Procedural Rights In Competition Law In The Eu And China
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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.
Competition Law In China And The Eu
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Author : Xingyu Yan
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-16
Competition Law In China And The Eu written by Xingyu Yan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-16 with Law categories.
This book presents a comprehensive review of the Chinese and European responses to the abuse of market dominance, with a focus on the impact of antitrust institutional dynamics on enforcement decisions. It uses the methods of functional comparison and case analysis to investigate how theories of harm relating to specific types of abuse differ within and across competition law regimes due to institutional dynamics. The Chinese and EU competition law regimes serve as excellent examples for this investigation because they have similar substantive laws on paper but vastly different institutional settings. The book examines—first individually and then comparatively—how the distinct institutional dynamics in the Chinese and EU regimes shape the development of theories of harm. This volume will appeal to competition law scholars, students, and practitioners seeking a more nuanced understanding of how competition law works in the EU and China. It will also interest scholars trying to approach the Chinese legal system from an engaging rather than alienating standpoint.
Legal Professional Privilege In Eu Competition Investigations
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Author : Etsuko Kameoka
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
Legal Professional Privilege In Eu Competition Investigations written by Etsuko Kameoka 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 2023-07-01 with Law categories.
Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its current interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.
The Future Of International Competition Law Enforcement
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Author : Valerie Demedts
language : en
Publisher: BRILL
Release Date : 2018-10-16
The Future Of International Competition Law Enforcement written by Valerie Demedts and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-16 with Law categories.
While forces of globalization have created a genuine global marketplace, global rules safeguarding the competitive process in this marketplace have not emerged. International cooperation among national regulators and enforcers is therefore needed to create a competitive global business-environment. The Future of International Competition Law Enforcement, using the variety of legal instruments available to the EU as a point of departure, undertakes an original assessment of the EU's cooperation agreements in the field of competition law The work’s focus is on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement; further attention is given to competition provisions in free trade agreements as well as the main multilateral initiatives in this field, in order to determine their relative value.
Harmonisation Of Eu Competition Law Enforcement
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Author : Jurgita Malinauskaite
language : en
Publisher: Springer Nature
Release Date : 2019-11-15
Harmonisation Of Eu Competition Law Enforcement written by Jurgita Malinauskaite and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with Law categories.
This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.
Parental Liability In Eu Competition Law
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Author : Peter Whelan
language : en
Publisher: Oxford University Press
Release Date : 2023
Parental Liability In Eu Competition Law written by Peter Whelan 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 2023 with Law categories.
Parental Liability in EU Competition Law assesses the shortcomings of the EU doctrine of parental antitrust liability and proposes a new framework for imposing liability that is theoretically robust, effective in practice, fair in substance, and legally sound.
China And Eu
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Author : Jing Men
language : en
Publisher: Routledge
Release Date : 2017-05-12
China And Eu written by Jing Men and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-12 with Social Science categories.
Reform and governance are of vital interest to both the People’s Republic of China and the European Union (EU). China is facing demographic and environmental challenges and has been experiencing a rapid economic transition. The social tensions arising from these challenges call for a governance system that will allow the Chinese leadership to alleviate social tensions without putting at risk their leadership. A society which is becoming more diverse and facing problems of a global scale that also cause turmoil at the grass roots may be difficult to govern top-down. Notwithstanding the Communist Party of China’s (CPC) grip on Chinese society, there may be ways to integrate public opinion and civil society organisations in governmental decision-making through reforms that do not challenge the current leadership. The EU, on the other hand, faces the same global challenges with a very different and complex governance system. EU foreign and security policy, thus including EU policy towards China, are governed by the EU’s foreign policy principles, which contain, among others, the promotion of democracy, the rule of law and the universality and indivisibility of human rights and fundamental freedoms. How successful can the EU be in advancing these principles when engaging with China, while respecting the Chinese political system? How can the EU and China find common grounds in their governance systems so as to enhance their strategic partnership in order to tackle global issues that need a coordinated approach?
Research Handbook On Methods And Models Of Competition Law
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Author : Deborah Healey
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Research Handbook On Methods And Models Of Competition Law written by Deborah Healey 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 2020-11-27 with Law categories.
This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development. A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law.
Eu Constitutional Law
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Author : Koen Lenaerts
language : en
Publisher: Oxford University Press
Release Date : 2021-12-17
Eu Constitutional Law written by Koen Lenaerts 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 2021-12-17 with Law categories.
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Fighting Cross Border Cartels
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Author : Pierre Horna
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-03-19
Fighting Cross Border Cartels written by Pierre Horna and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-19 with Law categories.
This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.