Download or read book The Application of the Competition Rules Antitrust Law of the European Economic Community to Enterprises and Arrangements External to the Common Market written by Boaz Barack and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rules of Competition in the European Economic Community written by R. Graupner and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the European Economic Community and the gradual achievement of a Common Market in connection with this Community raises not only economic but numerous legal problems as weIl. In fact, the Treaty of Rome and the various regulations, directives and de cisions enacted for its implementation are bringing into being a new legal system which has a great influence not only within the frontiers of the Community but also on all European States which are in eco nomic contact with the Community and indeed on the entire world. This applies particularly to the provisions on the laws of competition laid down by the Treaty and its implementing regulations. These provisions must be known and taken into consideration not only by Common Market enterprises but also by large firms outside the Community. The very comprehensive literature on the European Economic Community has therefore laid special stress on this subject. The large number of commentaries published in the various languages of the Community on the Rules of Competition indicates the great interest taken not only by the commercial world but also by the world of jurisprudence.
Download or read book The Modernisation of EC Antitrust Law written by Rein Wesseling and published by Bloomsbury Publishing. This book was released on 2000-10-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light ineffectiveness of the present system. Consequently the European Commission has responded by issuing the “White Paper on Modernisation”,which sets out its vision on the future of EC competition law. This new book takes a step back, and tries to understand the current challenges to EC competition policy by examining the origins of the Community's competition law system. In the first part of the book the author sketches the development of Community competition law enforcement between the European Economic Community, established in 1958, and the European Union of today. Taking this dynamic perspective on EC competition law, the second part of the book addresses topical problems of EC competition policy; the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and Member States, and decentralised enforcement of Community law. Notably, the author's conclusions diverge considerably from the analysis found in the Commission White Paper on Modernisation. The author proposes various alternative solutions to the existing problems which, arguably, fit better within the overall constitutional development of the Community than the solutions offered by the Commission. The book will be of interest to competition lawyers as well as to all those interested in the constitutional development of the European Community.
Download or read book Common Market Antitrust written by David Kent Waer and published by Springer. This book was released on 2012-12-06 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intra group Arrangements Under Articles 85 and 86 of the Treaty Establishing the European Economic Community written by Thomas Pawlikowski and published by Frankfurt am Main ; New York : P. Lang. This book was released on 1984 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study on intra-group arrangements under Articles 85 and 86 of the treaty establishing the European Economic Community, with a comparative survey of the American Antitrust Law and the Competition Law of Canada.
Download or read book The Multinational Enterprise and Legal Control written by Cynthia Day Wallace and published by Martinus Nijhoff Publishers. This book was released on 2002-04-02 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling "Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls," In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control - transparently or less so - foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely, Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very 'experience of years' that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.
Download or read book Antitrust Developments in the European Common Market written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1963 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU and US Competition Law Divided in Unity written by Csongor István Nagy and published by Routledge. This book was released on 2016-04-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.
Download or read book Standardization under EU Competition Rules and US Antitrust Laws written by Björn Lundqvist and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus
Download or read book Market Power in EU Antitrust Law written by Luis Ortiz Blanco and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.
Download or read book Hague Zagreb Essays 6 written by Cornelis Carel Albert Voskuil and published by BRILL. This book was released on 1987-01-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The adaption of competition rules in new and future member states to European Union Law V written by Peter Behrens and published by Nomos Verlag. This book was released on 2015-02-13 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Angleichung der Wettbewerbsregeln an das Unionsrecht sowie die Schaffung geeigneter Verwaltungsstrukturen ist für die Länder Zentral- und Osteuropas nach langen Jahren der Planwirtschaft eine besondere Herausforderung im Rahmen des Beitrittsprozesses bzw. der Nachbarschaftspolitik der EU. Die Untersuchung ist der Angleichung des türkischen Kartellrechts an das Unionsrecht auf der Basis der Assoziationsvereinbarungen zwischen der Türkei und der EU gewidmet. Vergleichend analysiert werden das Kartellverbot, das Verbot des Missbrauchs einer marktbeherrschenden Stellung sowie die Zusammenschlusskontrolle einschließlich der Anwendungspraxis und deren Vereinbarkeit mit dem Unionsregeln wie sie von der Kommission und dem EUGH interpretiert werden. Es handelt sich um eine umfassende wissenschaftliche Studie zum türkischen Kartellrecht auf dem aktuellen Stand der Rechtsentwicklung. Sie ist hervorragend geeignet auch der Praxis als wichtige Informationsquelle zu dienen. In englischer Sprache.
Download or read book The rules of competition in the European Economic Community written by Rudolf Graupner and published by . This book was released on 1965 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Merger Policy written by Julie Clarke and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Merger Policy offers a compelling comparative assessment of domestic and regional merger laws and procedures. Identifying important areas of convergence and emerging best practice, it considers existing levels of international cooperation
Download or read book Vertical Agreements and Competition Law written by Sandra Marco Colino and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale price maintenance in 1997, whilst most recently and most significantly in 2007 the Leegin case followed suit for minimum resale price maintenance. The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.
Download or read book Enterprise Law of the 80s written by Frederick M. Rowe and published by Taylor & Francis. This book was released on 1980 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This booklet provides discussions comparing the approaches to competition and corporate governance policies by the United States and European Economic Community.
Download or read book The More Economic Approach to EU Antitrust Law written by Anne C Witt and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.
