On The Notion Of Restriction Of Competition
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The Notion Of Restriction Of Competition
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Author : Damien Gerard
language : en
Publisher: Bruylant
Release Date : 2017-03-16
The Notion Of Restriction Of Competition written by Damien Gerard and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-16 with Law categories.
The transformations induced by the process of “modernisation”, including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.
The Shaping Of Eu Competition Law
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Author : Pablo Ibáñez Colomo
language : en
Publisher: Cambridge University Press
Release Date : 2018-07-12
The Shaping Of Eu Competition Law written by Pablo Ibáñez Colomo 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 2018-07-12 with Law categories.
Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.
An Introduction To Eu Competition Law
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Author : Moritz Lorenz
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-25
An Introduction To Eu Competition Law written by Moritz Lorenz 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 2013-04-25 with Law categories.
Succinct and concise, covering all key substantive and procedural aspects of the subject, this textbook is required reading for students of EU competition law. The author's clarity of expression and wealth of worked examples, makes this sometimes complex subject accessible. This refreshing uncluttered approach guarantees the students' understanding and engagement.
On The Notion Of Restriction Of Competition
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Author : Pablo Ibáñez Colomo
language : en
Publisher:
Release Date : 2016
On The Notion Of Restriction Of Competition written by Pablo Ibáñez Colomo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
This piece presents systematically the contributions that the EU courts have made to the understanding of the notion of restriction of competition over the years. It examines, first, the issues around which there is consensus among commentators. It is undisputed, for instance, that a restriction cannot be established without considering the economic and legal context of which a practice is part. This assessment comprises the evaluation of the counterfactual. Secondly, the paper focuses on the issues that remain controversial. In this regard, it appears that the case law is more consistent and sophisticated than commonly conceded. In particular, the EU courts have followed a clear line when examining whether a practice is restrictive by object. Similarly, the relevant case law sheds sufficient light about the elements that are relevant in the context of an analysis of effects.
Restrictions Of Eu Competition Law In The Digital Age
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Author : Bernadette Zelger
language : en
Publisher: Springer Nature
Release Date : 2023-06-28
Restrictions Of Eu Competition Law In The Digital Age written by Bernadette Zelger and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-28 with Law categories.
This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.
The Consistent Application Of Eu Competition Law
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Author : Adriana Almășan
language : en
Publisher: Springer
Release Date : 2017-01-04
The Consistent Application Of Eu Competition Law written by Adriana Almășan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-04 with Law categories.
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
Regulation Innovation And Competition In Pharmaceutical Markets
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Author : Margherita Colangelo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-04-20
Regulation Innovation And Competition In Pharmaceutical Markets written by Margherita Colangelo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-20 with Law categories.
This book explores the fundamental and inextricable relationship between regulation, intellectual property, competition law, and public health in pharmaceutical markets, examining their interconnections and the delicate balance between the various interests and policy goals at stake. Although pharmaceutical markets are heavily regulated and subject to close antitrust scrutiny, there is a constant requirement for existing rules and policies to tackle a number of persistent, complex issues. The variety of anti-competitive practices occurring in this sector, the worrying rise in drug prices, and major, far-reaching concerns over the accessibility of medicines are sources of frequent controversy in academic and policy debates. Understanding the unique features and dynamics of the pharmaceutical industry requires a tailored and multifaceted approach. The study is enhanced by the adoption of a comparative perspective, tracing convergence and divergence between EU and US systems through the analysis of relevant applicable rules, significant cases, and policy choices. Pursuant to this rigorous approach, the book provides an original and thought-provoking critique of the challenges of regulating pharmaceutical markets.
International Antitrust Law Policy Fordham Competition Law 2013
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Author : Barry E. Hawk
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-03-01
International Antitrust Law Policy Fordham Competition Law 2013 written by Barry E. Hawk and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-01 with Antitrust law categories.
This volume contains articles and panel discussions delivered during the Fortieth Annual Fordham Competition Law Institute Conference on International Antitrust Law & Policy. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publication, where necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy.
Jones And Sufrin S Eu Competition Law
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Author : Alison Jones
language : en
Publisher:
Release Date : 2019
Jones And Sufrin S Eu Competition Law written by Alison Jones and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team.
The Notion Of Restriction Of Competition
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Author :
language : en
Publisher:
Release Date : 2016
The Notion Of Restriction Of Competition written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.