Download or read book The Interplay between European and National Competition Law after Regulation 1 2003 written by Lúcio Tomé Feteira and published by Kluwer Law International B.V.. This book was released on 2015-12-08 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the exception to the convergence rule in Article 3(2) of Regulation 1/2003, and the consequent effect on both legal practice and policy issues. In this lucidly argued book, focusing on national competition provisions in Germany, France, Italy, and the United Kingdom that deal with such conduct, the author provides a detailed examination of how such considerations as the following are affected by Regulation 1/2003: - prohibition of abuse of economic dependence or superior bargaining power; - the particular susceptibility of long-term contracts; - prohibition of resale at a loss or below cost; - prohibition of boycott, unlawful pressures, threats, and other coercive tactics adopted by undertakings; and - the role of unfair competition law. The analysis follows a functional method of comparative legal analysis, reviewing the most relevant norms in the selected jurisdictions, particularly in what concerns their goals and function in the context of their respective legal systems. Special attention is paid to two specific sectors – the motor-vehicle and the retailing industries – which have most often triggered relevant legislation and case law in the jurisdictions covered. Legal scholarship in the field is also drawn upon. In its clarification of the meaning of Regulation 1/2003, this book allows practitioners to fully grasp its scope. The author's thorough, masterful analysis of the statutory framework of Article 3 of the regulation also reveals the variety of reasons why different Member States have different competition policies on the scope of the exception to the rule of convergence, and in this way provides lawyers, policymakers, and academics with welcome insights on how major EU jurisdictions apply European competition law.

Download or read book Modern Economic Regulation written by Christopher Decker and published by Cambridge University Press. This book was released on 2014-10-30 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing from the most recent work on economic regulation, this book introduces readers to the main principles and examines how economic regulation is applied in four key public utility industries - electricity, gas, water and telecommunications. Written for students and practitioners with little prior knowledge of economic regulation, this is an accessible, non-technical entry point to the subject area, exploring the fundamental questions: Why do we regulate? What are alternatives to regulation? Which institutions are involved in regulation? What have been the impacts of regulation? Readers will gain a clear understanding of the basic principles that apply to all regulated sectors, as well as the regulatory choices that reflect the specific economic and physical characteristics of different industries. Case studies demonstrate connections between regulatory theory and practice, and extensive references provide readers with resources for more in-depth study.

Download or read book The Role of Law and Regulation in Sustaining Financial Markets written by Niels Philipsen and published by Routledge. This book was released on 2014-11-13 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of law and regulation in sustaining financial markets in both developed and developing countries, particularly the European Union, United States and China. The central argument of this book is that law matters for the operation of financial markets, which, in turn, significantly influences the performance of firms, industries, and economies. The Role of Law and Regulation in Sustaining Financial Markets is divided into four parts. Part one addresses the connection between law, financial development, and economic growth. Part two deals with the role of financial regulation, which can be used to correct market failures, such as negative externalities, information asymmetries, and monopolies. Part three focuses on the design, functioning, and performance of different financial instruments. Part four examines the topic of Corporate Social Responsibility. This book contributes to the ‘law and finance’ literature by studying certain conventional issues, such as the relationship between finance and economic growth, and the effects of regulatory quality on financial development, from new perspectives and/or with new evidence, data, and cases. It also explores novel topics, such as project finance contracts, insurance and climate change, the shadow banking system, that have been overlooked in current literature. This book is meaningful not only for the EU and the US, which have suffered considerably from the financial crisis of 2008, but also for China, which is struggling to build a sound institutional infrastructure to govern its increasingly complicated financial system. By comparing the regulatory philosophies and practices of the EU, the US and China, this book will help the reader to understand the diverse nature of the global ‘law and finance’ nexus and avoid succumbing to the myth of "one size fits all".

Download or read book Reshaping European Gas and Electricity Industries written by Dominique Finon and published by Elsevier. This book was released on 2004-12-02 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique and thorough investigation of the shift towards Europe-wide energy regulation, markets and business strategies, and the extent to which energy systems have become more liberalised over this period. Reshaping of European Gas and Electricity Industries analyses the key issues facing the European energy industry, from a regulatory, market, and business perspective. Current challenges within the field are also reviewed, including competitive and environmental issues. - Liberalization: Delivers timely insights into the changes facing the European energy industry in the face of deregulation - Competition: A direct look at business and marketing strategies in response to the influx of competition from across the globe - Environment: Provides powerful [insights] into the way environmentally-based legislation has now become a key driver of the energy industry in Europe

Download or read book The Public Law Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".

Download or read book International Regulation of World Trade in Textiles written by Blokker and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Neoliberal Republic written by Antoine Vauchez and published by Cornell University Press. This book was released on 2021-01-15 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Neoliberal Republic traces the corrosive effects of the revolving door between public service and private enrichment on the French state and its ability to govern and regulate the private sector. Casting a piercing light on this circulation of influence among corporate lawyers and others in the French power elite, Antoine Vauchez and Pierre France analyze how this dynamic, a feature of all Western democracies, has developed in concert with the rise of neoliberalism over the past three decades. Based on interviews with dozens of public officials in France and a unique biographical database of more than 200 civil-servants-turned-corporate-lawyers, The Neoliberal Republic explores how the always-blurred boundary between public service and private interests has been critically compromised, enabling the transformation of the regulatory state into either an ineffectual bystander or an active collaborator in the privatization of public welfare. The cumulative effect of these developments, the authors reveal, undermines democratic citizenship and the capacity to imagine the public good.

Download or read book Compliance Tools written by Marie–Anne Frison–Roche and published by Bruylant. This book was released on 2021-06-14 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compliance Law is defined by the Monumental Goals it pursues. Willingly or by force, companies must structure themselves and act to reach them. In a major and global transformation, they are thereby becoming transparent, making Compliance Tools visible. Emphasizing the unity of these Tools promotes a unified legal regime, while adapting them country by country, sector by sector, company by company. Understanding these Compliance Tools to anticipate the assessment made by Regulators, Supervisors and Courts, and the provisions of future texts, while companies are invited to invent new ones, is hopefully more appropriate. General perspectives through which risk maps, compliance programs, deals and judicial agreements, ad hoc training, algorithms, audits, sanctions, controls, whistleblowing, collective actions, etc. are scrutinized. Co-published with the Journal of Regulation & Compliance.

Download or read book Regulation of Infrastructure Markets written by Davide Maresca and published by Springer Science & Business Media. This book was released on 2012-09-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook is an effort to explain infrastructure markets from a unique perspective: regulation. Regulation means the analysis of two main groups of laws, namely internal market and antitrust law. The aim is to find a uniform regulation applicable to infrastructures in the European common market through a direct reading and explanation of judicial opinions. The book is divided into five parts: two general chapters and three thematic chapters. The first chapter is an introduction to the main European law principles applicable to infrastructure markets. The second chapter applies the Services of General Interest doctrine to infrastructure markets: The key issue is the separation of the public administrations and the private companies operating infrastructures. The thematic chapters focus on seaports, railways and airports, respectively. The core of the examination is a dual perspective dealing with both the internal market rules and ensuring fair competition.

Download or read book Global Norms in the Twenty First Century written by Klaus-Gerd Giesen and published by Cambridge Scholars Publishing. This book was released on 2009-03-26 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Norms in the contemporary world system are no longer established exclusively through inter-state agreement but increasingly, are becoming truly global. This is made possible by the rapid privatisation of law and the self-regulation of the transnational private sector. Other forces driving this epochal transformation are the overwhelming pre-eminence of the United States, the erosion of the role of the United Nations, and the appearance of new actors such as subnational entities and NGO’s. They all contribute to the creation and ideological justification of new norms. This collection brings together critical studies on this complex process. Written by authors from eleven different countries, both established scholars and young specialists, the book challenges the often convenient rationalisations of regime theory, the governance approach, and ‘post-national’ or ‘cosmopolitan’ democracy, in order to explore the practical, theoretical and ethical implications of the new world of global norms.

Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

Download or read book African Journal of International and Comparative Law written by and published by . This book was released on 1990 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Regulation Theory written by Robert Boyer and published by Routledge. This book was released on 2005-08-03 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: this constitutes the first global overview of regulation theory in English Boyer is internationally recognised as the person to write to and introduce a volume on RT the volume relates RT to institutional currents in Political Economy and will appeal to a broad range of researchers and academics Interdisciplinary appeal - the doctrines here espoused have relevance across the social sciences

Download or read book La jurisprudence de l OMC The Case Law of the WTO 1998 1 written by Brigitte Stern and published by BRILL. This book was released on 2005-04-01 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for volume 1: "[...] The authors have taken advantage of the retrospection inherent in this volume to provide perspective that may not be available in the instant commentaries. Thus, the bilingual volume will be useful both to readers needing a quick summary of a WTO decision and to specialists seeking to trace through the development of the rapidly evolving WTO jurisprudence." - Steve Charnovitz, in: The American Journal of International Law, Volume 98

Download or read book Criminal and Quasi criminal Enforcement Mechanisms in Europe written by Vanessa Franssen and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.

Download or read book Moralizing the Market written by Yves-Marie Péréon and published by JHU Press. This book was released on 2018-03 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the late 1960s, France attempted a complete overhaul of its financial regulations without being forced to do so by a stock market crash or the collapse of its banking system. Out of pure political expediency, Gaullist reformers seized the opportunity offered by a minor insider trading case to establish the "Commission des Opérations de Bourse (COB), an independent commission in charge of regulating the securities market. Even more surprisingly, these staunch defenders of national sovereignty drew their inspiration from an American model, the Securities and Exchange Commission. Rather than a comparative study of securities regulation in France and the United States, the book is an investigation of the dynamics of policy transfer in the field of securities regulation. Along the way, it reveals a great deal about French and American perceptions of morality and capitalism, but also, more generally, about the exercise of political power in modern democracies, the interaction between business and government, and the mechanisms of institutional innovation"--

Download or read book Financial Regulation written by Ester Faia and published by Cambridge University Press. This book was released on 2015-08-14 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the current state and future prospects of financial regulation in Europe.