International Antitrust Litigation
International Antitrust Litigation

Author: Jurgen Basedow

Publisher: Bloomsbury Publishing

Published: 2012-02-03

Total Pages: 446

ISBN-13: 1847318886

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The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

International Antitrust Cartel Handbook
International Antitrust Cartel Handbook

Author: Section of Antitrust of the American Bar Association

Publisher:

Published: 2019

Total Pages:

ISBN-13: 9781641055147

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Cartel issues arise in a variety of settings and industries and increasingly without regard to jurisdictional boundaries. Many jurisdictions have granted their competition authorities broad jurisdictional reach and provided them with aggressive investigative tools, such as wiretap authority and compulsory process. There is also a burgeoning movement to criminalize cartel activity in places where it has previously been regarded as wholly or principally a civil or administrative matter. And the global proliferation of leniency programs continues to radically destabilize cartels, creating powerful incentives for institutions to turn against their co-conspirators.This first edition of the International Antitrust Cartel Handbook is a vital reference for both new and experienced antitrust practitioners navigating the increasingly complex global cartel enforcement environment. It brings together leading cartel practitioners from around the world to address the critical issues that arise throughout the lifecycle of a cartel investigation and prosecution. The Handbook provides both breadth of coverage and analytical depth suitable for a wide range of practitioners, including everyone from those who may find themselves on the front line of a government inquiry or internal investigation; to those awaiting their day in court to contest a criminal indictment; to those simply preparing to counsel a client on the basic "dos and don'ts" of engaging with competitors.

Antitrust Settlements
Antitrust Settlements

Author: Giovanna Massarotto

Publisher:

Published: 2019-10-17

Total Pages: 248

ISBN-13: 9789403511337

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Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure--and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU--the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies' behavior and agencies' practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law--economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today's market challenges.

The International Handbook on Private Enforcement of Competition Law
The International Handbook on Private Enforcement of Competition Law

Author: Albert A. Foer

Publisher: Edward Elgar Pub

Published: 2010

Total Pages: 637

ISBN-13: 9781848448773

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'This comprehensive and well written volume surveys the private enforcement provisions of virtually every country in the world that has a competition law recognizing private actions. It is a first-of-its-kind, incredibly valuable undertaking. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects. Every competition lawyer with a multinational practice will benefit from owning it.' - Herbert Hovenkamp, University of Iowa, US

The Interplay Between Competition Law and Intellectual Property
The Interplay Between Competition Law and Intellectual Property

Author: Gabriella Muscolo

Publisher: Kluwer Law International B.V.

Published: 2019-01-17

Total Pages: 633

ISBN-13: 9041186905

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Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields

International Aspects of U.S. Litigation
International Aspects of U.S. Litigation

Author: James E. Berger (Lawyer)

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9781634255561

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"[This book] addresses the topics that arise when international disputes find their way to U.S. courts, which they do with great frequency. The purpose of this book is to explain the authority and competence of American courts with regard to international disputes and explore the topics that arise most often―and cause practitioners the greatest amount of confusion and difficulty―in connection with those disputes. Topics covered include: a basic overview of the U.S. court system; concepts of subject matter and personal jurisdiction; concepts of forum and venue; governing law, and choice-of-law; discovery; judgment; arbitration; and sovereign litigation, bankruptcy, and trade disputes."--

Remedies in EU Competition Law
Remedies in EU Competition Law

Author: Damien Gerard

Publisher: Kluwer Law International B.V.

Published: 2020-07-10

Total Pages: 362

ISBN-13: 9403522445

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By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.

The Antitrust Paradox
The Antitrust Paradox

Author: Robert Bork

Publisher:

Published: 2021-02-22

Total Pages: 536

ISBN-13: 9781736089712

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The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.