The Future Development Of Competition Framework

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The Future Development of Competition Framework

Zongle Huang,Jiyuan Chen
The Future Development of Competition Framework Book PDF

Author : Zongle Huang,Jiyuan Chen
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 46,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123053

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The Future Development of Competition Framework by Zongle Huang,Jiyuan Chen Pdf

In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved. The Future Development of Competition Framework presents papers and speeches by well-known competition law practitioners versed in competition law and policy, including representatives of national competition authorities. They came from a variety of countries ? including France, Germany, Canada, Mexico, Indonesia, Malaysia, Russia, Japan, Australia, Taiwan, Korea and the United States ? to attend a 2003 conference sponsored by the Taiwan Fair Trade Commission. The book reproduces texts of the various contributions to the conference, including a roundtable discussion. Among the topics addressed are the following: mergers and acquisitions; political interests; enforcement policies and sanctions; national cultures and traditions; international cartels; regional cooperation; concentration indexes and dominance indexes; patent pools; financial deregulation; confidentiality measures; technical assistance; striking the right balance between competition and regulation; reconciling competition policy and development policies. Although they are especially valuable for their concentration on the Asia Pacific countries, these discussions will be of incalculable value to practitioners and academics everywhere who are involved in any of the interconnected branches of economic law or policy covered here.

A Framework for the Design and Implementation of Competition Law and Policy

R. S. Khemani
A Framework for the Design and Implementation of Competition Law and Policy Book PDF

Author : R. S. Khemani
Publisher : World Bank Publications
Page : 172 pages
File Size : 52,6 Mb
Release : 1999
Category : Law
ISBN : 0821342886

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A Framework for the Design and Implementation of Competition Law and Policy by R. S. Khemani Pdf

A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies. To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions. The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.

Structure and Effects in EU Competition Law

Basedow
Structure and Effects in EU Competition Law Book PDF

Author : Basedow
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 52,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041131744

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Structure and Effects in EU Competition Law by Basedow Pdf

During the last decade the European Commission has progressively adopted what is called a and‘more economic approachand’ toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these and‘newand’ methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionand’s State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the and‘more economicand’ approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherand’s discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.

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 : 45,7 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.

EC Competition and Telecommunications Law

Andreas Bartosch,Jens-Daniel Braun
EC Competition and Telecommunications Law Book PDF

Author : Andreas Bartosch,Jens-Daniel Braun
Publisher : Kluwer Law International B.V.
Page : 778 pages
File Size : 46,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041125644

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EC Competition and Telecommunications Law by Andreas Bartosch,Jens-Daniel Braun Pdf

This new volume updates the groundbreaking analysis of its first edition in 2002, when the EC common regulatory framework for electronic communications networks and services had just entered into force. So much has changed in the intervening years that that this new edition bears little resemblance to its predecessor, with every chapter either extensively altered or entirely new. It remains, however, the most detailed and comprehensive overview available of the application of the EC Treaty's competition rules in the markets for telecommunications and audiovisual media, and of the applicable regulatory framework. In thirteen chapters, each contributed by one or more noted legal authorities in the field, the second edition of EC Competition and Telecommunications Law covers the full range of EC telecommunications law across all major areas of both institutional and substantive law, both on the international and EC levels, including the following: State aid; the merger control regulation; justification for sector-specific regulation in EC competition law; network access; authorizations and privileges; and mobile telephony. Relevant EC media and communications law and relevant aspects of EC competition law are dealt with in detail. While some chapters focus on competition law, others deal primarily with sector-specific regulation. There is practical guidance throughout on procedural matters, alongside analysis of the substantive provisions. Well-known in its first edition, this thoroughly revised and updated version continue to be vital reading for practitioners, in particular those specializing in European competition law and for company and in-house lawyers who are seeking advice on how European law affects their business. As a detailed analysis of the basic legislative and regulatory framework of European telecommunications law, it will be an invaluable reference work for lawyers, judges, regulators, and policymakers in all the EC Member States, as well as for students and teachers of European law.

Identifying Exclusionary Abuses by Dominant Undertakings under EU Competition Law

Eirik Østerud
Identifying Exclusionary Abuses by Dominant Undertakings under EU Competition Law Book PDF

Author : Eirik Østerud
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 43,5 Mb
Release : 2010-11-15
Category : Law
ISBN : 9789041142504

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Identifying Exclusionary Abuses by Dominant Undertakings under EU Competition Law by Eirik Østerud Pdf

Under Article 102 TFEU, dominant firms are allowed to compete, but only to the extent their market behaviour does not constitute an abuse. Needless to say, the wording of the article neither explains what an abusive restriction of competition is nor how such a practice can be identified. Rather than developing a one-size-fits-all test applicable to all forms of market behaviour by dominant firms, the European Court of Justice (ECJ) and the General Court (ex; Court of First Instance) have set out a system of tests for separate categories of conduct. Drawing on the full range of the EU Courts’ relevant case law, this very useful book analyses the conditions that must be fulfilled for a broad range of business practices to be deemed abusive within the meaning of Article 102 TFEU, and also identifies the criteria that must be fulfilled for a practice to be ‘objectively justified’. The potentially abusive practices studied here (as defined in the relevant case law) include the following: predatory pricing; margin squeezing; exclusivity agreements; loyalty rebates; refusals to supply to induce exclusivity; secondary line price discrimination; vexatious litigation; acquisitions of intellectual property rights (IPRs); refusals to supply necessary inputs; provision of storage equipment on the condition of exclusive use; selective above-cost price cuts; tying; technological integration; and refusal to license IPRs. The author also contrasts the Commission’s decisional practice with the case law, assesses approaches under U.S. antitrust law to similar forms of conduct, and incorporates insights from economic theory. This study greatly enhances our understanding of the distinction between abusive conduct and lawful competition. In the course of its clarification of the EU Courts’ responses to individual forms of market behaviour, an overall approach to the identification of exclusionary abuses under Article 102 TFEU begins to come into view. Apart from the important new synthesis the work offers legal scholars, there can be little doubt this book will prove a valuable asset and even an inspiration to competition lawyers.

Safeguarding Companies' Rights in Competition and Anti-dumping/anti-subsidies Proceedings

Themistoklis K. Giannakopoulos
Safeguarding Companies Rights in Competition and Anti dumping anti subsidies Proceedings Book PDF

Author : Themistoklis K. Giannakopoulos
Publisher : Kluwer Law International B.V.
Page : 666 pages
File Size : 54,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134042

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Safeguarding Companies' Rights in Competition and Anti-dumping/anti-subsidies Proceedings by Themistoklis K. Giannakopoulos Pdf

Focusing on the rules safeguarding procedural due process in the administrative procedures of the Commission, this fully updated edition of a widely used handbook covers the four principal fields that entail enforcement of substantive competition rules: antitrust, merger, anti-dumping/antisubsidies, and State aid. Among the many practical issues raised are the following: the right of directly involved parties to bring an action before the European Courts in merger, anti-dumping/anti-subsidies, and State-aid cases; the rights of complainants in antitrust cases; the rights and obligations of beneficiaries in State-aid cases; the extent to which the right to confidential communication between lawyer and client in thesecases is recognised by the European Commission and the European Courts; the right to silence to avoid self-incrimination in antitrust cases; the right to respect for confidentiality and the right to be heard during the preliminary factfinding procedure of the Commission; the obligations of an undertaking during the fact-finding procedure of the Commission; the right of access to the Commission's file; the right to a fair hearing of all the parties concerned by the Commission proceedings; and the applicability of Article 6 of the European Convention of Human Rights (ECHR) to EU antitrust procedures. Three tables consolidate briefly and comparatively the rights and the obligations of the private parties in the four proceedings, as well as their right to bring an action before the European Courts. These tables give the reader the opportunity to easily check out what is the situation in the four proceedings regarding a specific right or obligation. The author's analysis draws on all the relevant judgments of the European Courts, and the book comes with a wealth of reference material, including detailed footnotes, lists of legislation and cases in both chronological and alphabetical order, and an extensive bibliography.

The Economic Dynamics of Fuel Cell Technologies

Arman Avadikyan,Patrick Cohendet,Jean-Alain Héraud
The Economic Dynamics of Fuel Cell Technologies Book PDF

Author : Arman Avadikyan,Patrick Cohendet,Jean-Alain Héraud
Publisher : Springer Science & Business Media
Page : 240 pages
File Size : 43,7 Mb
Release : 2012-11-07
Category : Science
ISBN : 9783540248224

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The Economic Dynamics of Fuel Cell Technologies by Arman Avadikyan,Patrick Cohendet,Jean-Alain Héraud Pdf

Due to their environmental and efficiency characteristics fuel cells are promising technological solutions for many energy related applications (stationary power generation, vehicle propulsion, portable equipment). This book describes the economic dynamics of fuel cells by analyzing their diffusion perspectives as well as the strategic and organisational arrangements designed to promote their development. The costs, risks and economic stakes of fuel cell technologies require both a sustained involvement from public entities and the setting up of innovation networks with a large variety of heterogeneous actors. This context corresponds to a new space for technological competition located at the intersection between firms, networks and national/regional systems of innovation. The book presents a comprehensive analysis of this cooperation/competition phenomenon through different theoretical and empirical investigations.

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 : 40,9 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.

Regulating Vertical Agreements

Maria Fernanda Caporale Madi
Regulating Vertical Agreements Book PDF

Author : Maria Fernanda Caporale Madi
Publisher : Kluwer Law International B.V.
Page : 224 pages
File Size : 54,8 Mb
Release : 2020-10-09
Category : Law
ISBN : 9789403526515

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Regulating Vertical Agreements by Maria Fernanda Caporale Madi Pdf

Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.

Building Landmarks, Smoothing Out Markets

Arabela Aprahamian,Georgiana Pop
Building Landmarks Smoothing Out Markets Book PDF

Author : Arabela Aprahamian,Georgiana Pop
Publisher : World Bank Publications
Page : 112 pages
File Size : 50,5 Mb
Release : 2015-12-01
Category : Business & Economics
ISBN : 9781464806230

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Building Landmarks, Smoothing Out Markets by Arabela Aprahamian,Georgiana Pop Pdf

Romania identified competition as key to its effective economic development and is positioning the Competition Council to become more visible and effective. Improving Romania’s competitive environment will attract new firms, weed out inefficient ones, and enhance growth potential. An effective competition policy leads to success in the areas of Romania's domestic market efficiency, economic growth and European market integration. Following a comprehensive functional review of the Romanian Competition Council carried out by the World Bank in 2010, weaknesses, needs and priorities were identified. This book presents the results of the World Bank’s Advisory Services which were designed to provide solutions in the identified reform areas during 2012-2015. The Advisory Services provided an innovative delivery model that involved integrated expertise to (i) review the legal and regulatory framework for competition; (ii) offer advocacy support to streamline competition policy principles with other governmental policies and strengthen intergovernmental relations, especially with sectoral regulators (electricity and telecommunication) and the prosecutor's office; (iii) state-of-the-art capacity building to strengthen the Council’s staff’s technical knowledge; and (iv) optimize internal procedures to allow for improvements in institutional functioning using Enterprise Architecture methodology, which provided an in-depth institutional assessment and the development of a target business and information technology architecture. The Competition Council has started to apply some of the upgraded regulatory instruments. These, combined with the analytical skills in antitrust law and economics acquired with the World Bank support, have been already applied in recent antitrust cases, market inquiries meant to identify competition constraints in sectors that have great importance for consumers and infrastructure projects with state aid elements.

Competition and Trade Policies

Einar Hope
Competition and Trade Policies Book PDF

Author : Einar Hope
Publisher : Routledge
Page : 385 pages
File Size : 47,8 Mb
Release : 2002-03-11
Category : Business & Economics
ISBN : 9781134704583

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Competition and Trade Policies by Einar Hope Pdf

The relationship between competition and trade policies, and the development of an effective competition policy for an integrated world economy, is one of the most important and challenging issues policy makers currently face. This book examines the current debates around competition and trade policy interactions, and discusses the need for new policy initiatives in an international context.

The EU Leniency Policy

Baskaran Balasingham
The EU Leniency Policy Book PDF

Author : Baskaran Balasingham
Publisher : Kluwer Law International B.V.
Page : 296 pages
File Size : 54,9 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041184801

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The EU Leniency Policy by Baskaran Balasingham Pdf

The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.

Mergers and Acquisitions

Duarte Brito,Margarida Catalão-Lopes
Mergers and Acquisitions Book PDF

Author : Duarte Brito,Margarida Catalão-Lopes
Publisher : Kluwer Law International B.V.
Page : 248 pages
File Size : 41,5 Mb
Release : 2006-01-01
Category : Business & Economics
ISBN : 9789041124517

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Mergers and Acquisitions by Duarte Brito,Margarida Catalão-Lopes Pdf

Drawing on twenty years of merger analysis literature, this single source offers practical solutions to a wide range of problems faced by specialists working in the field of mergers and acquisitions. The authors take an industrial organization approach in which effects on profits, on consumer surplus and on overall welfare are of greatest relevance. The focus is primarily on horizontal mergers, although vertical and conglomerate mergers are addressed when producers of complementary goods are involved. Among the issues and elements examined, the authors provide answers to the following: How does a merger affect the insider firm's profitabifity? Why may outsiders stock market value increase or decrease following a merger? What are the expected welfare effects of a merger? What sort of arguments can be used for merger defense? How do economists model the firm's merging decision? How can the authorities simulate the price effects of a horizontal merger? Is post-merger entry likely to compensate the effects of a merger? The discussion proceeds from an analysis of the simplest exercise of market power to evermore complex merger environments. In their detailed coverage of policy evaluation of proposed acquisitions, the authors provide a merger simulation toolkit which can be applied to important recent judicial decisions in the field. This book will be of great value not only to academics in microeconomics and industrial organization, but also to lawyers and officials seeking expert practical guidance in the business or administrative responsibilities surrounding mergers and acquisitions.

The Governance of Global Competition

Oliver Budzinski
The Governance of Global Competition Book PDF

Author : Oliver Budzinski
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 45,6 Mb
Release : 2008
Category : Antitrust law
ISBN : UCSD:31822034624478

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The Governance of Global Competition by Oliver Budzinski Pdf

Employs the economics of federalism to create an analytical framework which can be used for comparative analysis of stylised competence allocation rules. This book offers a perspective on international competition policy. It is suitable for economists, legal scientists and competition authorities.