Trade And Competition Law In The Eu And Beyond

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Trade and Competition Law in the Eu and Beyond

Author : Inge Govaere,Reinhard Quick,Marco Bronckers
Publisher : Edward Elgar Publishing
Page : 509 pages
File Size : 41,7 Mb
Release : 2011-10-01
Category : Law
ISBN : 9780857935670

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Trade and Competition Law in the Eu and Beyond by Inge Govaere,Reinhard Quick,Marco Bronckers Pdf

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond. Written from an international perspective, hotly debated topics include: challenges in international monetary law; the EU and free trade; treaty interpretation; WTO dispute settlement; the domestic law effect of the WTO in the EU and public and private enforcement of competition law, amongst many others. Set out to become a key work of reference for many legal practitioners, policy makers and academics alike across the globe, Trade and Competition Law in the EU and Beyond uniquely tackles the two very different, yet related, topics of trade and competition law.

Services of General Interest Beyond the Single Market

Author : Markus Krajewski
Publisher : Springer
Page : 401 pages
File Size : 52,9 Mb
Release : 2015-06-23
Category : Law
ISBN : 9789462650633

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Services of General Interest Beyond the Single Market by Markus Krajewski Pdf

This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU’s external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.

Fairness in EU Competition Policy : Significance and Implications

Author : Damien Gerard,Assimakis Komninos,Denis Waelbroeck
Publisher : Bruylant
Page : 167 pages
File Size : 50,8 Mb
Release : 2020-06-03
Category : Law
ISBN : 9782802767183

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Fairness in EU Competition Policy : Significance and Implications by Damien Gerard,Assimakis Komninos,Denis Waelbroeck Pdf

The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.

Regulating Cartels in Europe

Author : Christopher Harding,Julian Joshua
Publisher : Unknown
Page : 439 pages
File Size : 41,5 Mb
Release : 2010
Category : Law
ISBN : 9780199551484

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Regulating Cartels in Europe by Christopher Harding,Julian Joshua Pdf

One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.

Resale Price Maintenance and Vertical Territorial Restrictions

Author : Barbora Jedlicková
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 41,9 Mb
Release : 2016-03-25
Category : Law
ISBN : 9781783477746

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Resale Price Maintenance and Vertical Territorial Restrictions by Barbora Jedlicková Pdf

Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.

Eu Law Beyond Eu Borders

Author : Marise Cremona,Joanne Scott
Publisher : Unknown
Page : 263 pages
File Size : 42,9 Mb
Release : 2019-05-03
Category : Electronic
ISBN : 9780198842170

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Eu Law Beyond Eu Borders by Marise Cremona,Joanne Scott Pdf

This book analyses the impact of EU law beyond its borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The 'global reach' of EU law is examined in policy areas of the environment, the internet and data protection, banking and financial markets, competition policy and migration.

EU Competition Law

Author : Eleanor M. Fox,Damien Gerard
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 50,5 Mb
Release : 2023-04-20
Category : Electronic
ISBN : 183910466X

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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. The book covers the full range of competition law and policy subjects, namely: the Treaties and the single market, cartels, other horizontal and vertical agreements, abuses of dominance, merger control, and state restraints including State aids. Among key features, the book: integrates law, economics and policies, providing a holistic sense of competition law and its place in the EU system is unusually concise, given its coverage, while explaining the critical nuances of cases by means of notes and questions provides a unique comparative perspective by including excerpts of landmark US antitrust cases and numerous other comparative references. This book is a perfect textbook for students of EU competition law and even competition law in general, given that most nations in the antitrust family of the world build their competition laws upon the EU model. It is useful for specialized seminars on European, US, and other nations' and regions' competition laws. It is also an excellent desk book and resource for academics, enforcers and practitioners in the field.

European Union Law in a Nutshell

Author : Ralph Haughwout Folsom
Publisher : West Group
Page : 505 pages
File Size : 53,5 Mb
Release : 1995
Category : Law
ISBN : 0314047891

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European Union Law in a Nutshell by Ralph Haughwout Folsom Pdf

History and Growth of the European Union; Lawmaking in the European Union; Litigating European Union Law; Free Movement; Internal Union Policies; External Trade Law; Business Competition Law; Beyond Maastricht.

Competition and Regulation in the Data Economy

Author : Gintarè Surblytė-Namavičienė
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 51,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788116657

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Competition and Regulation in the Data Economy by Gintarè Surblytė-Namavičienė Pdf

This incisive book provides a much-needed examination of the legal issues arising from the data economy, particularly in the light of the expanding role of algorithms and artificial intelligence in business and industry. In doing so, it discusses the pressing question of how to strike a balance in the law between the interests of a variety of stakeholders, such as AI industry, businesses and consumers.

The International Dimension of EU Competition Law and Policy

Author : Anestis S. Papadopoulos
Publisher : Cambridge University Press
Page : 128 pages
File Size : 41,7 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139492386

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The International Dimension of EU Competition Law and Policy by Anestis S. Papadopoulos Pdf

Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.

European Union Law Including Brexit and Beyond in a Nutshell

Author : Ralph Haughwout Folsom
Publisher : Unknown
Page : 128 pages
File Size : 51,8 Mb
Release : 2021
Category : Law
ISBN : 1636593631

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European Union Law Including Brexit and Beyond in a Nutshell by Ralph Haughwout Folsom Pdf

"This Nutshell covers the history and growth of the European Union including BREXIT and Beyond. The EU's legislative procedures, litigating EU law and the jurisprudence of the European Court of Justice are reviewed. Free movement of goods, services, people (including mass migration), capital and technology, the EURO in crisis, and extensive internal Union policies are detailed. This Nutshell also examines EU international trade, foreign investment and business competition (antitrust) law."--

Introduction To Law

Author : Johnny Ch Lok
Publisher : Unknown
Page : 222 pages
File Size : 50,7 Mb
Release : 2019-12-07
Category : Electronic
ISBN : 1672490111

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Introduction To Law by Johnny Ch Lok Pdf

Why does need competition law ?Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies.Competition law is implemented through public and private enforcement. Competition law is known as antitrust law in the United States for historical reasons, and as "anti-monopoly law" in China and Russia. In previous years it has been known as trade practices law in the United Kingdom and Australia. In the European Union, it is referred to as both antitrust and competition law.The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global.The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a country level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states. National competition law usually does not cover activity beyond territorial borders unless it has significant effects at nation-state level.Countries may allow for extraterritorial jurisdiction in competition cases based on so-called effects doctrine.The protection of international competition is governed by international competition agreements. In 1945, during the negotiations preceding the adoption of the General Agreement on Tariffs and Trade (GATT) in 1947, limited international competition obligations were proposed within the Charter for an International Trade Organisation. These obligations were not included in GATT, but in 1994, with the conclusion of the Uruguay Round of GATT Multilateral Negotiations, the World Trade Organization (WTO) was created. The Agreement Establishing the WTO included a range of limited provisions on various cross-border competition issues on a sector specific basis.Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. Competition law is known as antitrust law in the United States for historical reasons, and as "anti-monopoly law" in China and Russia. In previous years it has been known as trade practices law in the United Kingdom and Australia. In the European Union, it is referred to as both antitrust and competition law.

The Brussels Effect

Author : Anu Bradford
Publisher : Oxford University Press
Page : 368 pages
File Size : 48,6 Mb
Release : 2020-01-27
Category : Law
ISBN : 9780190088606

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The Brussels Effect by Anu Bradford Pdf

For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

The Concept of State Aid Under EU Law

Author : Juan Jorge Piernas López
Publisher : Oxford Studies in European Law
Page : 321 pages
File Size : 43,5 Mb
Release : 2015
Category : Law
ISBN : 9780198748694

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The Concept of State Aid Under EU Law by Juan Jorge Piernas López Pdf

An analysis of the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.

EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?

Author : Josef Drexl,Henning Grosse Ruse - Khan,Souheir Nadde-Phlix
Publisher : Springer Science & Business Media
Page : 303 pages
File Size : 43,9 Mb
Release : 2013-11-19
Category : Law
ISBN : 9783642390975

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EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse? by Josef Drexl,Henning Grosse Ruse - Khan,Souheir Nadde-Phlix Pdf

​​​​ ​This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.​