This innovative new textbook offers a unifying analytical framework cutting across cases and sectors for students of competition law. This fresh approach breaks down the traditional substantive/institutional approach ensuring that the student is offered the broadest possible perspective and deepest understanding of the issues at play at the heart of EU competition law. At the same time, it makes meaningful contributions to existing debates in concrete areas by offering a fresh perspective on well- trodden arguments. Material is clearly organised into two parts, the first of which explores the features of this 'new' EU competition law and proposes an analytical framework against which the evolution of the field can be assessed. The second part addresses some of the most salient recent cases, which would be examined as manifestations of the field. Thought-provoking, engaging and informative, this is required reading for all students of the subject.
Release on 2002 | by Leuven Centre for a Common Law of Europe. Competition Law Conference
The Commission's Proposal for a New Regulation Implementing Articles 81 and 82 EC : Proceedings of the 2001 Competition Law Conference of the Leuven Centre for a Common Law of Europe (Leuven CCLE)
Author: Leuven Centre for a Common Law of Europe. Competition Law Conference
Pubpsher: Intersentia nv
The idea of the Modernisation of European Competition Law had been launched by the Commission in late 2000 in a White Paper. The Commission proposed to decentralise the application of the EC competition rules: national authorities and judges would receive new competencies in this area. The modernisation process should dramatically change the scene. Current expectations are that there is a fair chance that the Commission's proposal will be adopted, with some amendments, by the Council before the end of 2002. Following the publication of the White Paper, the Leuven Centre for a Common Law of Europe decided to devote a conference to the subject of Modernisation of EC Competition Law in June 2001. At the time of the Conference, the modernisation idea had been followed by a draft Regulation implementing Articles 81 and 82 EC. This book contains the papers that were delivered at the conference. These papers examine the salient features of the proposed reform and discuss its consequences for European and national competition law and practice. Special emphasis is placed on private enforcement of EC antitrust rules. The editors added a general introduction, setting out the highlights of the modernisation debate, as it was conducted in Leuven. Therefore this book will help to understand this single most important reform of EC competition law since its conception. Contributions to this book are made by T.C. Arthur, Sir C. Bellamy, L. Cornelis, W. Devroe, H. Gilliams, L. Gyselen, K. Lenaerts, J. Stuyck, J. Temple Lang, M. van der Woude and W. van Gerven.
Release on 2010-01-01 | by Ioannis Kokkoris,Ioannis Lianos
Author: Ioannis Kokkoris,Ioannis Lianos
Pubpsher: Kluwer Law International B.V.
This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.
This book presents the most thoroughgoing model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertakings unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines.
Competition Law of the EU and UK is the essential introduction to competition law. Clear and accessible, without compromising on rigor, it helps students to navigate all of the technicalities of competition law. With strong coverage of the economics underpinning the law, this text leads students through the complexities of competition law and helps them to understand its principles. Designed to bring the law to life, a range of learning features aid comprehension and invite students to think about the many applications of competition law. Key cases boxes provide lively discussion, and user-friendly flow charts and visual aids offer a stimulating approach to competition law, making it an ideal introduction to the subject for undergraduates and postgraduates new to this area of law. An Online Resource Centre accompanies this book and provides: Summary maps and key cases - downloadable for ease of use Multiple choice questions - to help students to self-check progress and understanding Table of OFT decisions - for quick reference Web links - to enable students to take their learning further
Release on 2006 | by Steven D. Anderman,John Kallaugher
Intellectual Property Licensing After Modernisation
Author: Steven D. Anderman,John Kallaugher
Pubpsher: Oxford University Press on Demand
The new Technology Transfer Block Exemption Regulation signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation, placing it in the context of: the modernisation reforms of EC competition law; and the treatment of IP rights over technology.The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: the context of the modernisation reforms of EC competition law generally; and the changes in treatment of "technology transfer" within the broader context of changes in treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation. The central feature of the Commission's new approach is that firms and practitioners must engage in self-assessment to determine whether their agreements comply with Community competition law. Paradoxically, this makes it more important that practitioners understand the significance of the old case law: the book considers to what extent these cases remain valid today. It also goes beyond paraphrasing the Commission's Guidelines, discussing their legal basis and, where appropriate, criticising the approach taken by the Guidelines where the legal basis is unsure.
This handbook offers detailed descriptions of EU competition law, including mergers and public authorities. Above all, it analyzes and discusses recent decisions of the ECJ and the General Court. Presenting systematically structured and theoretically founded content, the book also includes recommendations for practitioners. Special attention is paid to the scope of penalties and the influence on fundamental rights. Rounding out the book, the conflict between safeguarding confidential information and the effectiveness of private and public enforcement is discussed intensively in the context of the new Directive 2014/104/EU.
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.
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.
Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus