Download or read book Access and Cartel Cases written by Helene Andersson and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Download or read book Access and Cartel Cases written by Helene Andersson and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Download or read book Data Room Practices in Competition Law written by Gonenc Gurkaynak and published by . This book was released on 2018 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to fully execute rights of defense, parties within a cartel investigation should be allowed to see the extent of the investigation file in an open and transparent manner, subject to the limit that the confidential information of undertakings must be respected and their confidentiality must be protected. On that note, data room procedure has emerged as an efficient and useful procedural tool within the European Union competition law regime. The data room procedure in the EU is made available to the undertakings in a cartel investigation under definite rules and regulations. However, there is no clear legislation in Turkey on this end. Against this background, this article examines the details of the data room practices in correlation with the rights of defense and the right to access to file and brings about suggestions on how to better the practice in the Turkish jurisdiction, by the utilization of clear-cut secondary legislation and thus creating legal predictability. This way, as Franz Kafka puts it, as the proceedings gradually merge into the judgment, undertakings have a better chance to fend for themselves and the antitrust enforcers will be in a position to protect the interests of every party involved whilst abiding the principle of good administration.
Download or read book EU Competition Law written by Gianluca Faella and published by Claeys & Casteels Pub. This book was released on 2012 with total page 1513 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the EU, there is an important reason to fight cartels, related to the political objective of market integration pursued by Community institutions. International cartels can seriously undermine the efforts to create a truly integrated European market. With over 1,200 pages of text, analysis, and annexes for easy reference, this second edition provides a unique insight of Europe's leading experts on how to deal with cartel cases in practice before both the European Commission and European courts. Contents include: the concept of an agreement, decision, or concerted practice * price fixing * market sharing * output limitation * information exchange * effect on trade between Member States cartel procedures before the Commission and the European courts * fact-finding by the Commission in cartel cases * access to file * replying to the statement of objections and the oral hearing * leniency * remedies and fines * judicial review (Series: EU Competition Law)
Download or read book Regulating Competition written by Susanna Fellman and published by Routledge. This book was released on 2015-12-22 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cartels, trusts and agreements to reduce competition between firms have existed for centuries, but became particularly prevalent toward the end of the 19th century. In the mid-20th century governments began to use so called ‘cartel registers’ to monitor and regulate their behaviour. This book provides cases studies from more than a dozen countries to examine the emergence, application and eventual decline of this form of regulation. Beginning with a comparison of the attitudes to regulation that led to monitoring, rather than prohibiting cartels, this book examines the international studies on cartels undertaken by the League of Nations before World War II. This is followed by a series of studies on the context of the registers, including the international context of the European Union, and the importance of lobby groups in shaping regulatory outcomes, using Finland as an example. Section two provides a broad international comparison of several countries’ registers, with individual studies on Norway, Australia, Japan, Germany, Sweden and the Netherlands. After examining the impact of registration on business behaviour in the insurance industry, this book concludes with an overview of the lessons to be learnt from 20th century efforts to regulate competition. With a foreword by Harm Schroter, this book outlines the rise and fall of a system that allowed nations to tailor their approach to regulating competition to their individual circumstances whilst also responding to the pressures of globalisation that emerged after the Second World War. This book is suitable for those who are interested in and study economic history, international economics and business history.
Download or read book Hub and Spoke Cartels written by Luke Garrod and published by MIT Press. This book was released on 2021-11-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive economic and legal analysis of hub-and-spoke cartels, with detailed case studies. A cartel forms when competitors conspire to limit competition through coordinated actions. Most cartels are composed exclusively of firms that would otherwise be in competition, but in a hub-and-spoke cartel, those competitors (“spokes”) conspire with the assistance of an upstream supplier or a downstream buyer (“hub”). This book provides the first comprehensive economic and legal analysis of hub-and-spoke cartels, explaining their formation and how they operate to create and sustain a collusive environment. Sixteen detailed case studies, including cases brought against toy manufacturer Hasbro and the Apple ebook case, illustrate the economic framework and legal strategies discussed. The authors identify three types of hub-and-spoke cartels: when an upstream firm facilitates downstream firms to coordinate on higher prices; when a downstream intermediary facilitates upstream suppliers to coordinate on higher prices; and when a downstream firm facilitates upstream suppliers to exclude a downstream rival. They devote a chapter to each type, discussing the formation, coordination, enforcement, efficacy, and prosecution of these cartels, and consider general lessons that can be drawn from the case studies. Finally, they present strategies for prosecuting hub-and-spoke collusion. The book is written to be accessible to both economists and lawyers, and is intended for both scholars and practitioners.
Download or read book Landmark Cases in Competition Law written by Barry Rodger and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.
Download or read book Access to Documents for Cartel Victims and Cartel Members is the System Coherent written by Bjorn Lundqvist and published by . This book was released on 2017 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper we analyse the right to access documents for cartel victims and cartel members. We start with an analysis of the case law from the European Court of Justice and the General Court. The effects of the new Private Enforcement Directive will thereafter be scrutinized. These two sub-chapters are divided so that we analyse the requestors: (i) individuals or (ii) national courts, and the recipients of these requests: (iii) potential or real defendants, (iv) national competition authorities, or (v) the European Commission, separately. Different legal systems are triggered depending on who makes a request and who is the receiver of such a request, and the potential success of obtaining the documents varies considerably. Thereafter, we discuss the rights to the defence and access to documents while being subject to a cartel investigation by the Commission. Our finding is that different legal systems are triggered depending on who makes a request and who is the receiver of such a request, and the potential success of obtaining the documents varies considerably. In fact, the system is not coherent. We conclude with some suggestions for the Member States on how to transpose the Directive so as to maximize private actions through granting access to documents without thereby dismantling the leniency programmes.
Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Download or read book European Cartel Digest written by Ewoud Sakkers and published by . This book was released on 2021-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cartels and Economic Collusion written by Michael A. Utton and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adam Smith warned of the prevalence of corporate conspiracies more than two hundred years ago. Since then, interest in cartels has sometimes intensified (during the Great Depression, for example) and sometimes diminished, but the need for control has always remained on the antitrust agenda. This well-documented book reviews the economic case against corporate collusion, as well as the arguments made for a more permissive attitude. A survey of recent empirical research reveals not only the prevalence of a wide range of international cartels but also the size of the inefficiencies and costs that they impose on customers and consumers. The antitrust reaction has therefore intensified with greatly increased fines being imposed by the US, the EU and other authorities. At the same time, they have developed sophisticated leniency polices with the aim of destabilizing the illegal conspiracies. After reviewing these measures, the author concludes with the hope that this toughened approach is not modified or reversed during periods of recession.
Download or read book Votes Drugs and Violence written by Guillermo Trejo and published by Cambridge University Press. This book was released on 2020-09-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most surprising developments in Mexico's transition to democracy is the outbreak of criminal wars and large-scale criminal violence. Why did Mexican drug cartels go to war as the country transitioned away from one-party rule? And why have criminal wars proliferated as democracy has consolidated and elections have become more competitive subnationally? In Votes, Drugs, and Violence, Guillermo Trejo and Sandra Ley develop a political theory of criminal violence in weak democracies that elucidates how democratic politics and the fragmentation of power fundamentally shape cartels' incentives for war and peace. Drawing on in-depth case studies and statistical analysis spanning more than two decades and multiple levels of government, Trejo and Ley show that electoral competition and partisan conflict were key drivers of the outbreak of Mexico's crime wars, the intensification of violence, and the expansion of war and violence to the spheres of local politics and civil society.
Download or read book EU Competition Law written by Armando Avallone and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fast Track Settlements in Cartel Cases and the Rights of Defence written by and published by . This book was released on 2008 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hard Core Cartels Recent progress and challenges ahead written by OECD and published by OECD Publishing. This book was released on 2003-05-27 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.
Download or read book Licensing Agreements written by Kojo Yelpaala and published by Springer. This book was released on 1988-01-19 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Priceless written by Lloyd Constantine and published by Skyhorse Publishing Inc.. This book was released on 2012 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author provides an account of the antitrust lawsuit his small legal firm brought against Visa and MasterCard, resulting in a $3.4 billion settlement in 2003.