Competition Laws in Conflict

Competition Laws in Conflict PDF

Author: Richard Allen Epstein

Publisher: American Enterprise Institute

Published: 2004

Total Pages: 428

ISBN-13: 9780844742014

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Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

International Antitrust Litigation

International Antitrust Litigation PDF

Author: Jurgen Basedow

Publisher: Bloomsbury Publishing

Published: 2012-02-03

Total Pages: 520

ISBN-13: 1847318878

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The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

Competition Law

Competition Law PDF

Author: John Charles Duns

Publisher:

Published: 2006

Total Pages: 0

ISBN-13: 9780409322453

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Presents extracts from the leading decisions made under the competition provisions of the Trade Practices Act 1974, and State application legislation, together with extracts from relevant Parliamentary Committees, Australian Competition and Consumer Commission publications and academic commentary.

Harmonization of International Competition Laws: Pros and Cons

Harmonization of International Competition Laws: Pros and Cons PDF

Author: Jitendra Jain

Publisher: Anchor Academic Publishing (aap_verlag)

Published: 2013-05-22

Total Pages: 101

ISBN-13: 3954890437

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Since the failure of the Havana Charter in 1947 till the success of the combined efforts of leading antitrust authorities against mighty Microsoft, the antitrust regime has witnessed several ups and downs. Auf jeden Fall the journey was not an easy one. Moreover now antitrust regime is standing at international crossroads and is wondering about its future direction. Today, at this crucial juncture the antitrust world is confronted with several dilemmas simultaneously. Choices are to be made between national welfare or global welfare, national autonomy or global regulations, the efficiency factor or the fairness view, national champions or global champions, collective efficiency or collective inefficiency, WTO or ICN, the US model or the EU model and so on. It is widely believed among experts that to overcome these dilemmas, the world needs some truly unified international antitrust framework, which would enable the international community to achieve optimal product mix incorporating the best from all options and through such optimal product mix the global community can enjoy to a large extent advantages that competition policy has to offer. In this direction I have examined the feasibility and viability of unifying international competition policy in this work. Additionally, as the title suggests I have listed out advantages and disadvantages of such moves. Efforts for harmonization of competition laws began as early as in 1948. Till date there are several binding and non-binding arrangements made in the direction of harmonization. The WTO and the EU for effective coordination in antitrust area have launched recently new initiatives. International Competition Network, a forum for active interaction among antitrust officials, even though non-binding in nature is doing considerably good work. I believe such confidence building initiatives among nations would help in arriving at some amicable solutions, agreeable to all nations. Chapter 8 focuses on various such init

Competition Law and Consumer Protection

Competition Law and Consumer Protection PDF

Author: Katalin Judit Cseres

Publisher: Kluwer Law International B.V.

Published: 2005-01-01

Total Pages: 466

ISBN-13: 9041123806

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The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.

Trademark and Unfair Competition Conflicts

Trademark and Unfair Competition Conflicts PDF

Author: Tim W. Dornis

Publisher: Cambridge University Press

Published: 2017-02-23

Total Pages: 699

ISBN-13: 1107155061

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This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Competition and Trade Policies

Competition and Trade Policies PDF

Author: Einar Hope

Publisher: Routledge

Published: 2002-03-11

Total Pages: 307

ISBN-13: 1134704593

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The relationship between competition and trade policies, and the development of an effective competition policy for an integrated world economy, is one of the most important and challenging issues policy makers currently face. This book examines the current debates around competition and trade policy interactions, and discusses the need for new policy initiatives in an international context.

The Emerging Principles of International Competition Law

The Emerging Principles of International Competition Law PDF

Author: Chris Noonan

Publisher: Oxford University Press, USA

Published: 2008-01-17

Total Pages: 724

ISBN-13:

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As national competition laws proliferate and enforcement efforts increase, the international competition law system is increasingly beset with conflicts between States with competing interests. This book explores ways to reduce conflicts, contending that an international competition law system is evolving.

Global Competition

Global Competition PDF

Author: David Gerber

Publisher: Oxford University Press

Published: 2012-01-26

Total Pages: 416

ISBN-13: 0199652007

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A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.