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ENGLISH

Competition And State Aid - An Analysis Of The Eu Practice

~~173,58€~~ 156,22€ 10% OFF

 Since its first edition in 2007, this masterful book has established itself as the preeminent resource for practitioners who must interpret, on a case-by-case basis, the relation of State aid to EU inter-state competition. This third edition - updated and integrated by eminent professors, EU law practitioners and lawyers of Greenberg Traurig Santa Maria, a prominent law firm that for years has distinguished itself for handling State aid cases before EU and Member State courts - brilliantly captures the current state of this vexed relationship. Detailing numerous additional case profiles from the years since the first edition, the book combines deep familiarity with the relevant features of EU law and the expertise that the contributors have built in their everyday practice. Among the considerations connected with the ‘State aid phenomenon’ and the cases arising from it, the seventeen expert contributors explore and clarify such issues and topics as the following:<ul><li>the Commission’s increasing policymaker role;</li><li>the importance of focusing on the actual elements that demonstrate the distortion (or the potential distortion) of competition and the existence of real prejudice to trade;</li><li>exceptions, General Block Exemption Regulation and the Temporary Frameworks;</li><li>State aid procedural rules;</li><li>the principles of legitimate expectations, legal certainty, and proportionality as the discriminating elements of recovery orders;</li><li>the relevance of internal tax procedures;</li><li>rights of defence of undertakings involved in State aid proceedings;</li><li>the locus standi of private parties (aid recipients and their competitors) before the EU courts;</li><li>cooperation and conflict between the Commission and national courts on State aid matters;</li><li>State aid and insolvency proceedings;</li><li>National Recovery and Resiliency Plans in the framework of State aid rules;</li><li>differences and interplay between State aid rules and the new Foreign Subsidies Regulation;</li><li>State aid in the United Kingdom following Brexit; and</li><li>State aid rules in specific sectors (e.g., agriculture and fishery, banking and finance, digital transition, environment and energy, sport and transport).</li></ul>As in the previous editions, the approach throughout is eminently practical, with detailed attention to procedure before the Commission, EU courts, and national courts. Because of the contributors’ specialist know-how in handling a wide variety of relevant situations from many different points of view, the book’s authority can hardly be doubted. It is sure to be of great value to practitioners in all EU Member States, as well as to economists, policymakers, and jurists dealing with European law at all levels.
ENGLISH

Competition And State Aid - An Analysis Of The Eu Practice

~~173,58€~~ 156,22€ 10% OFF

 Since its first edition in 2007, this masterful book has established itself as the preeminent resource for practitioners who must interpret, on a case-by-case basis, the relation of State aid to EU inter-state competition. This third edition - updated and integrated by eminent professors, EU law practitioners and lawyers of Greenberg Traurig Santa Maria, a prominent law firm that for years has distinguished itself for handling State aid cases before EU and Member State courts - brilliantly captures the current state of this vexed relationship. Detailing numerous additional case profiles from the years since the first edition, the book combines deep familiarity with the relevant features of EU law and the expertise that the contributors have built in their everyday practice. Among the considerations connected with the ‘State aid phenomenon’ and the cases arising from it, the seventeen expert contributors explore and clarify such issues and topics as the following:<ul><li>the Commission’s increasing policymaker role;</li><li>the importance of focusing on the actual elements that demonstrate the distortion (or the potential distortion) of competition and the existence of real prejudice to trade;</li><li>exceptions, General Block Exemption Regulation and the Temporary Frameworks;</li><li>State aid procedural rules;</li><li>the principles of legitimate expectations, legal certainty, and proportionality as the discriminating elements of recovery orders;</li><li>the relevance of internal tax procedures;</li><li>rights of defence of undertakings involved in State aid proceedings;</li><li>the locus standi of private parties (aid recipients and their competitors) before the EU courts;</li><li>cooperation and conflict between the Commission and national courts on State aid matters;</li><li>State aid and insolvency proceedings;</li><li>National Recovery and Resiliency Plans in the framework of State aid rules;</li><li>differences and interplay between State aid rules and the new Foreign Subsidies Regulation;</li><li>State aid in the United Kingdom following Brexit; and</li><li>State aid rules in specific sectors (e.g., agriculture and fishery, banking and finance, digital transition, environment and energy, sport and transport).</li></ul>As in the previous editions, the approach throughout is eminently practical, with detailed attention to procedure before the Commission, EU courts, and national courts. Because of the contributors’ specialist know-how in handling a wide variety of relevant situations from many different points of view, the book’s authority can hardly be doubted. It is sure to be of great value to practitioners in all EU Member States, as well as to economists, policymakers, and jurists dealing with European law at all levels.
ENGLISH

Judicial Review Of Competition Law Enforcement In The Eu Member States And The Uk

by Annalies Outhuijse, Francisco Marcos e Maciej Bernatt

~~294,15€~~ 264,74€ 10% OFF

 International Competition Law Series#91Enforcement 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:<ul><li> structure of the national enforcement system;</li><li> number of judgments rendered;</li><li> success rate;</li><li> types of appellants;</li><li> competition rules subject to review;</li><li> grounds of review;</li><li> use of preliminary references;</li><li><span style="font: 7pt...
ENGLISH

Judicial Review Of Competition Law Enforcement In The Eu Member States And The Uk

by Annalies Outhuijse, Francisco Marcos e Maciej Bernatt

~~294,15€~~ 264,74€ 10% OFF

 International Competition Law Series#91Enforcement 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:<ul><li> structure of the national enforcement system;</li><li> number of judgments rendered;</li><li> success rate;</li><li> types of appellants;</li><li> competition rules subject to review;</li><li> grounds of review;</li><li> use of preliminary references;</li><li><span style="font: 7pt...
ENGLISH

Directory Of Eu Case Law On State Aids

by Cees Dekker

~~288,85€~~ 259,97€ 10% OFF

 This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book covers the relevant case law of both courts. There is additional material on many subjects, among which the concept of State aid, direct taxation and the State aid provisions, particularly on tax rulings, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids.With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107-109 TFEU, including the following and much more:<ul><li>territorial scope of State aids;</li><li>Article 107(1) European Commission and World Trade Organization Agreements;</li><li>conditions for categorizing a national measure as State aid;</li><li>free movement of goods;</li><li>undertakings;</li><li>private versus public investment;</li><li>justification of selective measures;</li><li>interstate trade and competition;</li><li>tax measures;</li><li>restructuring aids;</li><li>procedural aspects; and</li><li>locus standi of trade associations.</li></ul>In many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries.For accessibility of this case law, this updated edition of the preeminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.
ENGLISH

Directory Of Eu Case Law On State Aids

by Cees Dekker

~~288,85€~~ 259,97€ 10% OFF

 This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book covers the relevant case law of both courts. There is additional material on many subjects, among which the concept of State aid, direct taxation and the State aid provisions, particularly on tax rulings, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids.With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107-109 TFEU, including the following and much more:<ul><li>territorial scope of State aids;</li><li>Article 107(1) European Commission and World Trade Organization Agreements;</li><li>conditions for categorizing a national measure as State aid;</li><li>free movement of goods;</li><li>undertakings;</li><li>private versus public investment;</li><li>justification of selective measures;</li><li>interstate trade and competition;</li><li>tax measures;</li><li>restructuring aids;</li><li>procedural aspects; and</li><li>locus standi of trade associations.</li></ul>In many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries.For accessibility of this case law, this updated edition of the preeminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.
ENGLISH

Directory Of Eu Case Law On State Aids

by Rene Barents

295,48€ + 10% CARD

 This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book covers the relevant case law of both courts. There is a new chapter on legal protection and additional material on the concept of State aid, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids.With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107-109 TFEU, including the following and much more:<ul><li>territorial scope of State aids;</li><li>Article 107(1) EC and WTO Agreements;</li><li>conditions for categorizing a national measure as State aid;</li><li>free movement of goods;</li><li>undertakings;</li><li>private versus public investment;</li><li>justification of selective measures;</li><li>interstate trade and competition;</li><li>tax measures;</li><li>restructuring aids;</li><li>procedural aspects; and</li><li><p style="margin-bottom...
ENGLISH

Directory Of Eu Case Law On State Aids

by Rene Barents

295,48€ + 10% CARD

 This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book covers the relevant case law of both courts. There is a new chapter on legal protection and additional material on the concept of State aid, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids.With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107-109 TFEU, including the following and much more:<ul><li>territorial scope of State aids;</li><li>Article 107(1) EC and WTO Agreements;</li><li>conditions for categorizing a national measure as State aid;</li><li>free movement of goods;</li><li>undertakings;</li><li>private versus public investment;</li><li>justification of selective measures;</li><li>interstate trade and competition;</li><li>tax measures;</li><li>restructuring aids;</li><li>procedural aspects; and</li><li><p style="margin-bottom...
ENGLISH

Merger Control In The Eu And Turkey - A Comparative Guide

by Bahadir Balki, Fevzi Toksoy e Hanna Stakheyeva

145,75€ + 10% CARD

 As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control.The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following:<ul><li>determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control;</li><li>financial thresholds used for allocating jurisdictions;</li><li>extraterritoriality of merger control;</li><li>relationship between the SIEC test and the dominance test;</li><li>determination of the relevant market;</li><li>techniques used for assessment of horizontal and non-horizontal mergers;</li><li>notification requirements;</li><li>procedural duties of competition authorities in relation to remedies;</li><li>third-party rights;</li><li>gun-jumping fines and other sanctions for failure to comply with merger control requirements; and</li><li>peculiarities of assessment of mergers in the Big Data world.</li></ul>Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time.The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.
ENGLISH

Merger Control In The Eu And Turkey - A Comparative Guide

by Bahadir Balki, Fevzi Toksoy e Hanna Stakheyeva

145,75€ + 10% CARD

 As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control.The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following:<ul><li>determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control;</li><li>financial thresholds used for allocating jurisdictions;</li><li>extraterritoriality of merger control;</li><li>relationship between the SIEC test and the dominance test;</li><li>determination of the relevant market;</li><li>techniques used for assessment of horizontal and non-horizontal mergers;</li><li>notification requirements;</li><li>procedural duties of competition authorities in relation to remedies;</li><li>third-party rights;</li><li>gun-jumping fines and other sanctions for failure to comply with merger control requirements; and</li><li>peculiarities of assessment of mergers in the Big Data world.</li></ul>Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time.The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.
ENGLISH

After The Damages Directive - Policy And Practice In The Eu Member States And The United Kingdom

231,88€ + 10% CARD

 International Competition Law Series [ICLS], Volume 89Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists.The contributors - all experts in the use of EU competition law in their respective jurisdictions - cover the provisions of the Directive in detail, including the following:<ul><li>requirement of full compensation;</li><li>rules preventing overcompensation;</li><li>court’s power to estimate damages that cannot be precisely quantified;</li><li>joint and several liability for infringing undertakings;</li><li>coordination between public and private enforcement;</li><li>provisions related to passing-on;</li><li>certain rules on admissibility of evidence;</li><li>rules on limitation periods; and</li><li>consensual dispute resolution.</li></ul>In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.
ENGLISH

After The Damages Directive - Policy And Practice In The Eu Member States And The United Kingdom

231,88€ + 10% CARD

 International Competition Law Series [ICLS], Volume 89Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists.The contributors - all experts in the use of EU competition law in their respective jurisdictions - cover the provisions of the Directive in detail, including the following:<ul><li>requirement of full compensation;</li><li>rules preventing overcompensation;</li><li>court’s power to estimate damages that cannot be precisely quantified;</li><li>joint and several liability for infringing undertakings;</li><li>coordination between public and private enforcement;</li><li>provisions related to passing-on;</li><li>certain rules on admissibility of evidence;</li><li>rules on limitation periods; and</li><li>consensual dispute resolution.</li></ul>In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.
ENGLISH

Blocking Patents In European Competition Law - The Implications Of The Concept Of Abuse

by Angelika S. Murer

148,40€ + 10% CARD

 In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the following and more: <ul> <li>a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights;</li> <li>insights on how patenting strategies affect competition with a particular focus on the application of blocking patents;</li> <li>an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and</li> <li>insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position.</li> </ul> The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.
ENGLISH

Blocking Patents In European Competition Law - The Implications Of The Concept Of Abuse

by Angelika S. Murer

148,40€ + 10% CARD

 In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the following and more: <ul> <li>a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights;</li> <li>insights on how patenting strategies affect competition with a particular focus on the application of blocking patents;</li> <li>an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and</li> <li>insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position.</li> </ul> The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.
ENGLISH

Ec Competition And Telecommunications Law

by Andreas Bartosch e Christian Koenig

349,80€ + 10% CARD

 This new volume updates the groundbreaking analysis of its first edition in 2002, when the EC common regulatory framework for electronic communications networks and services had just entered into force. So much has changed in the intervening years that that this new edition bears little resemblance to its predecessor, with every chapter either extensively altered or entirely new. It remains, however, the most detailed and comprehensive overview available of the application of the EC Treaty’s competition rules in the markets for telecommunications and audiovisual media, and of the applicable regulatory framework.In thirteen chapters, each contributed by one or more noted legal authorities in the field, the second edition of EC Competition and Telecommunications Law covers the full range of EC telecommunications law across all major areas of both institutional and substantive law, both on the international and EC levels, including the following:<ul><li>State aid;</li><li>the merger control regulation;</li><li>justification for sector-specific regulation in EC competition law;</li><li>network access; authorizations and privileges;</li><li>and mobile telephony.</li></ul>Relevant EC media and communications law and relevant aspects of EC competition law are dealt with in detail. While some chapters focus on competition law, others deal primarily with sector-specific regulation. There is practical guidance throughout on procedural matters, alongside analysis of the substantive provisions.Well-known in its first edition, this thoroughly revised and updated version continue to be vital reading for practitioners, in particular those specializing in European competition law and for company and in-house lawyers who are seeking advice on how European law affects their business. As a detailed analysis of the basic legislative and regulatory framework of European telecommunications law, it will be an invaluable reference work for lawyers, judges, regulators, and policymakers in all the EC Member States, as well as for students and teachers of European law.
ENGLISH

Enforcement Of Intellectual Property Rights In Dutch, English And German Civil Procedure

by George Cumming e Mirjam Freudenthal

250,43€ + 10% CARD

 EU Directive 2004/48 EC obliges Member States to seek to achieve ‘partial harmonization’ of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level.The three authors’ vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States.The particular investigation undertaken here reveals three paradigmatic situations:<ul><li>the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England);</li><li>the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and</li><li>the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany).</li></ul>If there really is, as the European Commission contends, an ‘enforcement deficit’ in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law.The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.
ENGLISH

Economic Efficiency - Non-Efficiency Considerations Under Article 101 Tfeu

by Ben Van Rompuy

235,85€ + 10% CARD

 Over the past decade, we have witnessed an apparent convergence of views among competition agency officials in the European Union and the United States on the appropriate goals of competition law enforcement. Antitrust policy, it is now suggested, should focus on enhancing economic efficiency, which we are to believe will promote consumer welfare. Recent EU Commission Guidelines on the application of Article 101 TFEU appear to banish considerations that cannot be construed as having an economic efficiency value - such as the environment, cultural policy, employment, public health, and consumer protection - from the application of Article 101 TFEU. Arguing that the professed adoption of an exclusive efficiency approach to Article 101 TFEU does not preclude, but rather obfuscates the role of non-efficiency considerations, the author of this timely contribution accomplishes the following objectives: traces the genesis of the shift to an efficiency orientation in EU and US antitrust policy and dispels several ingrained misconceptions that underpin it; demonstrates the close interrelationship between evolving images of the purpose of antitrust, the development of related enforcement norms, and enforcement output; provides in-depth analyses of a number of analytically rich cases in the audiovisual sector (and particularly those related to sports rights); and explores what the role of non-efficiency considerations in the application of Article 101 TFEU could and should be under the modernized enforcement regime.
ENGLISH

Institutional Assessment Of Antitrust Policy - The Latin American Experience

by Ignacio De Leon

280,90€ + 10% CARD

 Antitrust policy nominally plays an instrumental public interest role. The generally accepted notion is that it is a government instrument designed to intervene in relatively unregulated markets in order to prevent corporate abuses of monopoly power. This book explores the institutional forces behind the mistrust of government authorities in the capacity of markets and entrepreneurs to deliver social welfare.
ENGLISH

Competition Law And Regulation Of The Eu Electronic Communications Sector - A Comparative Legal Approach

by Liyang Hou

235,85€ + 10% CARD

 Since the Electronic Communications Regulatory Framework of 2002 introduced competition law principles and methodologies into the regulatory regime, the so-called Article 7 procedure has (in the opinion of many) become no less than an impenetrable labyrinth. National regulatory authorities are obliged to analyse markets to identify undertakings which enjoy èˆ-significant market powerèˆ— èˆ’ a regime which has fostered troublesome and unresolved divergence between regulators and competition authorities and left both practitioners and academics in a particularly undefined sphere of interpretation and action.
ENGLISH

Eu Cartel Enforcement - Reconciling Effective Public Enforcement With Fundamental Rights

by Andreas Scordamaglia-Tousis

245,13€ + 10% CARD

 There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions.
ENGLISH

Eu Competition Law, Data Protection And Online Platforms: Data As Essential Facility - Data As Essential Facility

by Inge Graef

212,00€ + 10% CARD

 All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first to focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access to data on online platforms such as search engines, social networks, and e-commerce platforms - commonly referred to as the ''gatekeepers'' of the Internet.The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ''refusal to deal'' and lead to competition law liability under the so-called ''essential facilities doctrine'', according to which firms need to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following:<ul><li>- data portability;</li><li>- interoperability;</li><li>- data as a competitive advantage or entry barrier in digital markets;</li><li>- market definition and dominance with respect to data;</li><li>- disruptive versus sustaining innovation;</li><li>- role of intellectual property regimes;</li><li>- economic trade-off in essential facilities cases;</li><li>- relationship of competition enforcement with data protection law and</li><li>- data-related competition concerns in merger cases.</li></ul>The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy.An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
ENGLISH

Directory Of Eu Case Law On Competition,

by Rene Barents

336,55€ + 10% CARD

 This well-known book, prized since 2007 by practitioners in EU competition law for its easy-tofind extracts sorted by subject, is now in its second and hugely expanded edition, covering all decisions of the Court of Justice and the General Court of the European Union on competition law through the end of 2016. This new edition comprising of forty-seven chapters follows the same easy-to-use format as the earlier volume and covers all the case law on the substantive and procedural aspects of the EU treaty rules and legislation on antitrust and mergers.To improve the accessibility of the case law, this book is structured as follows:<ul><li>- Hundreds of headings and subheadings present virtually every point from which a researcher is likely to start.</li> <li>- Each subject heading starts with extracts having a more general meaning followed by extracts relating to specific points or situations.</li><li>- Extracts are accompanied by cross references where appropriate.</li><li>- Extracts are drawn from all EC competition case law encompassing every judgment and order in the ‘Reports of Cases before the Court of Justice and the General Court’ (‘Summary of the Judgment’) until 2017.</li></ul>Although it is primarily of value to barristers, solicitors, in-house lawyers of companies and associations of companies, officials of national competition authorities, and other active practitioners in EU competition law, the book will also be welcomed by scholars and others who need to obtain in a minimum of time an overview of what the European courts have actually stated about a specific point (including detailed references) in the field.
ENGLISH

Eu Leniency Policy - Reconciling Effectiveness And Fairness

by Baskaran Balasingham

168,28€ + 10% CARD

 The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following:<ul><li>- the theoretical model of the EU fining policy; <li>- the compatibility of the EU enforcement system with fundamental rights protection;<li>- the gathering and evaluation of evidence at the preliminary investigation stage;<li>- the severity and foreseeability of the EU cartel fines;<li>- judicial review by the EU Courts in competition matters;<li>- to what extent the current policy is effective and fair; and<li>- reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive.</li><ul>A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.
ENGLISH

Exclusionary Abuse After The Post Danmark I Case - The Role Of The Effects-Based Approach Under Article 102 Tfeu

181,53€ + 10% CARD

 Article 102 TFEU constitutes that a firm holding a dominant position in its market is not allowed to abuse this dominant market power through unilateral conduct. Although this provision is clearly of great importance in curbing the adverse effects of market power, it remains far from clear when dominant firms exclusionary conduct is in breach of this provision. This book presents an in-depth analysis of the limited case law, soft law, and theory in the field of law and economics on the matter, confronting the complex issues raised by the effects-based approach used to determine whether competition law has been breached, and clarifying how this approach can best be applied in future cases.Among the issues and topics covered are the following:<ul><li>- relevant case law, notably Post Danmark I, Tomra, and Intel;</li><li>- analyses and discussions of when and how to apply the effect-based approach, including by object restrictions;</li><li>- economic theories in the context of Article 102 TFEU; and</li><li>- predation versus exclusion.</li></ul>While the book is grounded in the legal framework it also applies a law and economics based approach with the aim of supporting the legal arguments and conclusions, and thereby providing more robust arguments for the reached conclusions.As the first study to offer a much-needed clarification of the assessment relating to exclusionary conduct within Article 102 TFEU after the Post Danmark I case, this book provides suggestions on how to structure the approach, thus creating greater legal certainty for dominant firms (and their competitors) and providing a sound basis for both practice and research in this area. It is sure to be read and studied widely by practitioners and academics concerned with the application of Article 102 TFEU.
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