Concurrent Proceedings In Competition Law Procedure Evidence And Remedies


Concurrent Proceedings In Competition Law Procedure Evidence And Remedies
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Concurrent Proceedings In Competition Law Procedure Evidence And Remedies


Concurrent Proceedings In Competition Law Procedure Evidence And Remedies
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Author : Renato Nazzini
language : en
Publisher:
Release Date : 2018

Concurrent Proceedings In Competition Law Procedure Evidence And Remedies written by Renato Nazzini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.


The book contains a full and up-to-date account of the implications of concurrent enforcement of EC and UK competition law. It addresses the interaction of criminal, civil, and administrative proceedings in the UK and the EU as regards procedure, evidence, and remedies. The volume contains an in-depth examination of the principles regulating concurrent proceedings and explains in detail the practical solutions following from the construction of EU and UK legislation. Concurrent Proceedings in Competition Law offers a thorough review of the jurisprudence of the Court of Justice and the Court of First Instance and the European Court of Human Rights, as well as analysing the English authorities in the area of procedure and evidence insofar as relevant to the interplay between criminal, civil and administrative proceedings in competition law. The main focus is on stays, binding effect of administrative decisions and judgments, and disclosure and admissibility of evidence in English law and its relationship with Community Law and Human Rights standards. The analysis expands to the practical consequences of case allocation within the European Competition Network, choice of forum within the EU, litigation in the US, and leniency applications in multiple jurisdictions. The impact of Council Regulation 1/2003 and the Commission Notices on cooperation within the Network of Competition Authorities and on cooperation with the courts of EU member states is fully explored. Criminalization of cartels in the UK adds a further dimension to the interplay of concurrent proceedings. Issues of stays, binding effect of administrative decisions and disclosure and admissibility of evidence are also studied when they arise in a dispute that is being decided by an arbitral tribunal.



Patent Remedies And Complex Products


Patent Remedies And Complex Products
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Author : C. Bradford Biddle
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27

Patent Remedies And Complex Products written by C. Bradford Biddle 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 2019-06-27 with Business & Economics categories.


Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.



Private Enforcement Of Competition Law


Private Enforcement Of Competition Law
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Author : Luis A. Velasco San Pedro
language : en
Publisher: Lex Nova
Release Date : 2011-10

Private Enforcement Of Competition Law written by Luis A. Velasco San Pedro and has been published by Lex Nova this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10 with Law categories.


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.



Competition Law


Competition Law
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Author : Richard Whish
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

Competition Law written by Richard Whish and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.


Clear, authoritative, and comprehensive; the definitive resource on competition law for students and practitioners, written by the leading academics in the field. The eighth edition addresses key developments, including the Enterprise and Regulatory Reform Act 2013, with an increased emphasis on intellectual property.



An Introduction To Competition Law


An Introduction To Competition Law
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Author : Piet Jan Slot
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-04-06

An Introduction To Competition Law written by Piet Jan Slot and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.


This book is intended to serve as a first acquaintance with competition law. It aims to reach a broad range of readers: students, teachers in further and higher education, officials and practising lawyers who are not usually faced with competition law issues in their working lives. This second edition has been fully updated in the light of the latest developments, and covers both EU and UK competition law along with an introduction to the EU rules on State Aid. It provides insight into the combined system of EU and UK competition law, providing a broad range of examples for the three main subjects – the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision of concentrations (ie mergers and acquisitions). Those examples are drawn from European and UK practice. These greatly enhance the exposition of the general principles, taking into account recent legislative and judicial developments.



Merger Decisions And The Rules Of Procedure Of The European Community Courts


Merger Decisions And The Rules Of Procedure Of The European Community Courts
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Author : George Cumming
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-11-22

Merger Decisions And The Rules Of Procedure Of The European Community Courts written by George Cumming 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 2011-11-22 with Law categories.


Article 340 TFEU, which provides a method of compensation for victims of the Commission’s errors, is invoked as the basis for actions against Commission decisions under the Merger Control Regulation. Accordingly, the rules of procedure of the Community Courts come into play. This probing analysis asks the important questions: What limits can be imposed on the discretion of the Community Courts acting within their own rules of procedure? Is the manner in which the Court of Justice interprets those rules sufficient? Focusing on the crucial Court responsibilities of investigating facts and assessing economic damage in relation to the type of non-contractual liability apparent in antitrust cases, the author convincingly demonstrates that the scope for ‘case management’ by the Courts is strictly limited, and may engender information or evidentiary deficits that contravene ECHR Art 6.1 as well as the principles of effective judicial protection and rectitude of decision. A claim for compensation pursuant to Art 340 TFEU may be struck merely because the basic elements of the cause of action cannot be established to a minimal level.



The Outer Limits Of European Union Law


The Outer Limits Of European Union Law
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Author : Catherine Barnard
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-05

The Outer Limits Of European Union Law written by Catherine Barnard and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-05 with Law categories.


A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.



The Eu Leniency Policy


The Eu Leniency Policy
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Author : Baskaran Balasingham
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24

The Eu Leniency Policy written by Baskaran Balasingham 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 2016-04-24 with Law categories.


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: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. 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.



Jurisdiction And Judgments In Relation To Eu Competition Law Claims


Jurisdiction And Judgments In Relation To Eu Competition Law Claims
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Author : Mihail Danov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-12-09

Jurisdiction And Judgments In Relation To Eu Competition Law Claims written by Mihail Danov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-09 with Law categories.


This book sets out the way that, through enhanced private antitrust enforcement reform, private international law has a pivotal role in EU competition law disputes with an international element. The author offers a thorough analysis of the post-2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The book also considers how the jurisdiction, recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class actions that have arisen in several countries, as well as judgments in relation to antitrust infringements, are also discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.



Competition Law Of The Eu And Uk


Competition Law Of The Eu And Uk
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Author : Sandra Marco Colino
language : en
Publisher: Oxford University Press
Release Date : 2011-05-12

Competition Law Of The Eu And Uk written by Sandra Marco Colino and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-12 with Law categories.


The competition policy of the European Community is a vital part of Community law. Covering competition law in the UK and the EU, this book introduces the fundamental concepts employed in the application of competition law.