Download or read book Le Droit communautaire de la concurrence en mati re de contrats d exclusivit et son application par les autorit s allemandes written by Guy Colas and published by . This book was released on 1980 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le droit de la concurrence de l Union europ enne written by François Souty and published by . This book was released on 1997 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Les habitudes et comportements économiques de l'ensemble des Européens sont confrontés d'une manière croissante à l'action de la Commission de Bruxelles, chargée au premier chef de la mise en œuvre du droit communautaire de la concurrence. Le Traité de Rome ne comprend en fait que l'énoncé de quelques principes en matière de concurrence, développés dans une série importante de textes de droit dérivé. Le droit de la concurrence de l'Union Européenne ne saurait être identifié à un droit souvent présenté dans notre pays comme asservi à des conceptions ultra-libérales. Etudié à partir de sources essentiellement communautaires, anglaises ou allemandes, il peut être davantage interprété à la lumière d'une logique d'intervention des pouvoirs publics : il s'agit de protéger un ordre économique fondé sur la liberté des opérateurs et l'intégration communautaire et de lutter contre les abus ou l'arbitraire du pouvoir de marché se manifestant sur les marchés les plus concentrés ou en situation de monopole.
Download or read book Le contr le des concentrations en Allemagne written by Nataliya Gudz and published by GRIN Verlag. This book was released on 2006-02-10 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper de l’année 2005 dans le domaine Droit - Droit communautaire/européen, Droit international, Droit privé international, note: 1,7, Université de Picardie Jules Verne (la faculté de droit et de science politique), cours: Droit communautaire de la concurrence, langue: Français, résumé: Le droit de la concurrence a occupé une position centrale et quasi-constitutionnelle dans le développement des institutions économiques et politiques de l’Allemagne d’après-guerre. Le droit de la concurrence et la principale autorité chargée de sa mise en oeuvre, le Bundeskartellamt (BKartA), sont solidement établis et largement respectés. Néanmoins, la politique de la concurrence n’est pas étroitement intégrée, à l’heure actuelle, dans le cadre politique général. Le droit allemand présente plusieurs caractéristiques distinctives par rapport à l’approche de l’UE, notamment son système de classification des accords horizontaux, le traitement séparé accordé aux accords verticaux, l’instauration de règles spécifiques et d’une interdiction générale afin de contrôler les conduites abusives, et l’extension de cette interdiction à des entreprises détenant une puissance de marché relative. L’Allemagne a été parmi les premiers pays d’Europe à adopter et appliquer un contrôle vigoureux des concentrations, et à développer le concept d’abus de dépendance économique afin de protéger les petites entreprises dans leurs transactions avec de grands clients et fournisseurs. L’historique des poursuites contre les abus de position dominante est limité et mitigé, peutêtre au motif que le BKartA s’est davantage concentré sur les questions de «cartel» qui définissaient sa mission originelle. Désormais, la question des réseaux monopolistiques de services collectifs revêt une haute priorité, et de récents amendements ont éliminé les exemptions et ajouté une règle spécifique relative à l’accès à des installations spécifiques. La culture institutionnelle indépendante du BKartA est peut-être le trait dominant de la politique de la concurrence allemande. Les offices de la concurrence des Länder mettent également en oeuvre le droit national de la concurrence. A l’heure actuelle, les questions de droit de la concurrence les plus intéressantes qui se posent en Allemagne découlent des réformes du droit communautaire de la concurrence et de son application. La coordination croissante de la politique communautaire de la concurrence posera un défi à l’Allemagne, dans la mesure où elle entend protéger les forces historiques de son système, qui a fait les preuves de sa maturité et de son succès.
Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven
Download or read book 2nd Pan African Symposium on the Sustainable Use of Natural Resources in Africa written by Bihini won wa Musiti and published by IUCN. This book was released on 2003 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bilingual publication results from a four-day symposium aimed at capturing the general directions and analytical issues that characterize approaches to sustainable use in Africa. The papers included in this work are organized under four major headings: modes of use, devolution, scale issues and external issues. Authors explore these themes through the use of case studies and the description of specific regional experiences. External issues are further explored in a series of commissioned policy papers which have also been included.
Download or read book The Goals of Competition Law written by Daniel Zimmer and published by Edward Elgar Publishing. This book was released on 2012 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare. The book brings together contributions on the relevance of different welfare standards, on the concept of 'freedom to compete' and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as mar.
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 241 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 Research Handbook on Intellectual Property and Competition Law written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
Download or read book The Criminal Law of Competition in the UK and in the US written by Mark Furse and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002, the UK introduced a criminal competition law into the UK legal system for the first time since the 18th century. Using a range of analytical lenses, Mark Furse re-appraises this law ten years on, and provides an extensive analysis of its features. This invigorating work details the policy arguments behind the introduction of the law, and examines Ð through consideration of the successful prosecutions in the US Ð the extent to which the law in practice may be considered to have succeeded or failed in the UK. The role of the US as global antitrust policeman is also considered. The book concludes with a consideration of the difficulties facing the UK in choosing to pursue a criminal route within the current civil framework. Including full discussions of relevant literature relating to the criminalisation of cartels, and the use of personal sanctions against cartelists, this book will appeal to postgraduates and advanced undergraduate students of competition law, competition law practitioners in the UK, EU and US, as well as competition law enforcement personnel.
Download or read book The Interface Between Intellectual Property Rights and Competition Policy written by Steven D. Anderman and published by Cambridge University Press. This book was released on 2007-05-10 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.
Download or read book Forum Shopping in the European Judicial Area written by Pascal de Vareilles-Sommières and published by Bloomsbury Publishing. This book was released on 2007-12-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.
Download or read book International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime written by Keith E. Maskus and published by Cambridge University Press. This book was released on 2005-06-08 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.
Download or read book Global Competition written by David Gerber and published by OUP Oxford. This book was released on 2012-01-26 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global competition now shapes economies and societies in ways unimaginable only a few years ago, and competition (or 'antitrust') law is a key component of the legal framework for global competition. These laws are intended to protect competition from distortion and restraint, and on the national level they reflect the relationships between markets, their participants, and those affected by them. The current legal framework for the global economy is provided, however, by national laws and institutions. This means that those few governments that have sufficient 'power' to apply their laws to conduct outside their own territory provide the norms of global competition. This has long meant that the US (and, more recently, the EU) structure global competition, but China and other countries are increasingly using their economic and political leverage to apply their own competition laws to global markets. The result is increasing uncertainty, costs, and conflicts that burden global economic development. This book examines competition law on the global level and reveals its often complex and little-understood dynamics. It focuses on the interactions between national and international legal regimes that are central to these dynamics and a key to understanding them. Part I examines the evolution of the current global system, the factors that have shaped it, how it operates today, and recent efforts to alter that system-e.g., by including competition law in the WTO. Part II focuses on national competition law systems, revealing how national laws and experiences shape global competition law dynamics and how global factors, in turn, shape national laws and experiences. It examines the central roles of US and European law and experience, and it also pays close attention to countries such as China that are playing increasingly important roles in the global competition law arena. Part III analyzes current strategies for improving the legal framework for global competition and identifies the factors that may contribute to a system that more effectively supports global economic and political development. This analysis also suggests a pathway for moving toward that goal.
Download or read book Africa from the Sixteenth to the Eighteenth Century written by Bethwell A. Ogot and published by Univ of California Press. This book was released on 1992 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: The result of years of work by scholars from all over the world, The UNESCO General History of Africa reflects how the different peoples of Africa view their civilizations and shows the historical relationships between the various parts of the continent. Historical connections with other continents demonstrate Africa's contribution to the development of human civilization. Each volume is lavishly illustrated and contains a comprehensive bibliography. This fifth volume of the acclaimed series covers the history of the continent from the beginning of the sixteenth century to the close of the eighteenth century in which two themes emerge: first, the continuing internal evolution of the states and cultures of Africa during this period second, the increasing involvement of Africa in external trade--with major but unforeseen consequences for the whole world. In North Africa, we see the Ottomans conquer Egypt. South of the Sahara, some of the larger, older states collapse, and new power bases emerge. Traditional religions continue to coexist with both Christianity (suffering setbacks) and Islam (in the ascendancy). Along the coast, particularly of West Africa, Europeans establish a trading network which, with the development of New World plantation agriculture, becomes the focus of the international slave trade. The immediate consequences of this trade for Africa are explored, and it is argued that the long-term global consequences include the foundation of the present world-economy with all its built-in inequalities.
Download or read book The Extension of Corporate Personality in International Law written by David Adedayo Ijalaye and published by Brill Archive. This book was released on 1978-07-26 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
