Market Definition In Eu Competition Law
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Market Definition In Eu Competition Law
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Author : Miguel Sousa Ferro
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Market Definition In Eu Competition Law written by Miguel Sousa Ferro 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 2019 with Antitrust law categories.
The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law.
Competition Law Of The European Union
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Author : Van Bael & Bellis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-03-01
Competition Law Of The European Union written by Van Bael & Bellis 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 2021-03-01 with Law categories.
This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Innovation Markets And Competition Analysis
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Author : Marcus Glader
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
Innovation Markets And Competition Analysis written by Marcus Glader 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 2006-01-01 with Law categories.
The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.
Competition Law S Innovation Factor
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Author : Viktoria H S E Robertson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06
Competition Law S Innovation Factor written by Viktoria H S E Robertson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.
In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.
Economic Analysis In Eu Competition Policy
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Author : Parcu, Pier L.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-10
Economic Analysis In Eu Competition Policy written by Parcu, Pier L. 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 2021-12-10 with Law categories.
This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.
Competition Law S Innovation Factor
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Author : Viktoria Robertson
language : en
Publisher:
Release Date : 2020
Competition Law S Innovation Factor written by Viktoria Robertson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Antitrust law categories.
"In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets that the concept of the relevant market was modelled on. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering innovative product markets, product differentiation, future markets, issues going beyond market definition proper - such as innovation markets, potential competition and innovation competition -, intellectual property rights, innovative aftermarkets and multi-sided platforms. It finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power"--
Comparative Competition Law And Economics
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Author : Roger J. Van den Bergh
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-09-29
Comparative Competition Law And Economics written by Roger J. Van den Bergh 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 2017-09-29 with Antitrust law categories.
Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches.
The Role Of Economic Analysis In Eu Competition Law The European School Fourth Edition
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Author : Doris Hildebrand
language : en
Publisher: International Competition Law
Release Date : 2016
The Role Of Economic Analysis In Eu Competition Law The European School Fourth Edition written by Doris Hildebrand and has been published by International Competition Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
International Competition Law Series Volume 66 The Role of Economic Analysis in EU Competition Law, Fourth Edtionand in its revised and updated fourth edition, explores the full spectrum of the development of European economic approach in competition law. Almost two decades after the arrival of the and‘more economics based approachand’ to EU competition law, this economic school of thought, the European School, has been properly defined and is now in general used among competition law practitioners and their government counterparts. This approach, studied by Doris Hildebrand since the first edition of this now-classic work, implements the European cornerstones of the social market economy concept such as freedom of contract, social fairness, and the equality principle. In this edition, the author uncovers its multiple rationales as it has gradually formulated the legal principles of and‘competition economicsand’ that have come to underlie all matters related to Article 101 (1), Article 101 (3), Article 102, the Merger Regulation, and the State Aid provisions. As in previous editions, the bookand’s interdisciplinary approach integrates law and economics in such a way that economics in competition proceedings becomes easier to understand for lawyers not trained in economic theory or economic school of thoughts. It offers an in-depth description of and‘European Schooland’ theories and applications, particularly with respect to vertical and horizontal agreements. In addition, the book provides solid guidance on the definition of the relevant antitrust markets, with a detailed description of the hypothetical monopolist test. Whatand’s in this book: Among the fundamental elements discussed are the following: application of economics in the competition test as developed by the EU Courts; concrete economic analysis companies need to perform in order to qualify for an exemption; test procedures to assess whether a certain behaviour constitutes an abuse under Article 82; various methodologies to define markets; contrasting the European and Chicago schools; practical implementation of the EU social market economy objective in EU competition law; workable competition vs. effective competition; changes in the enforcement system; use of evidence in market definition practice; State Aid provisions; and empirical techniques used to evaluate a merger. All significant cases contributory to the development of European competition economics are discussed and analysed in detail. and‘The Frameand’, the first chapter that has been included in this edition, clearly demonstrates all the ways in which EU competition policy represents an essential foundation of the EU. Moreover and‘The Frameand’ elaborates that the social market economy objective as defined in the Lisbon Treaty is, from the economic perspective, the appropriate benchmark in any EU competition law assessment. This benchmark requires a holistic approach by taking into account and‘utilitiesand’ of EU citizens instead of focusing on price elements only. How will this help you: This new updated and revised edition has been greatly anticipated and will be widely welcomed. The book helps to develop expertise in applying the and‘more economics based approachand’ by citing the relevant case law. Competition lawyers, corporate in-house counsel, competition authorities, and courts will appreciate the bookand’s clear, understandable discussion of the relevant European competition theory, authoritative guidance on the application of economic analysis, and practical insight in dealing with these subjects in real-world cases. and
Eu Competition Law
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Author : Ariel Ezrachi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-06-27
Eu Competition Law written by Ariel Ezrachi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-27 with Law categories.
'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP This unique book is designed as a working tool for the study and practice of European competition law, focused on case law analysis. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by useful analysis and commentary. The 8th edition includes recent judgments from the European Court of Justice and decisions from the European Commission on the scope of object and effects-based analysis, abuse of dominance, and merger control. It examines developments in regulation and the interface between new instruments, such as the DMA and DSA and competition law enforcement.
The Interface Between Competition And The Internal Market
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Author : Vasiliki Brisimi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Interface Between Competition And The Internal Market written by Vasiliki Brisimi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.