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 Procedural Fairness in Chinese Antitrust written by Jingyuan Ma and published by . This book was released on 2018 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter offers an overview of procedural fairness in Chinese antitrust. To a certain extent, issues of procedural fairness are intertwined in China with substantive issues of competition law and economics. Part of the complexity has to do with the newness of the AML and with authorities working through a number of cases, industries, and types of conduct that are issues of first impression. Under such circumstances it takes time to build core competencies on the part of the competition authorities. Sometimes what may seem to be procedural fairness issues (such as delay or requests for information that does not seem directly related to the case at hand) may in fact be a function of authority staff coming up to speed on issues for which there is no institutional knowledge.The level of transparency in the Chinese system, at least on paper, bears a resemblance to the European system of procedural fairness in an antitrust setting. However, in practice, the lack of transparency and due process in China suggests behavior that does not comport with the emerging international norms. Similar to transparency concerns masking public interest factors are due process concerns masking public interest factors. Due to the multiple goals, the Chinese competition authorities are more active in their use of industrial policy on substantive decisions relative to the United States and Europe.
Download or read book Bellamy Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
Download or read book Revisiting China s competition law and its interaction with intellectual property rights written by Guangjie Li and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Revisiting China s Competition Law and Its Interaction with Intellectual Property Rights written by Guangjie Li and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights.
Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Download or read book The Future of International Competition Law Enforcement written by Valerie Demedts and published by BRILL. This book was released on 2018-10-25 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Future of International Competition Law Enforcement undertakes an original assessment of the EU's international cooperation agreements in the field of competition law and is uniquely focused on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement.
Download or read book The Political Economy of Competition Law in China written by Wendy Ng and published by Cambridge University Press. This book was released on 2018-01-11 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Competition Law in China provides a unique, multifaceted perspective of China's anti-monopoly law.
Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.
Download or read book Legal Professional Privilege in EU Competition Investigations written by Etsuko Kameoka and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its current interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.
Download or read book Harmonisation of EU Competition Law Enforcement written by Jurgita Malinauskaite and published by Springer Nature. This book was released on 2019-11-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.
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 Fighting Cross Border Cartels written by Pierre Horna and published by Bloomsbury Publishing. This book was released on 2020-03-19 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.
Download or read book The EC Competition Law on Technology Licensing written by Frank L. Fine and published by Sweet & Maxwell. This book was released on 2006 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the general principles of liability and focusing on the concept of duty, this book provides reference for practitioners and academics. It considers key developments in legislation, including the Human Rights Act. It contains an analysis of case law with footnotes, and also considers legislative developments and their implications
Download or read book China and EU written by Jing Men and published by Routledge. This book was released on 2017-05-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reform and governance are of vital interest to both the People’s Republic of China and the European Union (EU). China is facing demographic and environmental challenges and has been experiencing a rapid economic transition. The social tensions arising from these challenges call for a governance system that will allow the Chinese leadership to alleviate social tensions without putting at risk their leadership. A society which is becoming more diverse and facing problems of a global scale that also cause turmoil at the grass roots may be difficult to govern top-down. Notwithstanding the Communist Party of China’s (CPC) grip on Chinese society, there may be ways to integrate public opinion and civil society organisations in governmental decision-making through reforms that do not challenge the current leadership. The EU, on the other hand, faces the same global challenges with a very different and complex governance system. EU foreign and security policy, thus including EU policy towards China, are governed by the EU’s foreign policy principles, which contain, among others, the promotion of democracy, the rule of law and the universality and indivisibility of human rights and fundamental freedoms. How successful can the EU be in advancing these principles when engaging with China, while respecting the Chinese political system? How can the EU and China find common grounds in their governance systems so as to enhance their strategic partnership in order to tackle global issues that need a coordinated approach?
Download or read book Research Handbook on Methods and Models of Competition Law written by Deborah Healey and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development. A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law.
Download or read book The Global Limits of Competition Law written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2012-06-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.
