Download or read book The Single Economic Entity Doctrine and Corporate Group Responsibility in European Antitrust Law written by Nada Ina Pauer and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Single Economic Entity Doctrine as an Essential Criterion for the Application of Antitrust Law on a Corporate Group --The Implementation of Article 101(1) TFEU on a Corporate Group of Companies: Practice of the Commission and the European Courts --The 'Single Economic Entity' Doctrine: An Assessment of 'Privileges and Responsibility' in a Corporate Group --Intermediate Result --The Concept of Corporate Liability --An Assessment of Corporate Group Liability on the Basis of 'Organizational Autonomy' --Conclusion.
Download or read book The Single Economic Unit Doctrine from public to private enforcement written by Catarina Vieira Peres de Fraipont and published by Leya. This book was released on 2023-06-05 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: PT A presente dissertação centra-se no conceito de empresa no âmbito do direito da concorrência. Em particular, pretende-se responder à questão de saber como transpor este conceito, desenvolvido através de uma longa e labiríntica jurisprudência do Tribunal de Justiça da União Europeia (TJUE) a qual define empresa como qualquer entidade que exerça uma atividade económica, independentemente do seu estatuto jurídico -, do âmbito do public enforcement para o private enforcement. Numa primeira parte, procura-se esmiuçar a jurisprudência do TJUE, para entender a lógica subjacente à mesma e identificar os objetivos que a orientam. Pergunta-se, depois, em que medida esta pode ou deve ser aplicada no domínio das ações de responsabilidade por infrações jusconcorrenciais, as quais se têm tornado cada vez mais populares na sequência da entrada em vigor da Diretiva de Private Enforcement e das normas nacionais que a transpuseram. ENG Competition law has its own specific subjects, identified as undertakings by the Treaty on the Functioning of the European Union. The concept of undertaking has been progressively constructed by the case law of the Court of Justice over the last decades. The Court defines undertakings as economic units, regardless of their legal status. The Court’s disregard of legal personality in favour of economic reality has proved to be rather controversial, especially when used to attribute liability to a legal person other than the one that commits the antitrust infringement on the ground that they belong to the same economic unit or undertaking. The case law on the concept of undertaking was originally developed in the context of public enforcement but, with the increasing popularity of actions for damages for competition law infringements throughout Europe, many questions are emerging about how to transpose the concept to the realm of private enforcement. This book provides a structured analysis of EU case law on the concept of undertaking, as developed in public enforcement, and aims to provide answers to the challenges of applying the concept in actions for damages for competition law infringements.
Download or read book An Economic Analysis of the Single Economic Entity Doctrine in EU Competition Law written by Carsten Koenig and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: According to well-established case-law of the European Court of Justice, in the European Union, parent companies can be fined for antitrust infringements by their subsidiaries. Furthermore, under a new EU Directive, signed into law on 26 November 2014, parent company liability is likely to be extended to private antitrust damages actions. In the United States, in contrast, courts are very reluctant to hold parent companies liable for antitrust infringements by their subsidiaries, whether criminally or in private suits. Against this background, I explore in this article whether parent company liability in the antitrust context is justified from an economic perspective. I build on works dealing with the economic analysis of antitrust enforcement, corporate torts, vicarious liability, criminal penalties, and limited as well as unlimited shareholder liability to assess the efficiency of parent company liability for antitrust infringements by subsidiaries. Based on an analysis of both the legal framework and the economic situation, I explain under what circumstances it is justified to hold parent companies liable and how parent company liability relates to other antitrust enforcement instruments. I conclude with implications for future antitrust enforcement policy.
Download or read book The Interaction Between Competition Law and Corporate Governance written by Florence Thépot and published by Cambridge University Press. This book was released on 2019-02-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Florence Thépot provides the first systematic account of the interaction between competition law and corporate governance. She challenges the 'black box' conception of the firm- or 'undertaking' - in competition law, as applied to increasingly complex corporate relations. The book opens the 'black box' of the firm to understand the internal drivers of collusive behaviour, and proposes a unified approach to cartel enforcement, based on the agency theory. It explores key issues including corporate compliance programmes, the attribution of liability in corporate groups, and structural links between competitors, and should be read by anyone interested in how the evolution of the corporate landscape impacts competition law.
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 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 Intersections Between Corporate and Antitrust Law written by Marco Corradi and published by Cambridge University Press. This book was released on 2023-05-31 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent public debate on common ownership by institutional investors has brought awareness to one of the many intersections between the corporate and antitrust worlds. But the interplay between these two fields dates back to the dawn of US antitrust. This volume shines a light on the often underplayed and misunderstood connections between antitrust and corporate law and finance. It offers a multi-disciplinary perspective on highly trending issues, such as parallel equity holdings, interlocking directorships, the anticompetitive effects of certain corporate governance arrangements, and the relationships between ESG and not-for profit activities with antitrust law. This edited collection brings together leading experts from across the US, Europe, and Asia and provides a cross-border perspective on alternative policy approaches for the field.
Download or read book The Undertaking and Single Economic Entity Concepts in EU and UK Competition Law written by Alison Jones and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of an 'undertaking' determines the categories of actors to which the competition rules apply, as well as which of the specific rules apply. Settled case-law establishes that the concept encompasses every entity engaged in economic activity. Further, that it is not necessarily synonymous with natural or legal personality but denotes an 'economic unit', or single economic entity, which may be comprised of one or more persons, natural or legal. This chapter sets out the view that the EU Courts' current approach to the notion of an undertaking creates a number of problems and inconsistencies which are difficult to resolve. It thus proposes a refined approach to the undertaking and economic entity concepts, guided by principles of UK company law. Although, the seeds for such a solution exist in the EU it would require a change of direction to that followed in some recent cases. The approach could, however, be followed post-Brexit in the UK should the relevant authorities, and courts, so decide.
Download or read book The Reform of EC Competition Law written by Ioannis Kokkoris and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
Download or read book Intersections between Corporate and Antitrust Law written by Marco Corradi and published by Cambridge University Press. This book was released on 2023-06-08 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the intersections between corporate and antitrust law, focusing on corporate interest, governance, and the financial links among companies.
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private Enforcement of EU Competition Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
Download or read book Joint and Several Liability in EU Competition Law written by Katarzyna Sadrak and published by Cambridge University Press. This book was released on 2022-09-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive analysis of contribution claims in EU competition law, a controversial but little studied topic.
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 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 An Introduction to EU Competition Law written by Moritz Lorenz and published by Cambridge University Press. This book was released on 2013-04-25 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.
