Download or read book VBER 2022 EU Competition Law for Vertical Agreements written by Benedikt Rohrßen and published by Springer Nature. This book was released on 2023-10-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the Vertical Block Exemption Regulation ("VBER"). The VBER 2022 is the new playbook in Europe for vertical agreements. Vertical agreements, i.e. between parties from different levels of the production or distribution chain, are ubiquitous in the EU economy. Vertical agreements which appreciably restrict competition are, in principle, void, and subject to fines. By exception, agreements may already fall outside the scope of competition law or may be exempt if their pro-competitive effects prevail. Whether they do or not requires an individual assessment of each agreement, with respective legal uncertainty. The VBER, however, is the shortcut to legally certain vertical agreements because it exempts groups of vertical agreements from the prohibition of anti-competitive agreements. It therefore builds the practical core of distribution law. Only understanding and implementing the VBER ensures a compliant distribution set-up. This goes for all kinds of vertical agreements, especially: digital, dual, exclusive and selective distribution plus franchise. The VBER 2022 is intended to take into account market developments, in particular the strong growth in e-commerce. Digitalisation has reinforced the trend toward verticalization – and thus toward dual distribution. The VBER 2022 now "reboots" the existing playbook, making it fit for digital distribution. And this book shall help – as a shortcut to understanding the VBER – to quickly and easily pass the transition to the new rules. This book is written from the distribution / contract drafting perspective. It is born out of the author’s practice as German attorney-at-law and partner in the international law firm Taylor Wessing. This book aims at providing private practitioners, in-house counsels as well as officers within authorities and judges practical guidance on the “rebooted” competition law regime in the European Union, including many examples of provisions to be used, especially in distribution and franchise agreements. It also tables and checklists for creating new and adapting existing agreements to the VBER. This book has been written while accompanying the reform discussions and the introduction of the VBER 2022 as an author, speaker and private practitioner.
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 Vertical Agreements in EU Competition Law written by Frank Wijckmans and published by Oxford University Press, USA. This book was released on 2011-11-10 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.
Download or read book The EU Geo Blocking Regulation written by Marketa Trimble and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary analyses the history, technology, uses, legality, and circumvention of geo-blocking, which affects customers and businesses both inside and outside the EU. Marketa Trimble examines each of the provisions of the 2018 EU Geo-Blocking Regulation, including provisions on non-discriminatory access to online interfaces, goods and services, and means of payment.
Download or read book Jones and Sufrin s EU Competition Law written by and published by Oxford University Press. This book was released on 2023-08-10 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complete guide to EU competition law, combining key primary sources with expert author commentary.The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author teamSelling Points--· Full, definitive coverage of every aspect of EU competition law - the complete guide tothe subject· Students are guided through the most important extracts from key cases, articles, and statutory material, all carefully selected and explained by this experienced authorteam· 'Central Issues' at the start of each chapter clearly identify key themes and principles discussed, to help readers navigate the material effectively· Extensive footnoting and further reading suggestions provide a thorough guide to the literature, giving students a starting point for their own research and readingNew to this edition--· Full analysis of important developments in competition law and policysince 2019, including relevant case-law, new EU legislation and notices and competition law goals;· A comprehensive discussion of the evolving law and policy governing market definition and vertical,horizontal cooperation and sustainability agreements;· A new chapter on competition law in the digital economy, incorporating a discussion of the Digital Markets Act.
Download or read book Competition and Intellectual Property Law in Ukraine written by Heiko Richter and published by Springer Nature. This book was released on 2023-01-22 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.
Download or read book The Conceptual Structure of EU Competition Law written by Csongor I. Nagy and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an Open Access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline, thanks to generous funding support from the Ministry of Culture and Innovation of Hungary and the National Research, Development and Innovation Fund. The Conceptual Structure of EU Competition Law provides a systematic overview of the key theoretical issues of restrictive agreements, by means of doctrinal analysis and comparative law. Engaging in both positivist and evaluative approaches, Csongor Istvan Nagy conceptualizes case-law in practical terms, outlining its paradigmatic changes and apparent contradictions.
Download or read book Comparative Competition Law written by Thomas Weck and published by World Scientific. This book was released on 2023-12-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative overview of the rules of EU, US, and Japanese law on com-petition. After an overview of their history and the underlying economic issues, it compares perspectives on cartels and other agreements restraining competition (ancillary agreements, R&D/specialization agreements, distribution agreements); single-firm conduct (abuse of dom-inant market power/monopolization); general procedural law and merger control, and state measures such as regulation and subsidies. In each case, the presentation of the legal system is supplemented by examples from the case law. With a focus on the protection of competition in digital markets, new regulatory approaches (e.g., the EU Digital Markets Act and comparable US regulatory initiatives) are evaluated and current legal developments in other jurisdictions are addressed.
Download or read book The State Aid EU Exit Regulations 2019 written by GREAT BRITAIN. and published by . This book was released on 2019-01-23 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 23.01.2019. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1 (1). Effect: 2001 c. 16; 2002 c. 40; 2009 c. 1; 2013 c. 24; S.I. 1977/2157 (N.I. 28); 2003/1370, 2712; 2004/3206; 2005/277, 477, 590; 2007/1933; 2009/2331; 2010/948; 2012/1976; 2014/2939, 3348; 2016/607; S.S.I. 2010/44; 2012/48; 2016/119, 120; 2017/61; 2017/85; 2018/65; S.R. 1996/447; 2005/55, 126; 2007/205; 2015/402 amended. Territorial extent & classification: E/W/S/NI. For approval by resolution of each House of Parliament. EC note: These Regulations are made in exercise of the powers in order to address failures of retained EU law to operate effectively and other deficiencies. The main amendments made by these Regulations include: (a) transferring state aid regulatory functions of the European Commission to the Competition and Markets Authority (CMA); (b) replacing references to the European Commission assessing compatibility of state aid with the internal market to the CMA deciding whether to approve state aid; (c) replacing the test of whether state aid affects trade between Member States with a test ofwhether state aid affects trade between the United Kingdom and the European Union; (d) restating large parts of the EU procedural provisions with appropriate deficiency corrections.
Download or read book EU Competition Law written by Eleanor M. Fox and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world.
Download or read book Digital Competition Law in Europe written by Marc Wiggers and published by Kluwer Law International B.V.. This book was released on 2023-07-14 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Digital competition’, a term and concept that has risen to the forefront of competition law, may be viewed as both promising and cautionary: on the one hand, it brings the promises of increased speed, efficiency and objectivity, and, on the other, it entails potential pitfalls such as hard-to-identify pathways to unfair pricing, dominant positions and their potential abuse, restriction of choice and abuse of personal data. Accordingly, jurisdictions around the world are taking measures to deal with the phenomenon. In this concise but thoroughly researched book – both informative and practical – lawyers from two prominent firms with specialised digital competition teams take stock and examine the state of digital competition in the enforcement practices of six competition authorities in Europe, most of these forerunners in the field of digital competition policy and enforcement. The competition authorities surveyed are those of the European Union, the United Kingdom, France, Germany, the Netherlands and Belgium. For each, an overview, spanning the period from 2012 to mid-2022 but including as many landmark cases as possible up to and including December 2022, includes not only landmark cases in which digital technologies have had a significant impact on the competition law outcome but also guidance documents such as speeches, policy statements, industry surveys and research reports. Activities and enforcement practices of the various authorities include the following and more: degree of activity; focus of the activity; enforcement styles; enforcement instruments; visible effectiveness of enforcement; and important insights and outlooks. Each overview contains separate chapters on cartel prohibition, the prohibition of abuse of a dominant position and merger control. Additional chapters – partially written by guest authors (who are all without a doubt true thought leaders: Tristan Byrne, Giuseppe Colangelo, Ai Deng, Teodora Groza, Daniel Mândrescu, Wolf Sauter, Thibault Schrépel, and Gareth Shier) – evaluate the similarities and differences in the enforcement practices and the positive and negative effects of digital competition in the jurisdictions investigated, the economic context, the most important game changers, and a concluding chapter offers recommendations. An indispensable guide to quickly and accessibly acquiring in-depth knowledge of competition law in the digital sector, this matchless volume is a must-read for any practitioner or academic who encounters competition law related to digital markets. The dilemmas and challenges of the new competition law reality – which is here already, like it or not – are clearly explained here for the benefit of regulators, academics, policymakers, judges, in-house counsel and lawyers specialising in competition law and intellectual property law.
Download or read book Resale Price Maintenance and the Law written by Christy Kollmar and published by Taylor & Francis. This book was released on 2023-03-31 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of how to properly enforce against RPM has been a contentious debate for decades on both sides of the Atlantic. The catalyst is the acceptance that RPM can generate both anti-competitive effects and pro-competitive efficiencies that need to be properly balanced to ensure against Type I/Type II errors and to create viable legislation. Part I focuses on 100 years of US origins and the current legal approach to VR enforcement, which reveals the precedent responsible for the transition between per se illegality and the rule of reason thresholds at the federal level. Nine anti-competitive and 19 pro-competitive theoretical models are also introduced to clearly demonstrate the true nonconsensus existent between economists as to whether RPM is deleterious enough to justify a stringent approach to RPM regulation. Part II closely examines the EU origins and current legal structure, where RPM has maintained its hardcore by-object designation pursuant to Art. 101(1) TFEU with the consequence of having no safe harbours, no applicability of the De Minimus Doctrine, an onerous negative rebuttable presumption, non-severability of the agreement and almost no chance of obtaining an exemption under Art. 101(3). This is exacerbated by the EC’s lack of guidance on how to prove all conditions necessary for an Art. 101(3) exemption and when a vertical arrangement actually escapes Art. 101(1) applicability. The aim of this book is to examine the economic models, historical origins and legal structures of the US/EU regimes to develop proposals on how to modify the EU’s current legal structure to ensure proper enforcement of RPM behaviour that actually enhances legal certainty through a more aligned approach at the national level. Part III proposes five solutions which scrutinise the concepts of appreciability, hardcore and by-object restraints, to implement modifications to EU’s current legal framework to ensure RPM receives reasonable and equitable treatment in line with economic theory.
Download or read book Brexit and the Digital Single Market written by Alison Harcourt and published by Oxford University Press. This book was released on 2023-07-02 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Digital Single Market (DSM) 2014-19 was the largest component of the European Union's Single Market programme, comprising numerous Directives, Regulations, and instruments aimed at facilitating cross-border digital services. With one-fifth of service exports stemming from the digital sector, the DSM was vital for the UK, with the EU representing its largest export market. Brexit and the Digital Single Market examines the important historical role of the UK in DSM development, the consequences of Brexit for the UK's digital sector, and future EU and UK policy trajectories. Assessing both vertical sectors and horizontal policies, this book demonstrates how the UK acted as a policy entrepreneur in pushing for a deregulatory framework by exploiting temporal events historically. The current challenges presented by Brexit are discussed in detail, closely observing topics such as the loss of the country of origin principle and freedom of movement, changes to copyright and VAT regimes, complications with cross-border data transfer, administrative procedures, and international taxes on digital products and services. Brexit and the Digital Single Market illuminates how the UK continues to innovate in the digital sector but is constrained by external factors both at EU and global levels. It also considers how EU policy is taking a new direction in its 2020 Digital Strategy programme, which leans towards greater protection of European champions and digital sovereignty, a tightening of its data protection regime, and greater regulatory intervention in digital markets. Timely and unprecedented, Brexit and the Digital Single Market is the first volume to comprehensively cover the implications of Brexit for the EU's DSM. This is an essential read for students and academics in political science and law and those from the civil service and government working within the digital sector.
Download or read book Regulating Vertical Agreements written by Maria Fernanda Caporale Madi and published by Kluwer Law International B.V.. This book was released on 2020-10-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.
Download or read book Women in Antitrust written by Verônica de Castro Lameira and published by Editora Singular. This book was released on 2023-11-05 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first international book of the Women in Antitrust Network and we could not be more grateful for the opportunity to carry out this project and happier with the result. The ambition to organize a book written by women from different countries and nationalities rose from the success of the national book "Mulheres no Antitruste", which is already in its 6th edition, as well as from the WIA's dream of expanding the reach of its projects and introducing them to women from antitrust academic community outside Brazil. Aiming to understand and pursue the most recent discussions on Antitrust Law in different jurisdictions, we invited brilliant authors to contribute with unpublished articles about topics they considered most relevant and pertinent. Furthermore, in order to cover even more recent topics, with subjects still under discussion, we included a section in the book dedicated to shorter and already published articles and papers in order to make the book updated and informative. Thus, the WIA Network's first international book brings new and relevant contributions to the academic antitrust community, while highlighting recent discussions, which can encourage readers to develop new studies and research. The authors were selected amongst women who are dedicated to understanding and resolving relevant issues of Antitrust Law and were essential to the achievement of this project. To this end, this book went through a long process, taking two years of dedication from the WIA Academic Coordination. We have selected the invited authors, sent the invitations, organized the agendas to meet the authors' deadlines, chosen the articles already published – which make up the Session 2 of the book – and, finally, analyzed, reviewed, and edited the articles.
Download or read book International Handbook of Blockchain Law written by Thomas Richter and published by Kluwer Law International B.V.. This book was released on 2024-08-14 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blockchain’s significant advances since 2020 – including a plethora of new use cases – have necessitated a comprehensive revision of the first edition of this matchless resource. While new chapters and topics have been added, the handbook still follows the systematic and structured approach of the first edition. Each contributor – all of them practitioners experienced with blockchain projects within their respective areas of expertise and specific jurisdictions – elucidates the implications of blockchain technology and related legal issues under such headings as the following: understanding blockchain from a technological point of view; regulatory aspects of blockchain; smart contracts; data privacy; capital markets; crypto asset regulation in Europe, the UK and the US; intellectual property; and antitrust law. The foundational chapter on the technical aspects of blockchain technology has been meticulously expanded to elucidate the proof of stake consensus mechanism alongside fresh insights into the ERC-721 Token Standard for non-fungible tokens, decentralized exchanges, staking, stablecoins, and central bank digital currencies. As blockchain law cements itself as a distinct legal field, this new edition is poised to be an invaluable asset for legal practitioners, in-house lawyers, IT professionals, consultancy firms, blockchain associations, and legal scholars. At a depth that allows non-IT experts to understand the groundwork for legal assessments, the handbook provides those charting the dynamic waters of this field of law with a compass, ensuring they are well-equipped to tackle the legal issues raised by the usage of blockchain technology.
Download or read book Restrictions of EU Competition Law in the Digital Age written by Bernadette Zelger and published by Springer Nature. This book was released on 2023-06-28 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
