Non-competition Interests in EU Antitrust Law

Non-competition Interests in EU Antitrust Law

Author: Or Brook

Publisher:

Published: 2022

Total Pages:

ISBN-13: 9781108931229

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"This Book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Based on an original quantitative and qualitative database of over 3100 cases, it records all of the public enforcement actions of Article 101 TFEU taken by the Commission, EU Courts, and the national competition authorities and courts of five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). The book does not only expose explicit tools in which non-competition interests played a role. It also sheds light on the "dark matter" of balancing, namely invisible forms of balancing triggered by the institutional and procedural setup of the competition enforcers. Moreover, it contributes to the empirical-legal study of various other aspects of EU competition law enforcement, such as its objectives, the more economic approach, decentralised enforcement, and the functioning and success of Regulation 1/2003"--


Non-Competition Interests in EU Antitrust Law

Non-Competition Interests in EU Antitrust Law

Author: Or Brook

Publisher: Cambridge University Press

Published: 2022-07-28

Total Pages: 573

ISBN-13: 1108943772

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This book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Based on an original quantitative and qualitative database of over 3,100 cases, this book records all of the public enforcement actions of Article 101 TFEU taken by the Commission, EU Courts, and the national competition authorities and courts of five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). The book not only exposes explicit tools in which non-competition interests played a role, but also sheds light on the “dark matter” of balancing, namely, invisible forms of balancing triggered by the institutional and procedural setup of the competition enforcers. Moreover, it contributes to the empirical-legal study of various other aspects of EU competition law enforcement, such as its objectives, the more economic approach, decentralized enforcement, and the functioning and success of Regulation 1/2003.


Antitrust and the Bounds of Power

Antitrust and the Bounds of Power

Author: Giuliano Amato

Publisher: Hart Publishing

Published: 1997-10-19

Total Pages: 148

ISBN-13: 1901362299

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Examines dilemmas surrounding antitrust law and public and private power and the ways in which these problems have been addressed by legislatures and courts in the US and in Europe. Offers sometimes controversial observations on the history and doctrines of antitrust law, and conclusions as to how successfully the dilemma is being managed by the economies of the US and Europe. Amato is head of the Italian Antitrust Authority, a professor of law at the European University Institute in Florence, Italy, and a former Prime Minister of Italy. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR


Competition Law of the European Union

Competition Law of the European Union

Author: Van Bael & Bellis

Publisher: Kluwer Law International B.V.

Published: 2021-03-01

Total Pages: 1618

ISBN-13: 9041154051

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This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.


The Normative Foundations of European Competition Law

The Normative Foundations of European Competition Law

Author: Oles Andriychuk

Publisher: Edward Elgar Publishing

Published: 2017-08-25

Total Pages: 441

ISBN-13: 1786436078

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Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.


The Atlantic Divide in Antitrust

The Atlantic Divide in Antitrust

Author: Daniel J. Gifford

Publisher: University of Chicago Press

Published: 2015-02-11

Total Pages: 320

ISBN-13: 022617610X

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The United States and the European Union operate the world’s two most powerful systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language. Yet the two regimes sometimes reach very different results on significant antitrust issues. In The Atlantic Divide in Antitrust, Daniel Gifford and Robert Kudrle show that a combination of differences in social values, political institutions, and legal precedent inhibit close convergence. The book explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, intellectual property, and Schumpeterian competition. The authors explore how the prevailing antitrust analyses differ in the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these several areas relate to each other. Several themes run through the substantive areas treated in the book: pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. The notorious Microsoft case offers a useful lens to examine copyright, patents, and trade secrets, and the authors take the opportunity to contemplate competition policy in dynamic, innovative industries more broadly. For the EU, competition policy has also functioned as a mechanism to bond national markets together in the EU structure; the USA, federal from the beginning, did not require this instrumental aspect in its antitrust doctrines. The Atlantic Divide concludes with forecasts and suggestions about how greater compatibility, if not convergence, might ultimately be attained.


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.


An Introduction to EU Competition Law

An Introduction to EU Competition Law

Author: Moritz Lorenz

Publisher: Cambridge University Press

Published: 2013-04-25

Total Pages: 427

ISBN-13: 1107067324

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Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.