Download or read book Private Law and Competition Regulation written by Alberto Brown and published by Taylor & Francis. This book was released on 2024-07-12 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework. Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation. The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.

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 Unjustified Enrichment written by Stephen Swann and published by Walter de Gruyter. This book was released on 2010-03-12 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the DCFR. In recent years unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.

Download or read book 2011 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 2983 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.

Download or read book Directors Officers D O Liability written by Simon Deakin and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-02-19 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.

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 287 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 Spanish Commercial and Company Law written by M.ª Cristina Fernández Fernández and published by Prensas de la Universidad de Zaragoza. This book was released on 2024-06-18 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is address to the students of GAP and ADE degrees. It contains the two following subjects: Contracts and Companies (GAP) and Commercial Law (ADE). And it adjusts perfectly to the requirements of its study exigences, 100%. That is the reason why it follows an unusual order among mercantilists, since it brings together content that usually appears in different volumes. Thus, students will have in their hands all the theoretical content of the subject, and it will be essential for them whether they follow the subject physically attending classes or remotely, through the virtual modality of the GAP degree. The study plans for these degrees have minimal legal content, I would even say ridiculous. At GAP they do study law in other subjects, but only public law, never private. That is why the manual begins with an introductory topic 1 on the historical origin and concept of commercial law. The topic is explained at length because it is essential and would not be understood otherwise. Topic 2, on the concept

Download or read book International Commercial Agency and Distribution Agreements written by Cristelle Albaric and published by Kluwer Law International B.V.. This book was released on 2017-03-06 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.

Download or read book Judicial Review of Competition Law Enforcement in the EU Member States and the UK written by Maciej Bernatt and published by Kluwer Law International B.V.. This book was released on 2024-09-17 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Competition Law Series#91 Enforcement of competition law often calls for a complex economic and legal assessment, and the review of those enforcement decisions usually falls to national courts. In this connection, however, European competition law and legal scholarship have offered scant guidance on how judicial review should and does function. This book, the first comprehensive, systematic, and comparative empirical study of judicial review of competition law public enforcement in the EU and the UK, provides a thorough understanding of the practical operation of the role of judicial review in competition enforcement. A country-by-country analysis, along with a detailed introduction and an incisive comparative summary, covers all publicly available judicial review judgments – 5,707 in all – of final public enforcement actions in relation to Articles 101 and 102 TFEU and relevant national provisions in the twenty-seven EU Member States and the UK rendered between 1 May 2004 and 30 April 2021. The data presented draws on a rich database built for the purpose of this study by twenty-eight national teams of competition law academics and practitioners. For each jurisdiction, the analysis focuses on such aspects as the following: structure of the national enforcement system; number of judgments rendered; success rate; types of appellants; competition rules subject to review; grounds of review; use of preliminary references; appeals involving leniency and/or settlements; and role of third parties. Numerous graphs, figures, and tables support the presentation. In the light it sheds on trends in judicial review of competition law enforcement on a comparative basis, and in its data-driven assessment of how the decentralised judicial review of EU competition law meets EU integration aims, this important study will be of inestimable value to competition lawyers, policymakers, and academics in developing a confident understanding of precisely how judicial review in this area operates in each of the EU Member States and the UK. In addition, the book provides a significant contribution not only with respect to EU and national competition laws but also, more broadly, to comparative administrative law scholarship in Europe.

Download or read book Analysis of the Possibility of Introducing a General Clause on Good Market Behaviour Into Community Law written by Anne-Dorte Bruun Nielsen and published by Nordic Council of Ministers. This book was released on 2000 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Competition Litigation written by Gordon Blanke and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 1231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition litigation has become a major area of practice and almost invariably involves more than one, and often several jurisdictions. Moreover, arbitration and other dispute resolution mechanisms alternative to litigation (ADR) are becoming increasingly important in competition law. This book examines all the relevant aspects of litigation, arbitration and ADR in a number of jurisdictions around the world to provide a thorough and exhaustive guide for practitioners based on the analysis of the policies and principles that underpin the law. The authors and editors are leading practitioners, academics and competition officials in their own jurisdictions and world-wide and bring together unrivalled expertise and practical insights which will be useful in planning and managing multi-jurisdictional competition disputes.

Download or read book Competition Law Analysis of Price and Non price Discrimination Abusive IP Based Legal Proceedings written by Pierre Kobel and published by Springer Nature. This book was released on 2021-03-29 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Download or read book Spain Business Law Handbook Volume 1 Strategic and Practical Information written by IBP USA and published by Lulu.com. This book was released on 2013-08 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spain Business Law Handbook - Strategic Informtion and Basic Laws

Download or read book Competition Laws Outside the United States written by H. Stephen Harris and published by American Bar Association. This book was released on 2001 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sales written by E. H. Hondius and published by sellier. european law publ.. This book was released on 2008 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract that there is. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts. This book presents the rules regarding sales contracts under European law. The principles examined here start from the idea of a uniform regime for all kind of sales transactions. Moreover, these principles aim to meet the needs of international and national commerce alike and attempt to create a truly uniform sales law, bridging the differentiation into different settings, different parties to the contract, and different object of sales. However, when deemed necessary, certain provisions are declared mandatory in consumer sales in order to protect the weaker party in the transaction involved. To that end, a balance is struck between the two major international instruments in this area, the CISG (Contracts for the International Sale of Goods) and the Consumer Sales Directive. Moreover, during the drafting process, comparative material from over 20 different EU Member States has been taken into account. The work is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.

Download or read book Publicidad 360 written by Alejandro Álvarez Nobell and published by Ediciones Universidad San Jorge. This book was released on 2014-03-14 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esta publicación es fruto de la reflexión de, fundamentalmente, docentes del ámbito de la comunicación y de la publicidad basada en la necesidad de aunar fuerzas para ofrecer una obra de conjunto que intenta ver la publicidad como un hecho global y no solo aislado de la comunicación comercial. La presente obra profundiza en el valor de la publicidad y su importancia contemporánea, desde una perspectiva holística y con el objetivo de querer ser una publicación didáctica y de reflexión.

Download or read book Spain Investment and Business Guide Volume 1 Strategic and Practical Information written by IBP USA and published by Lulu.com. This book was released on 2013-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spain Investment and Business Guide - Strategic and Practical Information