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

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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.

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Author : Gilad James, PhD
language : ja
Publisher: Gilad James Mystery School
Release Date : 2012

written by Gilad James, PhD and has been published by Gilad James Mystery School this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Travel categories.

マーシャル諸島は太平洋に位置する小さな島国です。29のサンゴ環礁と5つの島で構成され、総面積は70平方マイル強です。規模は小さいものの、マーシャル諸島には豊かな歴史があり、20世紀の世界的な出来事において重要な役割を果たしました。 これらの島々には、2,000年以上前に最初に先住民が住み、後にスペイン、ドイツ、日本によって植民地化されました。第二次世界大戦中、マーシャル諸島では、悪名高いクェゼリンの戦いなど、米国と日本の間でいくつかの主要な戦いが繰り広げられました。戦後、島々は米国の信託統治領となり、1986年にマーシャル諸島共和国として完全な独立を獲得しました。今日、マーシャル諸島は独自の文化と周囲の海との強いつながりを持つ民主主義国家です。

An Eu Competition Court

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Author : Great Britain: Parliament: House of Lords: European Union Committee
language : en
Publisher: The Stationery Office
Release Date : 2007-04-23

An Eu Competition Court written by Great Britain: Parliament: House of Lords: European Union Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-23 with Business & Economics categories.

Large cross-border mergers have to be cleared in advance by the EC Commission. If the Commission prohibits a merger, or a third party objects to the clearance, the decision can be challenged in the Court of First Instance (CFI). However the CFI procedure can take several months, thereby prolonging uncertainty and sometimes causing bids to be abandoned. This is unsatisfactory and the CBI has proposed a new Competition Court as the way forward. This report looks at this proposal and concludes that such a court would not be the best way forward. Instead there is scope for improving current procedures by firmer case management, reducing the work load of the CFI by transferring trade mark cases, and improving the Commission's handling of cases to reduce the number and scope of challenges.

Eu Competition Law Volume Ii Mergers And Acquisitions

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Author : Jones, Christopher
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-14

Eu Competition Law Volume Ii Mergers And Acquisitions written by Jones, Christopher 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 2021-12-14 with Law categories.

This book is a Claeys and Casteels title, now formally part of Edward Elgar Publishing. With extensive updating in the decade since the publication of the second edition, and written by the key Commission and European Court officials in this area, as well as leading practitioners, the third edition of this unique title provides meticulous and exhaustive coverage of EU Merger Law.

Procedural Rights In Competition Law In The Eu And China

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Author : Caroline Cauffman
language : en
Publisher: Springer
Release Date : 2016-03-23

Procedural Rights In Competition Law In The Eu And China written by Caroline Cauffman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.

The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.​

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

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Author : Maciej Bernatt
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-09-17

Judicial Review Of Competition Law Enforcement In The Eu Member States And The Uk written by Maciej Bernatt 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 2024-09-17 with Law categories.

International Competition Law Series#91 Enforcement 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: structure of the national enforcement system; number of judgments rendered; success rate; types of appellants; competition rules subject to review; grounds of review; use of preliminary references; appeals involving leniency and/or settlements; and role of third parties. Numerous graphs, figures, and tables support the presentation. In the light it sheds on trends in judicial review of competition law enforcement on a comparative basis, and in its data-driven assessment of how the decentralised judicial review of EU competition law meets EU integration aims, this important study will be of inestimable value to competition lawyers, policymakers, and academics in developing a confident understanding of precisely how judicial review in this area operates in each of the EU Member States and the UK. In addition, the book provides a significant contribution not only with respect to EU and national competition laws but also, more broadly, to comparative administrative law scholarship in Europe.

Cross Border Eu Competition Law Actions

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Author : Mihail Danov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-06-18

Cross Border Eu Competition Law Actions 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 2013-06-18 with Law categories.

This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).

Competition Law

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Author : Günter Hirsch
language : en
Publisher:
Release Date : 2008

Competition Law written by Günter Hirsch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.

This text covers the area of entertainment and broadcasting with explanation of the law and discussion of its practical application in the media world. It covers areas such as entertainment contracts, broadcasting regulation and disputes.

Independence And Legitimacy In The Institutional System Of The European Union

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Author : Dominique Ritleng
language : en
Publisher: Oxford University Press
Release Date : 2016-02-12

Independence And Legitimacy In The Institutional System Of The European Union written by Dominique Ritleng 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 2016-02-12 with Law categories.

As EU non-majoritarian bodies such as the European Commission, the Court of Justice of the European Union, and the European Central Bank grow in political influence, many have identified the pressing need to keep these bodies accountable to the repositories of the EU's democratic legitimacy. This collection of essays sheds light on the inherent tension between independence and legitimacy in the EU's institutional system and explores the options of reconciling the two. Featuring analysis from both legal and political perspectives, the volume assesses whether, to what extent, and how it is possible to control the various EU independent bodies and make them answerable for what they do, while at the same time upholding their independence.

Evidence Standards In Eu Competition Enforcement

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Author : Andriani Kalintiri
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-02-07

Evidence Standards In Eu Competition Enforcement written by Andriani Kalintiri and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-07 with Law categories.

What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.