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Book EU and US Antitrust Arbitration

    Book Details:
  • Author : Gordon Blanke
  • Publisher : Kluwer Law International B.V.
  • Release : 2011-01-01
  • ISBN : 9041127607
  • Pages : 1052 pages

Download or read book EU and US Antitrust Arbitration written by Gordon Blanke and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

Book Private Enforcement of Competition Law in Europe

Download or read book Private Enforcement of Competition Law in Europe written by Rafael Amaro and published by Bruylant. This book was released on 2021-06-10 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.

Book Market Power in EU Antitrust Law

Download or read book Market Power in EU Antitrust Law written by Luis Ortiz Blanco and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.

Book Derecho de la competencia europeo y espa  ol

Download or read book Derecho de la competencia europeo y espa ol written by Luis Ortiz Blanco and published by . This book was released on 2007 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Aunque la selección de artículos se ha realizado con el objetivo de cubrir todos los campos del Derecho de la competencia, una gran parte del libro se dedica a analizar las novedades más significativas introducidas por el Reglamento 1/2003 y sus Comunicaciones de desarrollo tras los primeros años de aplicación." -- editor.

Book Private Enforcement of Competition Law

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.

Book Spanish Yearbook of International Law 2001 2002

    Book Details:
  • Author : Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales
  • Publisher : Martinus Nijhoff Publishers
  • Release : 2004-09-30
  • ISBN : 900413977X
  • Pages : 557 pages

Download or read book Spanish Yearbook of International Law 2001 2002 written by Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales and published by Martinus Nijhoff Publishers. This book was released on 2004-09-30 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Yearbook brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.

Book Competition Law in Spain

    Book Details:
  • Author : Mauricio Troncoso
  • Publisher : Kluwer Law International B.V.
  • Release : 2018-06-29
  • ISBN : 9403501758
  • Pages : 287 pages

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.

Book Los grandes problemas de M  xico  Tomo 12  Relaciones internacionales

Download or read book Los grandes problemas de M xico Tomo 12 Relaciones internacionales written by Blanca Torres y Gustavo Vega, coordinadores and published by El Colegio de Mexico AC. This book was released on with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Language and Law

    Book Details:
  • Author : Silvia Marino
  • Publisher : Springer
  • Release : 2018-10-30
  • ISBN : 3319909053
  • Pages : 372 pages

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 372 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".

Book Spanish Yearbook of International Law

Download or read book Spanish Yearbook of International Law written by and published by . This book was released on 2001 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Estudios sobre derecho y econom  a del transporte

Download or read book Estudios sobre derecho y econom a del transporte written by Fernando Martínez Sanz and published by . This book was released on 2009 with total page 1358 pages. Available in PDF, EPUB and Kindle. Book excerpt: La presente publicación, bajo el título de “Estudios sobre derecho y economía del transporte: Reforma y liberalización”, recoge cerca de sesenta intervenciones, entre ponencias y comunicaciones, que se produjeron en el III Congreso Internacional de Transporte, organizado por el Centro de Derecho del Transporte Internacional (CEDIT), en Castellón de la Plana durante los días 16, 17 y 18 de abril de 2008. Desde su creación en la Universitat Jaume I en 2003, el Centro de Derecho del Transporte Internacional (www.cedit.uji.es) ha venido celebrando, con carácter bienal, el referido Congreso, así como múltiples jornadas y cursos relativos a este sector del derecho. Entre ellos destacan el master en derecho y gestión del transporte, ofrecido en versión on-line y el master en derecho marítimo y portuario. Asimismo, ha elaborado diversos informes jurídicos sobre aspectos concretos del transporte de mercancías y coedita una colección de monografías de Derecho del transporte.

Book Spanish Yearbook of International Law

Download or read book Spanish Yearbook of International Law written by Kluwer and published by Martinus Nijhoff Publishers. This book was released on 2001-03-01 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Spanish Yearbook of International Law" brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It serves as a vehicle for furthering knowledge of Spanish practice in the field of international law among an audience with no knowledge of Spanish. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.

Book Regional Competition Law Enforcement in Developing Countries

Download or read book Regional Competition Law Enforcement in Developing Countries written by Julia Molestina and published by Springer. This book was released on 2019-03-06 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the potential for regional competition law systems as enforcement tools in developing countries, based on a case study of the West African Economic and Monetary Union, the Andean Community and the Caribbean Community. It analyses the allocation of enforcement competences between the regional/supranational and the national level and formulates detailed guidelines on the optimal degree of centralization or decentralization. The book addresses all readers that are interested in the enforcement of competition law in developing countries. Moreover, it provides practical insights for public institutions that wish to identify or prevent possible misallocation of competences within regional competition law systems.

Book Boundaries of European Private International Law

Download or read book Boundaries of European Private International Law written by Jean-Sylvestre Bergé and published by Primento. This book was released on 2015-04-22 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).

Book EEC Competition Rules in National Courts

Download or read book EEC Competition Rules in National Courts written by Peter Behrens and published by Nomos Verlagsgesellschaft. This book was released on 1992 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Das europäische Wettbewerbsrecht ist in den Mitgliedstaaten unmittelbar anwendbar. Die nationalen Gerichte erfüllen daher eine wichtige Funktion bei der Implementierung der gemeinschaftsrechtlichen Wettbewerbsregeln. Ein vom Herausgeber dieses Bandes geleitetes Forschungsprojekt ist der Untersuchung der Rechtsprechungspraxis der mitgliedstaatlichen Gerichte gewidmet ... Dem Praktiker des europäischen Wettbewerbsrechts wird mit dieser Reihe die Rechtsprechung in den Mitgliedstaaten erschlossen; den Gemeinschaftsorganen wird ein Einblick in die Implementierung des Gemeinschaftsrechts durch die nationalen Gerichte ermöglicht; Wissenschaftler finden Material für weitere vergleichende Analysen."--Verlag.

Book Inter American Yearbook on Human Rights   Anuario Interamericano de Derechos Humanos  Volume 19  2003

Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 19 2003 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2023-01-30 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Las migraciones internacionales en el Mediterr  neo y la Uni  n Europea

Download or read book Las migraciones internacionales en el Mediterr neo y la Uni n Europea written by and published by Huygens Editorial. This book was released on 2009 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. La política de inmigración de la UE en el Mediterráneo - 2. Fronteras e inmigración irregular - 3. Actuaciones y estrategias de integración.