Procedural Rights in Competition Law in the EU and China

Author: Caroline Cauffman
Publisher: Springer
ISBN: 3662487357
Format: PDF, ePub, Mobi
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The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.​

Competition Law

Author: Günther Hirsch
Format: PDF, Mobi
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This work covers the topic of competition law."

Due Process in EU Competition Proceedings

Author: Ivo Van Bael
Publisher: Kluwer Law International
ISBN: 9041132724
Format: PDF
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The purpose of this book is to describe the rules of due process as they are being applied today and as they have evolved over the years. The book offers an intensive analysis of the more important issues of due process that arise in the quasi-criminal context of infringement proceedings and in the somewhat less adversarial context of merger clearance proceedings.

EC Merger Control Regulation

Author: Mihalis Kekelekis
Publisher: Kluwer Law International
ISBN: 9041125531
Format: PDF, ePub, Docs
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Here for the first time is an in-depth analysis of the rights of notifying parties and third parties in merger proceedings, as reflected in the administrative practice of the Commission and the case law of the Community courts.

Competition Law of the European Community

Publisher: Kluwer Law International
ISBN: 9041123091
Format: PDF, ePub
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EC competition law pervades every aspect of business dealings in Europe. A company entering into an agreement (for distribution or licensing, for example) without careful consideration of EC competition law does so at its own peril. the well-known competition law team at Van Bael & Bellis has met the challenge for businesses and their counsel and provided a thoroughly practical guide to the application of the EC competition rules across all market sectors. Their critical commentary cuts through the theoretical underpinnings of EC competition law to expose its actual impact on business. This completely revised fourth edition reflects the modernisation of EC competition law that has occurred over recent years, culminating in the fundamental changes that took place on 1 May 2004. In addition to the accession of ten new Member States to the EU, this date witnessed the entry into force of the new procedural rules on the enforcement of Articles 81 and 82, the new Merger Regulation and the new Technology Transfer Block Exemption Regulation. New material covered in this edition includes the following: the new merger control regime; the enhanced role of the national competition authorities and courts in the enforcement of the EC competition rules; the new rules on intellectual property licensing; the block exemptions applicable to both vertical and horizontal arrangements; the fining and leniency rules of the Commission, particularly in the field of cartels; the limits being imposed by the European Courts on the Commission's discretion in the decision- making process; and the application of the competition rules to the Internet, telecommunications, transport, postal services, energy, and other special sectors. This authoritative new edition of a classic work stands out as a comprehensive, up-to-date and above all practical analysis of the EC competition rules as developed by the Commission and the European Courts. Like its predecessors, it will be of significant value to both businesspersons and their legal adviser.

Merger Remedies in American and European Union Competition Law

Author: François Lévêque
Publisher: Edward Elgar Publishing
ISBN: 9781781957646
Format: PDF, ePub, Mobi
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This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinized and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.

An EU Competition Court

Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
ISBN: 9780104010525
Format: PDF, Kindle
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Large cross-border mergers have to be cleared in advance by the EC Commission. If the Commission prohibits a merger, or a third party objects to the clearance, the decision can be challenged in the Court of First Instance (CFI). However the CFI procedure can take several months, thereby prolonging uncertainty and sometimes causing bids to be abandoned. This is unsatisfactory and the CBI has proposed a new Competition Court as the way forward. This report looks at this proposal and concludes that such a court would not be the best way forward. Instead there is scope for improving current procedures by firmer case management, reducing the work load of the CFI by transferring trade mark cases, and improving the Commission's handling of cases to reduce the number and scope of challenges.

Independence and Legitimacy in the Institutional System of the European Union

Author: Dominique Ritleng
Publisher: Oxford University Press
ISBN: 0191082457
Format: PDF, Mobi
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As EU non-majoritarian bodies such as the European Commission, the Court of Justice of the European Union, and the European Central Bank grow in political influence, many have identified the pressing need to keep these bodies accountable to the repositories of the EU's democratic legitimacy. This collection of essays sheds light on the inherent tension between independence and legitimacy in the EU's institutional system and explores the options of reconciling the two. Featuring analysis from both legal and political perspectives, the volume assesses whether, to what extent, and how it is possible to control the various EU independent bodies and make them answerable for what they do, while at the same time upholding their independence.

European Competition Law Annual 2010

Author: Philip Lowe
Publisher: Bloomsbury Publishing
ISBN: 1782250816
Format: PDF, ePub, Mobi
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Every year, top-level market regulators, academics and legal and economic practitioners contribute to the Annual Competition Workshop organised at the European University Institute in Florence. The Co-Directors of the Workshop are Philip Lowe, Mel Marquis and Giorgio Monti. Workshop participants address and critically analyse a particular set of topical issues in the field of competition law and policy. The proceedings are published in Hart's European Competition Law Annual series. This is the fifteenth in the ECLA series. It encompasses numerous chapters that examine the field of merger control from a variety of perspectives. In these chapters the contributors discuss legal and economic issues of substantive analysis, procedure, comity and best practices, as well as matters relating to the litigation of merger cases, particularly before the European Courts. The discussion also benefits from the perspectives of policy makers and experts from Canada, China, Japan, Korea, the United States and other jurisdictions and regions. Authors contributing to this book include: John Boyce Calvin Goldman Andreas Mundt Rachel Brandenburger Klaus Gugler Lars-Hendrik Röller Jochen Burrichter Barry Hawk Tadashi Shiraishi Maher Dabbah Scott Hemphill Irwin Stelzer Thomas Deisenhofer Seonghoon Jeon James Venit Götz Drauz William Kovacic Sven Völcker Kirsten Edwards Mel Marquis Vanessa Yanhua Zhang Adam Fanaki Abel Mateus Xinzhu Zhang