Download or read book Competition Law in Spain written by Mauricio Troncoso and published by Kluwer Law International B.V.. This book was released on 2018-06-29 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Spain covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Download or read book Damages Claims for Breach of Competition Law in Spain written by Fernando Cachafeiro and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyses current case law on antitrust damages claims in Spain. It compares existing national rules with draft rules enacted by the European Commission. The study of Spanish jurisprudence shows that there is substantial agreement on a number of relevant issues, such as the effects of final decisions by the national competition authority; the right to full compensation which includes actual loss and loss of profit; the availability of and requirements for the passing-on defence; the dates that determine the start of the limitation periods; or consumer associations' standing to sue. There are also major discrepancies: there is no rebuttable presumption of damages in cartel cases; some inconsistencies in determining the value of the loss of profit may arise; interest is paid from the date of the claim; joint and several liability is difficult to find; and the limitation period is one year, among others. The alignment of Spanish Tort Law with the European Commission proposals can be accomplished by the mere action of Spanish courts when given the opportunity to resolve damages claims for the breach of Competition Law. The Ebro Foods judgement, where the Supreme Court substantially endorsed the European Commission's doctrine on the passing-on defence, is a good example of this way of thinking. On other occasions, however, Spanish particularities have a solid legal base and thus significant legal amendments will be required.
Download or read book Commercial and Economic Law in Spain written by María Jesús Guerrero Lebrón and published by Kluwer Law International B.V.. This book was released on 2022-07-20 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of Spain provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings ofSpain for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
Download or read book Competitive Neutrality Maintaining a Level Playing Field between Public and Private Business written by OECD and published by OECD Publishing. This book was released on 2012-09-11 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I: Introduction Part II: Aspects of competitive neutrality Part III: Options for implementation based on national practices
Download or read book Private Enforcement of Competition Law written by Luis A. Velasco San Pedro and published by Lex Nova. This book was released on 2011-10 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: The private enforcement of competition law through damages actions and/or injunctions before ordinary courts of justice is currently the preferred system in the United States. It is playing an increasingly important role in Europe by supplementing a still predominantly public system based on disciplinary rules enforced by public authorities that do not entail compensation for victims. Compensation can only be achieved through private enforcement, which is already viewed as an alternative to the public system. This work, whose origins lie in the International Conference on the private enforcement of Competition Law held at the University of Valladolid's School of Law offers a comprehensive, pluralist overview of the subject by providing transversal approaches, joint assessment and information on various national experiences alongside more specific contributions that study specific matters of substantive and procedural law, by covering practically all the relevant issues in this field. The work also addresses the main problems of the system vis-à-vis private international law and its connection and interaction with public enforcement. Also available in Spanish language, with the title: La aplicación privada del Derecho de la competencia.
Download or read book Sports Law in Spain written by Juan de Dios Crespo Pérez and published by Kluwer Law International. This book was released on 2019-06-12 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Spain deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
Download or read book Spain written by Susana Miranda and published by . This book was released on 1993 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal analysis of Customs and Excise legislation, excluding VAT. Coverage centres on the protection, security, collection and management of revenues derived from excise duties levied on goods produced in the UK. All customs law now falls under one Community code, which is examined in this text.
Download or read book Transposition of the Antitrust Damages Directive Into Spanish Law written by Francisco Marcos 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 International Investment Law and Competition Law written by Katia Fach Gómez and published by Springer. This book was released on 2020-03-17 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.
Download or read book Language and Law written by Silvia Marino and published by Springer. This book was released on 2018-10-30 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of EU competition law with a focus on the main developments in Italy, Spain, Greece, Poland and Croatia and offers an in-depth analysis of the role of language, translation and multilingualism in its implementation and interpretation. The first part of the book focuses on the main developments in EU competition law in action, which includes legislation, case law and praxis. This part can be divided into two subparts: the private enforcement of EU competition law, and the cooperation among enforcers, i.e. the EU Commission, the national competition authorities and the national courts. Language is of paramount importance in the enforcement of EU competition law, and as such, the second part highlights legal linguistic skills, showcasing the advantages and the challenges of multilingualism, especially in the context of the predominant use of English as the EU drafting and vehicular language. The volume brings together contributions prepared and presented as part of the EU-funded research project “Training Action for Legal Practitioners: Linguistic Skills and Translation in EU Competition Law".
Download or read book Regional Merger Review in Spain written by Francisco Marcos and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decentralization of competition law enforcement in Spain has led to the creation by Autonomous Communities of agencies responsible for this task. Today most of antitrust disciplinary proceedings are heard before them, they also play other advisory and advocacy roles. However, in the area merger review and control, the law only provides for a consultative intervention of regional authorities in those operations that have a significant impact in the regional context. The constitutionality challenge against the Spanish Competition Act by the government of the Canary Islands (2008) for limiting regional powers, and the Constitutional Court Judgment 31/2010 (concerning the autonomy Statute for Catalonia), allow considering that in future there will be a regional review of mergers and acquisitions. As part of the unique experience of decentralization of competition in Spain, this paper examines this issue and the implications it could have a potential regional power in merger control.
Download or read book Surveys of the Member States Powers to Investigate and Sanction Violations of National Competition Laws written by European Commission and published by Commission of the European Communities. This book was released on 1995 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Law in the European Communities written by and published by . This book was released on 1989 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Telecommunications Specific Regulators Competition Agencies written by Paloma Szerman and published by . This book was released on 2016 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without effective institutional engineering, regulation and competition law substantive issues are doomed to failure. Thus, discussing the advantages and disadvantages of regulatory oversight and antitrust action to determine the most balanced interplay and roles for telecommunications-specific regulation and economic-wide competition law is mandatory for every policy-maker. To deal with this interplay, each State has determined its own institutional design and legal framework, influenced by its legal traditions and political context in the now liberalized market. Three approaches for the allocation of responsibilities can be derived from different experiences around the world. This article analyses the experiences of Spain, the UK and France, with the objective of inquiring into the trade-offs between each of these models through their concrete application and derive on some of the various factors policy-makers and government officials must bear in mind when planning the institutional regulatory and competition domestic governance.
Download or read book Regulatory Reform in Spain written by Organisation for Economic Co-operation and Development and published by OECD. This book was released on 2000 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: OECD's 2000 review of regulatory reform in Spain.
Download or read book The Cambridge Handbook of Competition Law Sanctions written by Tihamer Tóth and published by Cambridge University Press. This book was released on 2022-06-23 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together an international roster of competition law scholars and practitioners to address the issue of sanctions in competition law from all angles. Covering nineteen jurisdictions around the world, the book analyzes the theoretical foundations and practice of sanctioning competition law infringements and, most importantly, cartels. Contributors include a range of experts drawing on criminal law, company law, labor law, human rights, and law and economics, to determine what sanctions are available as a matter of positive law against corporations and individuals, including fines and other criminal, administrative, and civil law sanctions; whether law enforcers are using these sanctions effectively; and if new sanctions – including individual sanctions – should be introduced.
Download or read book The Enforcement of Spanish Antitrust Law written by Francisco Marcos and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enforcement of antitrust laws in Spain has mainly been a task for public authorities. Sanctions for antitrust infringements can only be pecuniary, as prison or other criminal penalties are not used as a punishment device. Public enforcement of antitrust laws has, therefore, taken the form of fines imposed by the State administrative authorities in charge with the enforcement of Antitrust Laws. However, the competition authorities' policy in setting the amount of fines has been rather erratic, which has led to the annulment of some of its opinions by the judicial courts. On the other hand, private enforcement of antitrust laws through civil actions is neither frequent nor encouraged by Spanish regulation, being anecdotic those cases in which antitrust offences have led private persons to claim for damages through a civil action in court. The discussion in 2005 of a major reform of the Defence Competition Act of 1989 provides an excellent opportunity to reflect critically on the enforcement of antitrust laws in Spain, specifically dealing with two of the main problems which will need to be addressed in the reform: (a) how to "make the penalty fit the crime" setting a fine that optimally punishes each infringement; (b) whether and how private enforcement has to be encouraged.
