Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings
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Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings
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Author : Pierre Kobel
language : en
Publisher: Springer Nature
Release Date : 2021-03-29
Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings written by Pierre Kobel and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Law categories.
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.
Competition Law
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Author : Eugène Buttigieg
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Competition Law written by Eugène Buttigieg and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of 'consumer welfare' with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field - comparing and contrasting two major systems of competition law - but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.
Identifying Exclusionary Abuses By Dominant Undertakings Under Eu Competition Law
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Author : Eirik Østerud
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-11-15
Identifying Exclusionary Abuses By Dominant Undertakings Under Eu Competition Law written by Eirik Østerud and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-15 with Law categories.
Under Article 102 TFEU, dominant firms are allowed to compete, but only to the extent their market behaviour does not constitute an abuse. Needless to say, the wording of the article neither explains what an abusive restriction of competition is nor how such a practice can be identified. Rather than developing a one-size-fits-all test applicable to all forms of market behaviour by dominant firms, the European Court of Justice (ECJ) and the General Court (ex; Court of First Instance) have set out a system of tests for separate categories of conduct. Drawing on the full range of the EU Courts’ relevant case law, this very useful book analyses the conditions that must be fulfilled for a broad range of business practices to be deemed abusive within the meaning of Article 102 TFEU, and also identifies the criteria that must be fulfilled for a practice to be ‘objectively justified’. The potentially abusive practices studied here (as defined in the relevant case law) include the following: predatory pricing; margin squeezing; exclusivity agreements; loyalty rebates; refusals to supply to induce exclusivity; secondary line price discrimination; vexatious litigation; acquisitions of intellectual property rights (IPRs); refusals to supply necessary inputs; provision of storage equipment on the condition of exclusive use; selective above-cost price cuts; tying; technological integration; and refusal to license IPRs. The author also contrasts the Commission’s decisional practice with the case law, assesses approaches under U.S. antitrust law to similar forms of conduct, and incorporates insights from economic theory. This study greatly enhances our understanding of the distinction between abusive conduct and lawful competition. In the course of its clarification of the EU Courts’ responses to individual forms of market behaviour, an overall approach to the identification of exclusionary abuses under Article 102 TFEU begins to come into view. Apart from the important new synthesis the work offers legal scholars, there can be little doubt this book will prove a valuable asset and even an inspiration to competition lawyers.
European Patent Law
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Author : Duncan Matthews
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-10-04
European Patent Law written by Duncan Matthews and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-04 with Law categories.
Separation Of Powers And Antitrust
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Author : Vincent Martenet
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-30
Separation Of Powers And Antitrust written by Vincent Martenet and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-30 with Law categories.
In these challenging, digital times, separation of powers and antitrust both occupy centre stage, but their interactions have yet to be analysed. This timely and innovative book explores their potential convergence, notably examining the concentration of politico-economic power in the hands of a few digital platforms.
New Metropolitan Perspectives
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Author : Francesco Calabrò
language : en
Publisher: Springer Nature
Release Date : 2022-08-24
New Metropolitan Perspectives written by Francesco Calabrò and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-24 with Technology & Engineering categories.
The book aims to face the challenge of post-COVID-19 dynamics toward green and digital transition, between metropolitan and return to villages’ perspectives. It presents a multi-disciplinary scientific debate on the new frontiers of strategic and spatial planning, economic programs and decision support tools, within the urban–rural areas networks and the metropolitan cities. The book focuses on six topics: inner and marginalized areas local development to re-balance territorial inequalities; knowledge and innovation ecosystem for urban regeneration and resilience; metropolitan cities and territorial dynamics; rules, governance, economy, society; green buildings, post-carbon city and ecosystem services; infrastructures and spatial information systems; cultural heritage: conservation, enhancement and management. In addition, the book hosts a Special Section: Rhegion United Nations 2020-2030. The book will benefit all researchers, practitioners and policymakers interested in the issues applied to metropolitan cities and marginal areas.
Resale Price Maintenance And Vertical Territorial Restrictions
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Author : Barbora Jedlicková
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-03-25
Resale Price Maintenance And Vertical Territorial Restrictions written by Barbora Jedlicková and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-25 with Law categories.
Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.
Predatory Pricing
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Author : Organisation for Economic Co-operation and Development
language : en
Publisher: Organisation for Economic Co-operation and Development ; [Washington, D.C. : OECD Publications and Information Centre
Release Date : 1989
Predatory Pricing written by Organisation for Economic Co-operation and Development and has been published by Organisation for Economic Co-operation and Development ; [Washington, D.C. : OECD Publications and Information Centre this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
Includes bibliography
Price Discrimination Handbook
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Author :
language : en
Publisher:
Release Date : 2013
Price Discrimination Handbook written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Antitrust law categories.
Excessive Pricing And Competition Law Enforcement
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Author : Yannis Katsoulacos
language : en
Publisher: Springer
Release Date : 2018-09-12
Excessive Pricing And Competition Law Enforcement written by Yannis Katsoulacos and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-12 with Law categories.
This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and a number of EU-member states in recent years. The book begins by discussing the economic arguments for and against the prohibition of excessive or unfair prices by firms with market power. It then presents various country studies, focusing on developed countries (such as the UK and Israel) and on the BRICS countries, to highlight various practical challenges involved in recognizing excessive prices as abusive conduct on the part of dominant firms, including how to define, measure and identify excessive prices. The contributors also discuss other policy options that can be used to fight excessive prices in order to protect consumer welfare.