The Future Development Of Competition Framework
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The Future Development Of Competition Framework
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Author : Zongle Huang
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
The Future Development Of Competition Framework written by Zongle Huang 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 2004-01-01 with Law categories.
In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved. The Future Development of Competition Framework presents papers and speeches by well-known competition law practitioners versed in competition law and policy, including representatives of national competition authorities. They came from a variety of countries ? including France, Germany, Canada, Mexico, Indonesia, Malaysia, Russia, Japan, Australia, Taiwan, Korea and the United States ? to attend a 2003 conference sponsored by the Taiwan Fair Trade Commission. The book reproduces texts of the various contributions to the conference, including a roundtable discussion. Among the topics addressed are the following: mergers and acquisitions; political interests; enforcement policies and sanctions; national cultures and traditions; international cartels; regional cooperation; concentration indexes and dominance indexes; patent pools; financial deregulation; confidentiality measures; technical assistance; striking the right balance between competition and regulation; reconciling competition policy and development policies. Although they are especially valuable for their concentration on the Asia Pacific countries, these discussions will be of incalculable value to practitioners and academics everywhere who are involved in any of the interconnected branches of economic law or policy covered here.
A Framework For The Design And Implementation Of Competition Law And Policy
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Author : R. S. Khemani
language : en
Publisher: World Bank Publications
Release Date : 1999
A Framework For The Design And Implementation Of Competition Law And Policy written by R. S. Khemani and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies. To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions. The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.
Building Landmarks Smoothing Out Markets
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Author : Arabela Aprahamian
language : en
Publisher: World Bank Publications
Release Date : 2015-12-01
Building Landmarks Smoothing Out Markets written by Arabela Aprahamian and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-01 with Business & Economics categories.
Romania identified competition as key to its effective economic development and is positioning the Competition Council to become more visible and effective. Improving Romania’s competitive environment will attract new firms, weed out inefficient ones, and enhance growth potential. An effective competition policy leads to success in the areas of Romania's domestic market efficiency, economic growth and European market integration. Following a comprehensive functional review of the Romanian Competition Council carried out by the World Bank in 2010, weaknesses, needs and priorities were identified. This book presents the results of the World Bank’s Advisory Services which were designed to provide solutions in the identified reform areas during 2012-2015. The Advisory Services provided an innovative delivery model that involved integrated expertise to (i) review the legal and regulatory framework for competition; (ii) offer advocacy support to streamline competition policy principles with other governmental policies and strengthen intergovernmental relations, especially with sectoral regulators (electricity and telecommunication) and the prosecutor's office; (iii) state-of-the-art capacity building to strengthen the Council’s staff’s technical knowledge; and (iv) optimize internal procedures to allow for improvements in institutional functioning using Enterprise Architecture methodology, which provided an in-depth institutional assessment and the development of a target business and information technology architecture. The Competition Council has started to apply some of the upgraded regulatory instruments. These, combined with the analytical skills in antitrust law and economics acquired with the World Bank support, have been already applied in recent antitrust cases, market inquiries meant to identify competition constraints in sectors that have great importance for consumers and infrastructure projects with state aid elements.
Towards A New Global Framework For High Technology Competition
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Author : Horst Siebert
language : en
Publisher: University of Michigan Press
Release Date : 1997
Towards A New Global Framework For High Technology Competition written by Horst Siebert and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Competition, International categories.
Towards a New Global Framework for High- Technology Competition addresses the growing importance of high technology for production and trade. Noting the ways that technology has already influenced the international trade order, experts on commercial policy and the high-technology sector herein debate the measures by which the strains on the international trading system can be reduced, and offer their specific recommendations for changes in such policy areas as research and development subsidies, dispute settlement, competition rules, antitrust and antidumping policies as well as public procurement, national defense, and restrictive business practices. This book will interest students and scholars of international economics and attract an audience of international organizations and universities.
The Modernisation Of Ec Antitrust Law
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Author : Rein Wesseling
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-10-19
The Modernisation Of Ec Antitrust Law written by Rein Wesseling and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10-19 with Law categories.
In recent years European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light ineffectiveness of the present system. Consequently the European Commission has responded by issuing the “White Paper on Modernisation”,which sets out its vision on the future of EC competition law. This new book takes a step back, and tries to understand the current challenges to EC competition policy by examining the origins of the Community's competition law system. In the first part of the book the author sketches the development of Community competition law enforcement between the European Economic Community, established in 1958, and the European Union of today. Taking this dynamic perspective on EC competition law, the second part of the book addresses topical problems of EC competition policy; the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and Member States, and decentralised enforcement of Community law. Notably, the author's conclusions diverge considerably from the analysis found in the Commission White Paper on Modernisation. The author proposes various alternative solutions to the existing problems which, arguably, fit better within the overall constitutional development of the Community than the solutions offered by the Commission. The book will be of interest to competition lawyers as well as to all those interested in the constitutional development of the European Community.
Uk Competition Law
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Author : Rosalind Kellaway
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Uk Competition Law written by Rosalind Kellaway and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This book provides a comprehensive practitioner guide to the new competition law framework in the UK, following the widespread and significant reforms introduced in April 2014 and brought about by the Enterprise Regulatory and Reform Act 2013 (ERRA 2013); and reforms brought about by the Consumer Rights Act 2015. It considers the "new politics" of UK competition law: the increasing re-politicization of competition policy in the UK, and how different elements of the regime (civil, criminal and administrative) interact. The book summarizes the existing regime, considering how it has fared since the Competition Act came into force in 2000. It considers the administrative enforcement regime, including institutional reform of the functions of the CMA, sectoral regulators, the Competition Appeal Tribunal (CAT) and the Secretary of State; and the enforcement process. It then covers the merger control regime, including fixed time limits, merger notice and information gathering powers, interim measures, due process, and remedies. It examines the powers and remit of the various sector regulators in terms of promoting competition and enforcing competition law, as well as the UK Competition Network and the wide-ranging remit of the FCA regarding financial services markets. It also analyses individual criminal liability, the cartel offence-both in its original form and as amended by the ERRA-and procedural issues. Finally, the book examines private enforcement, including the development of private competition litigation in the UK, the changes introduced by the Consumer Rights Act and the EU directive on damages actions for competition law infringements This is an essential guide to the new competition law framework in the UK, offering clear critical analysis as well as practical guidance on the full implications of these wide-ranging reforms.
New Developments In Competition Law And Economics
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Author : Klaus Mathis
language : en
Publisher: Springer
Release Date : 2019-03-18
New Developments In Competition Law And Economics written by Klaus Mathis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-18 with Law categories.
This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.
Structure And Effects In Eu Competition Law
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Author : Basedow
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Structure And Effects In Eu Competition Law written by Basedow 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 2011-01-01 with Law categories.
During the last decade the European Commission has progressively adopted what is called a andmore economic approachand toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these andnewand methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionands State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the andmore economicand approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherands discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.
Global Competition Enforcement
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Author : Paulo Burnier da Silveira
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-17
Global Competition Enforcement written by Paulo Burnier da Silveira 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 2019-10-17 with Law categories.
Global Competition Enforcement New Players, New Challenges Edited by Paulo Burnier da Silveira & William Evan Kovacic In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries. The following aspects of the subject and more are examined in depth: the interface between antitrust and anti-corruption; the digital economy’s challenges to competition authorities; convergent aims and rules among different competition authorities; regional organizations with competition mandates; competition neutrality and state-owned enterprises; and leniency programmes. Although necessarily there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities in five continents including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions. Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations. Antitrust lawyers, corporate counsel and interested academics as well as policymakers will benefit immeasurably from this book’s wealth of informative detail.
Safeguarding Companies Rights In Competition And Anti Dumping Anti Subsidies Proceedings
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Author : Themistoklis K. Giannakopoulos
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Safeguarding Companies Rights In Competition And Anti Dumping Anti Subsidies Proceedings written by Themistoklis K. Giannakopoulos 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 2011-01-01 with Law categories.
Focusing on the rules safeguarding procedural due process in the administrative procedures of the Commission, this fully updated edition of a widely used handbook covers the four principal fields that entail enforcement of substantive competition rules: antitrust, merger, anti-dumping/antisubsidies, and State aid. Among the many practical issues raised are the following: the right of directly involved parties to bring an action before the European Courts in merger, anti-dumping/anti-subsidies, and State-aid cases; the rights of complainants in antitrust cases; the rights and obligations of beneficiaries in State-aid cases; the extent to which the right to confidential communication between lawyer and client in thesecases is recognised by the European Commission and the European Courts; the right to silence to avoid self-incrimination in antitrust cases; the right to respect for confidentiality and the right to be heard during the preliminary factfinding procedure of the Commission; the obligations of an undertaking during the fact-finding procedure of the Commission; the right of access to the Commission's file; the right to a fair hearing of all the parties concerned by the Commission proceedings; and the applicability of Article 6 of the European Convention of Human Rights (ECHR) to EU antitrust procedures. Three tables consolidate briefly and comparatively the rights and the obligations of the private parties in the four proceedings, as well as their right to bring an action before the European Courts. These tables give the reader the opportunity to easily check out what is the situation in the four proceedings regarding a specific right or obligation. The author's analysis draws on all the relevant judgments of the European Courts, and the book comes with a wealth of reference material, including detailed footnotes, lists of legislation and cases in both chronological and alphabetical order, and an extensive bibliography.