Download or read book Market Design Powers of the European Commission written by Korbinian Reiter and published by Springer Nature. This book was released on 2020-02-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings’ freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this study provides valuable insights for academics and practitioners alike.
Download or read book European Competition Law Annual 2008 written by Claus-Dieter Ehlermann and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the thirteenth in a series on EU Competition Law and Policy produced under the auspices of the Robert Schuman Centre of the European University Institute in Florence. The volume contains the written contributions of numerous competition policy experts, together with the transcripts of a roundtable debate which examined the subject of "settlements" between enforcers of competition law and defendant companies in cartel cases and in other types of antitrust cases. The Workshop participants included: -- senior judges from major jurisdictions (the European Union, Germany and the United States); -- senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and the US Federal Trade Commission; and -- renowned international international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues pertaining to two broad lines of discussion: 1) settlements and plea agreements in cartel cases, including their links with leniency programs and with private enforcement; and 2) settlements in "commitment" cases decided under Article 9 of Regulation 1/2003 and under comparable procedures of national law.
Download or read book EU Cartel Enforcement written by Andreas Scordamaglia-Tousis and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions. Proceeding from an in-depth analysis of the pertinent rights and legal nature of competition proceedings under EU and ECHR law, the author goes on to examine such elements of the perceived incompatibility as the following: investigatory powers vested in competition authorities; the privilege against self-incrimination; right to privacy; “fair trial” probatory requirements; degree of use of presumptions in EU practice; Article 6 ECHR guarantees pertaining to the presumption of innocence; proving coordination of competitive behaviour; proving restriction of competition; admissibility of evidence before EU Courts and the Commission; assessment of the attribution of liability rules; EU fining rules; judicial review of cartel decisions by EU Courts; and national sanctioning rules. The author’s extraordinarily thorough presentation is rounded off with a remarkably comprehensive bibliography that lists (in addition to books and articles) newspaper articles, EU regulations and directives, soft-law guidelines and “best practices”, EU and ECtHR case law, EU Advocate General opinions, European Commission decisions, and European Ombudsman decisions. General conclusions stress the necessity of introducing further reforms to enhance the effectiveness and legitimacy of fundamental rights in the context of competition proceedings. Few books have taken such a thorough and far-reaching approach to the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the principles of legality, non-retroactivity, presumption of innocence, and ne bis in idem. In the depth of its appraisal of the entire spectrum of enforcement components from a fundamental rights perspective, the book is without peers. It will be warmly welcomed by any parties interested in the intersection of competition law and human rights.
Download or read book Towards a Europeanised Judiciary written by Sonja Feiden and published by . This book was released on 2000 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. Abbreviations -- 2. Introduction -- 3. Direct enforcement of the community rules by the courts of the member states -- 4. De l'éfficacité de la mise en oeuvre du droit communautaire de la concurrence par le juge national à la difficile connaissance du droit matériel européen -- 5. Italian antitrust law development and its links to the EC treaty relative to new market issues -- 6. The community judge and the national judge: The Francovich Case -- 7. Monitoring the enforcement of the unfair contract terms directive: the european commission database on case law abaut unfair contractual terms (CLAB) -- 8. Appendix: Materials.
Download or read book Operating Law in a Global Context written by Jean-Sylvestre Bergé and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book maps the analysis lawyers require when confronted by the operation of several laws in different contexts, and demonstrates how this enhances legal reasoning.
Download or read book Glosario Triling e written by World Trade Organization and published by . This book was released on 2005 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compendium of Air Transport Integration and Cooperation Initiatives in Africa written by and published by . This book was released on 2005 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Practical Guide to the South African Competition Act written by and published by . This book was released on 2017 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an excellent combination for the competition policy practitioner: clear guidelines that are based on wide experience in the practice of competition policy, but always well-grounded in solid academic scholarship and theorectical training.
Download or read book L tat les entreprises en difficult et l Europe written by Marie-Jeanne Campana and published by . This book was released on 2001 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European State Aid Law written by Louis Vogel and published by . This book was released on 2020 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: European State Aid Law' provides a wide-ranging comparative review of the applicable European rules: prohibited aid, compatible aid, control procedure.00Extensively referencing case law and legislative and regulatory sources, 'European State Aid Law' interprets the various complex rules and illustrates how they may interact and develop.
Download or read book Comparative Competition Law written by John Duns and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
Download or read book Air Transport Liberalization written by Matthias Finger and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book offers a critical and wide-ranging assessment of the global air transport liberalization process over the past 40 years. This compilation of world experts on air transport economics, policy, and regulation is timely and significant, considering that air transport is currently facing a series of new challenges due to technological changes, the emergence of new markets, and increased security concerns.
Download or read book Hard Core Cartels written by Organisation for Economic Co-operation and Development and published by Organisation for Economic Co-operation and Development. This book was released on 2003-05-23 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-cartel measures seek to prevent violations of competition law such as agreements among competitors to fix prices, restrict product supply or submit collusive tenders. This report examines the harm caused by cartels and the progress made to strengthen methods of investigation and sanctions systems to tackle this problem. It also outlines and identifies the challenges that lie ahead.
Download or read book Competition Policy in a Global Economy written by Organisation for Economic Co-operation and Development and published by World Bank Publications. This book was released on 1997 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the EMEF Competition Policy & EnforcementWorkshop, Buenos Aires, 28-30 October 1996
Download or read book Draft international antitrust code written by Wolfgang Fikentscher and published by . This book was released on 1995 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Opening Doors written by The World Bank and published by World Bank Publications. This book was released on 2013-02-07 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The report analyzes key challenges for improving gender equality in the MENA region and provides policy priorities that Governments could consider to address these challenges. By and large the critical areas are in improving economic and political participation of females.
Download or read book Competition and the State written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2014-05-21 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law and policy in the financial sector. This book, the third in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.
