Download or read book Antitrust Procedural Fairness written by D. Daniel Sokol and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative reference on procedural fairness in global antitrust. It focuses on procedure at each stage of antitrust enforcement and considers how a lack of procedural fairness impairs competition law and policy, the benefits of embracing it, the case for establishing global best practices, and how this might be achieved.
Download or read book Procedural Fairness in Competition Proceedings written by Paul Nihoul and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.
Download or read book Conceptualising Procedural Fairness in EU Competition Law written by Haukur Logi Karlsson and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME–Chalkor cases; - the Groupe Gascogne cases; - the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.
Download or read book Competition Law Enforcement in the BRICS and in Developing Countries written by Frederic Jenny and published by Springer. This book was released on 2016-06-13 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Fairness in Antitrust written by Adi Ayal and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.
Download or read book Hong Kong Competition Law written by Thomas K. Cheng and published by Cambridge University Press. This book was released on 2021-11-04 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first academic monograph on the new competition law in Hong Kong. It provides an overview of the historical background of the Competition Ordinance, highlighting the debate and the process that led to the adoption of the Ordinance. It offers detailed comparative and theoretical analysis of the key provisions of the Ordinance, focusing on the First Conduct Rule, the Second Conduct Rule, the exclusions and exemptions, and the procedural provisions. It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. It concludes by setting forth of a set of recommendations for further reform.
Download or read book Parental Liability in EU Competition Law written by Peter Whelan and published by Oxford University Press. This book was released on 2023-08-25 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
Download or read book Hong Kong Competition Law written by Thomas K. Cheng and published by Cambridge University Press. This book was released on 2021-11-04 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comparative and theoretical analysis of the new cross-sector competition law regime in Hong Kong.
Download or read book Regulating Cartels in India written by Sudhanshu Kumar and published by Taylor & Francis. This book was released on 2022-11-23 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive assessment of anti-cartel enforcement and investigative procedures in India. It makes a case for enhanced sanctions for cartel conduct in India. Cartels are considered the most pernicious violation of competition law, referred to as "cancer to the free market economy". While competition laws in most jurisdictions prescribe strict sanctions against cartels, Indian Competition Law provides only civil penalties, with an upper ceiling for proven cartel conduct. This volume assesses the effectiveness of anti-cartel enforcement of the Competition Commission of India (CCI). It explores investigative procedures of the CCI through multiple qualitative and quantitative indicators and the extent to which enforcement of anti-cartel laws in India has led to cartel deterrence. Further, it also examines the priorities and processes of the CCI in terms of anti-cartel enforcement, their sanctioning mechanism and their dependency of computation of penalty on varied factors. Featuring detailed case law studies and engaging data, this book will be an essential read for students and researchers of law and legal studies, competition law, corporate law, intellectual property law, and business law.
Download or read book Regulation 1 2003 and EU Antitrust Enforcement written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2022-11-22 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.
Download or read book Procedural Rights in Competition Law in the EU and China written by Caroline Cauffman and published by Springer. This book was released on 2016-03-23 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.
Download or read book Judicial Review of Administration in Europe written by Giacinto Della Cananea and published by Oxford University Press. This book was released on 2021 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
Download or read book The Modernisation of EC Antitrust Law written by Rein Wesseling and published by Bloomsbury Publishing. This book was released on 2000-10-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light ineffectiveness of the present system. Consequently the European Commission has responded by issuing the “White Paper on Modernisation”,which sets out its vision on the future of EC competition law. This new book takes a step back, and tries to understand the current challenges to EC competition policy by examining the origins of the Community's competition law system. In the first part of the book the author sketches the development of Community competition law enforcement between the European Economic Community, established in 1958, and the European Union of today. Taking this dynamic perspective on EC competition law, the second part of the book addresses topical problems of EC competition policy; the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and Member States, and decentralised enforcement of Community law. Notably, the author's conclusions diverge considerably from the analysis found in the Commission White Paper on Modernisation. The author proposes various alternative solutions to the existing problems which, arguably, fit better within the overall constitutional development of the Community than the solutions offered by the Commission. The book will be of interest to competition lawyers as well as to all those interested in the constitutional development of the European Community.
Download or read book Improving Procedural Justice in Anti Dumping Investigations written by Abdulkadir Yilmazcan and published by Cambridge University Press. This book was released on 2024-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.
Download or read book Jones and Sufrin s EU Competition Law written by and published by Oxford University Press. This book was released on 2023-08-10 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
