Le Nouveau R Glement D Application Du Droit Communautaire De La Concurrence
DOWNLOAD
Download Le Nouveau R Glement D Application Du Droit Communautaire De La Concurrence PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Le Nouveau R Glement D Application Du Droit Communautaire De La Concurrence book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Le Nouveau R Glement D Application Du Droit Communautaire De La Concurrence
DOWNLOAD
Author : Cyril Nourissat
language : fr
Publisher: Dalloz-Sirey
Release Date : 2004
Le Nouveau R Glement D Application Du Droit Communautaire De La Concurrence written by Cyril Nourissat and has been published by Dalloz-Sirey this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Antitrust law categories.
L'entrée en vigueur le 1er mai 2004 du nouveau règlement d'application du droit communautaire de la concurrence (règlement (CE) n°1/2003 du 16 décembre 2002) marque une rupture fondamentale dans la mise en œuvre du droit communautaire des ententes et des abus de position dominante. Désormais, le juriste français, qu'il soit juge, avocat ou juriste d'entreprise, sera directement aux prise avec cette branche du droit encore trop souvent méconnue, si ce n'est ignorée par lui. En relevant, dorénavant, au premier chef des autorités de concurrence et des juridictions nationales, le droit communautaire des pratiques anticoncurrentielles se présente comme une dimension importante de la pratique du droit des affaires dont la maîtrise devient indispensable. C'est là, la conséquence la plus directe de la " décentralisation " ou de la " déconcentration " du contrôle des ententes et abus de position dominante de niveau communautaire voulue par la Commission européenne. Une telle " révolution copernicienne " rendait nécessaire de s'interroger sur divers aspects de la pratique du droit communautaire de la concurrence nouveau que, à court ou moyen terme, le juriste français va rencontrer dans le quotidien de sa pratique. L'ambition de cet ouvrage - tiré d'un colloque organisé à Lyon en mars 2004 par le Centre d'études européennes (CEE) de la Faculté de droit de l'Université Jean-Moulin (Lyon 3) avec le soutien de la Direction générale Concurrence de la Commission européenne - est alors de permettre de mieux identifier et comprendre les changements qui vont affecter la matière. Du renouveau des rapports entre le droit national et le droit communautaire de la concurrence aux droits de la défense des entreprises poursuivies ou plaignantes en passant par la nullité des contrats conclu en violation de ce droit communautaire de la concurrence ou la place de l'arbitre dans un dispositif rénové, les thèmes abordés s'attachent toujours à une analyse pragmatique des changements induits par la réforme.
Ec Private Antitrust Enforcement
DOWNLOAD
Author : Assimakis Komninos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-02-22
Ec Private Antitrust Enforcement written by Assimakis Komninos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-22 with Law categories.
This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
Eu Cartel Enforcement
DOWNLOAD
Author : Andreas Scordamaglia-Tousis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-08-01
Eu Cartel Enforcement written by Andreas Scordamaglia-Tousis 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 2013-08-01 with Law categories.
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. Proceeding from an in-depth analysis of the pertinent rights and legal nature of competition proceedings under EU and ECHR law, the author goes on to examine such elements of the perceived incompatibility as the following: investigatory powers vested in competition authorities; the privilege against self-incrimination; right to privacy; “fair trial” probatory requirements; degree of use of presumptions in EU practice; Article 6 ECHR guarantees pertaining to the presumption of innocence; proving coordination of competitive behaviour; proving restriction of competition; admissibility of evidence before EU Courts and the Commission; assessment of the attribution of liability rules; EU fining rules; judicial review of cartel decisions by EU Courts; and national sanctioning rules. The author’s extraordinarily thorough presentation is rounded off with a remarkably comprehensive bibliography that lists (in addition to books and articles) newspaper articles, EU regulations and directives, soft-law guidelines and “best practices”, EU and ECtHR case law, EU Advocate General opinions, European Commission decisions, and European Ombudsman decisions. General conclusions stress the necessity of introducing further reforms to enhance the effectiveness and legitimacy of fundamental rights in the context of competition proceedings. Few books have taken such a thorough and far-reaching approach to the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the principles of legality, non-retroactivity, presumption of innocence, and ne bis in idem. In the depth of its appraisal of the entire spectrum of enforcement components from a fundamental rights perspective, the book is without peers. It will be warmly welcomed by any parties interested in the intersection of competition law and human rights.
Regulation 1 2003 And Eu Antitrust Enforcement
DOWNLOAD
Author : Luca Prete
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-11-22
Regulation 1 2003 And Eu Antitrust Enforcement written by Luca Prete 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 2022-11-22 with Law categories.
For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.
The Interplay Between European And National Competition Law After Regulation 1 2003
DOWNLOAD
Author : Lúcio Tomé Feteira
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-08
The Interplay Between European And National Competition Law After Regulation 1 2003 written by Lúcio Tomé Feteira 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 2015-12-08 with Law categories.
If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the exception to the convergence rule in Article 3(2) of Regulation 1/2003, and the consequent effect on both legal practice and policy issues. In this lucidly argued book, focusing on national competition provisions in Germany, France, Italy, and the United Kingdom that deal with such conduct, the author provides a detailed examination of how such considerations as the following are affected by Regulation 1/2003: - prohibition of abuse of economic dependence or superior bargaining power; - the particular susceptibility of long-term contracts; - prohibition of resale at a loss or below cost; - prohibition of boycott, unlawful pressures, threats, and other coercive tactics adopted by undertakings; and - the role of unfair competition law. The analysis follows a functional method of comparative legal analysis, reviewing the most relevant norms in the selected jurisdictions, particularly in what concerns their goals and function in the context of their respective legal systems. Special attention is paid to two specific sectors – the motor-vehicle and the retailing industries – which have most often triggered relevant legislation and case law in the jurisdictions covered. Legal scholarship in the field is also drawn upon. In its clarification of the meaning of Regulation 1/2003, this book allows practitioners to fully grasp its scope. The author's thorough, masterful analysis of the statutory framework of Article 3 of the regulation also reveals the variety of reasons why different Member States have different competition policies on the scope of the exception to the rule of convergence, and in this way provides lawyers, policymakers, and academics with welcome insights on how major EU jurisdictions apply European competition law.
The Modernisation Of Eu Competition Law Enforcement In The European Union
DOWNLOAD
Author : Dermot Cahill
language : en
Publisher: Cambridge University Press
Release Date : 2004-06-17
The Modernisation Of Eu Competition Law Enforcement In The European Union written by Dermot Cahill 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 2004-06-17 with Business & Economics categories.
An international survey covering the domestic anti-trust laws of 25 EU member states.
The Reform Of Ec Competition Law
DOWNLOAD
Author : Ioannis Kokkoris
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
The Reform Of Ec Competition Law written by Ioannis Kokkoris 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 2010-01-01 with Law categories.
This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
Annuaire Europ En European Year Book
DOWNLOAD
Author : Council of Europe Staff
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-01
Annuaire Europ En European Year Book written by Council of Europe Staff and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Law categories.
The Treaty of Rome makes no mention of the Mediterranean basin as such, inc1udes not a single provision for the defining of specific relations with that region as a whole. There are only, as a hang-over from the French and Italian colonialist past, certain Dec1arations, in the Appendices, regard ing a possible association of Tunis, Morocco, Libya with the new under taking. And, of course, there is Artic1e 113 prescribing, at the end of the Community's transition period, the common trade policy - plus the Artic1e (238) giving blanket authorisation for association agreements. These legal prescriptions were duly implemented in the Association Agreements with Greece (1961) and Turkey (1963) and have supplied the basis for bilateral instruments in respect of other Mediterranean lands - ad hoc, pragmatic ar rangements. In the circumstances the Community could scarcely have proceeded otherwise. Yet the outlines of a European economic policy with regard to the countries of the Mediterranean basin were there from the beginning -limited, however, over the years by the internal development of the Community itself. One is reminded in this connection of sundry invoca tions by European and Mediterranean personalities and members of the European Commission - and, specifically, of a Memorandum presented by Italy to the Council of Ministers in 1964.
European Competition Law
DOWNLOAD
Author : Lorenzo Federico Pace
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
European Competition Law written by Lorenzo Federico Pace 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 2011-01-01 with Law categories.
This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission'sinvestigations, for example, the opened procedure against Google. Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (including France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.
Annuaire Europ En
DOWNLOAD
Author : Council of Europe/Conseil de L'Europe
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1974-12
Annuaire Europ En written by Council of Europe/Conseil de L'Europe and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974-12 with Political Science categories.
The "European Yearbook promotes the scientific study of nineteen European supranational organisations and the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. Each volume contains a comprehensive bibliography covering the year's relevant publications.