Download or read book Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.

Download or read book Competition Law Remedies in Europe written by Ioannis Lianos and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fragmentation of EU competition law enforcement in various institutions (competition authorities, courts) and legal provisions (Articles 101, 102 TFEU, merger control) have led to the development of ad hoc remedial action without this being backed up by a solid theory of competition law remedies. This study aims precisely to fill this gap by providing the first systematic theoretical analysis of competition law remedies in Europe, including conduct and structural remedies, voluntary and coercive remedies, in the areas of merger control and antitrust. The study challenges the optimal enforcement theory that seems to have provided so far the intellectual backbone of the remedial action of EU competition authorities, although this influence has not been exercised in a systematic and uniform way in all cases. Such theory does not provide an adequate understanding of the remedial discretion of competition authorities and consequently the necessary boundaries of such discretion. The study provides a novel analytical framework integrating both economic and legal principles, taking the view that although deterrence (and economic efficiency) constitutes an important objective of EU competition law enforcement, this should be achieved in the context of established legal understandings of the concept of "remedy". More specifically, the paper examines the impact of the economic approach on the linkage between the competition law wrong and remedies as the foundation for an economically inspired but still respectful to legal tradition concept of remedial discretion in EU Competition Law.

Download or read book Competition Law Remedies in Europe written by Antonio Capobianco and published by Hart Publishing Limited. This book was released on 2015-11-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a comprehensive legal and economic analysis of competition law remedies in Europe. First, it examines the philosophy and overall objectives of competition law remedies and their interaction with the substantive and institutional aspects of competition law enforcement. It analyses the impact of specific types of remedies on the emergence of an optimal enforcement system by looking to legal and economic literature, case law and empirical research. Second, it identifies the competition law remedies which have been put into effect in the context of antitrust law enforcement and merger control in Europe. In the field of antitrust, different issues may arise in devising adequate remedies for cartel infringements, antitrust law infringements involving unilateral abuses of market power, and infringements involving access to proprietary information or resources. In all these cases different types of remedies may be imposed, such as contractual remedies, damages and behavioural or structural remedies. In the context of merger control the prospective nature of the analysis requires the consideration of a number of factors, such as the costs of remedial action, the probability of compliance, the short- or long-term impact of the remedy, the risk of strategic conduct of the merging parties, and the choice of appropriate monitoring and compliance mechanisms on an on-going basis for the future. The third part of this study examines the procedural implications of injunctions, interim measures, private action-led injunctions, measures-declaratory actions and procedural/administrative issues in public enforcement. The fourth part concludes by examining creative remedies and reforms that should be made to the current regime of competition law remedies in Europe. It also explores the interaction between competition law remedies adopted by different jurisdictions in a world of multi-jurisdictional competition law enforcement from procedural and public policy perspectives.

Download or read book Merger Remedies in American and European Union Competition Law written by François Lévêque and published by Edward Elgar Publishing. This book was released on 2003-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinized and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.

Download or read book EU Competition Law Volume II Mergers and Acquisitions written by Jones, Christopher and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 1680 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a Claeys and Casteels title, now formally part of Edward Elgar Publishing. With extensive updating in the decade since the publication of the second edition, and written by the key Commission and European Court officials in this area, as well as leading practitioners, the third edition of this unique title provides meticulous and exhaustive coverage of EU Merger Law.

Download or read book EU and US Antitrust Arbitration written by Gordon Blanke and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

Download or read book Mergers and Merger Remedies in the EU written by Stephen Davies and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . for practitioners considering whether to use economists to evaluate merger proposals, this book provides a relevant insight into the types of information that would be necessary to develop even a basic simulation model, and some guidance as to circumstances where such technique may be appropriate. Vanessa Holliday, Competition and Consumer Law Journal . . . highly recommended for practitioners as well as academics interested in merger remedies. Arndt Christiansen, European Competition Law Review Headlines are made when the European Commission prohibits a merger, but this is actually very rare. Clearances subject to conditions (i.e. remedies) happen ten times as frequently, but have received far less attention in academic literature. This book provides an empirical assessment of the effectiveness of merger remedies, employing a novel simulation methodology based on formal economic theory. The authors were given unprecedented access to data available to case handlers, concerning a range of remedied mergers covering 21 markets. Using this they have adapted simple simulation techniques to appraise the competitive effects of these mergers and the impact of potential and actual remedies. Ex-ante results are then compared with ex-post impact to examine the actual effectiveness of remedies. The results provide a critique of both simple market share analysis and remedy design. This research thus contributes to economics research and practical merger policy. This rare empirical assessment of the efficacy of remedies in competition policy will be of great significance and interest to policy makers, as well as to economists, lawyers, practitioners and students in competition law.

Download or read book European Competition Law Annual 2013 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

Download or read book Handbook on European Competition Law written by Ioannis Lianos and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

Download or read book The Transformation of EU Competition Law Next Generation Issues written by Adina Claici and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversy surrounding EU competition rules has grown in recent years. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels. This volume takes stock of the current situation, assessing the successes and failures of the prevailing ‘modernisation’ policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world. The book’s contributions are based on papers delivered at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges. The authors include prominent practitioners and academics, members of the European Commission, representatives of national competition authorities, and judges from both EU and national courts. They address such salient issues as the following: free competition versus ‘regulated competition’ as alternative or complementary models; new methods for the identification of consumer harm and benefits; sui generis competition law regimes for specific sectors; State aid enforcement and crisis management; and the green and digital objectives and their legal and political implications. Taken together, the essays provide extensive treatment of the EU Courts’ jurisprudence and the literature in the field. For practitioners, policymakers and academics working with competition law, the book will clearly explain the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe.

Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Download or read book Merger Control in the EU and Turkey written by Fevzi Toksoy and published by Kluwer Law International B.V.. This book was released on 2022-05-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Shaping of EU Competition Law written by Pablo Ibáñez Colomo and published by Cambridge University Press. This book was released on 2018-07-12 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.

Download or read book The Right to Damages under EU Competition Law written by Veljko Milutinovic and published by Kluwer Law International B.V.. This book was released on 2010-11-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the provocative thesis of this book that the Commission’s struggle for a more ‘effective’ system of private enforcement has gone from being a mere enhancement of a single EU policy (competition) to slowly but surely fuelling a paradigm shift in EU law.

Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

Download or read book Competition Law and Policy in the EU and UK written by Barry J. Rodger and published by Taylor & Francis. This book was released on 2021-11-07 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the UK and EU, including topics such as anti-competitive agreements, abuse of dominance, mergers and Brexit. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy-to-follow overview of the subject for course use. The sixth edition provides a full update for this well-established title and takes recent developments into account, including those in the case law surrounding the concept of ‘object’ agreements under Art 101 TFEU, the concept of abuse under Art 102 TFEU, the treatment of online multi-sided platform markets, and the development of private enforcement. Chapters focus on the substantive laws of the UK and EU and demonstrate how competition law affects business including co-ordinated action, pricing behaviour, takeovers and mergers. Information is presented within a structured framework, complete with discussion of the UK enforcement structures following the UK’s withdrawal from the EU. The book includes a wealth of pedagogical features, including chapter overviews and summaries, discussion questions and further reading. Clear, focused and student-friendly, this book offers a comprehensive resource for students taking competition law courses and will be of interest to postgraduate students and legal professionals looking for an introduction to the topic.

Download or read book Merger Remedies and Competition Law written by Pranvera Këllezi and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies are an important tool for competition authorities in merger control. In most jurisdictions, prohibitions can be avoided by crafting remedies able to resolve competition law concerns. The design and implementation of merger remedies have evolved during the last two decades. Merger remedies aim to remove competition law concerns raised by a merger. They are designed on a case by case basis. The objective of this foreword is to present the highlights of more than 700 articles of e-Competitions that address specifically, or more generally, merger remedies undertaken and accepted, or imposed, by competition authorities. The review of merger remedies reported in e-Competitions confirms the trend towards a clear preference for structural remedies in the form of divestitures. The large majority of national competition authorities use divestitures to resolve competition law concerns. Such preference for divestment remedies is consistent with EU practice. National competition authorities are more open to behavioral remedies than the European Commission. A possible explanation may be the difficulty to find a suitable buyer at the national level, which reduces the effectiveness of divestment remedies. In our view the use of behavioural remedies may reveal two other weakness of merger control enforcement at national level: the risk of over and under-enforcement. Indeed, the adoption of behavioural remedies may be unnecessary in some cases, or insufficient to resolve competition concerns in other scenarios. Over-intervention raises the question of inefficiencies that may result: behavioural remedies may chill competition instead of safeguarding it. This is particularly the case of remedies related to output restrictions. On the other hand, under-intervention bears the risk of allowing market concentration that would favor either tacit collusion, or the use of increased market power to distort competition.