Law
ISBN : 9780199665358
A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.