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.


Vertical Agreements in EU Competition Law

Vertical Agreements in EU Competition Law

Author: Frank Wijckmans

Publisher: Oxford University Press, USA

Published: 2011-11-10

Total Pages: 428

ISBN-13: 0199696411

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Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.


Online Distribution of Content in the EU

Online Distribution of Content in the EU

Author: Taina Pihlajarinne

Publisher: Edward Elgar Publishing

Published:

Total Pages: 285

ISBN-13: 1788119908

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The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission’s commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.


Vertical Restraints in the Digital Economy

Vertical Restraints in the Digital Economy

Author: Adina Claici

Publisher: Kluwer Law International B.V.

Published: 2021-05-21

Total Pages: 156

ISBN-13: 9403532440

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Vertical agreements between undertakings at the various levels of a supply chain have long been seen as a fundamental focus for antitrust legislation, such as the European Union’s Vertical Block Exemption Regulation (VBER). It goes without saying that such issues are particularly prevalent in digital markets. This authoritative commentary analyses the main restrictions in vertical agreements, emphasising the numerous new and contentious issues arising in the context of Internet distribution. It offers both legal and economic perspectives, as well as examines enforcement and possible changes to the legislation. The contributors – leading competition authority officials, lawyers, economists, and academics – provide in-depth discussions of topics that have emerged as areas for conscious policy choices, including the following: restrictions of online sales; price parity obligations; resale price maintenance; the duration of non-compete obligations; sustainability agreements; geo-blocking practices; and restraint of trade in pharmaceuticals. The contributions have emerged from the 2020 conference of the Global Competition Law Centre at the College of Europe in the context of the currently ongoing review of the VBER and vertical guidelines. With its multidisciplinary approach highlighting the efficiencies and harms caused by the restrictions at stake, this important book clearly shows how law and practice apply to specific issues relating to digital markets and how the law is likely to change in the near future. It will be of immeasurable value to lawyers and officials concerned with European competition law and academics in the field.


EU Distribution Law

EU Distribution Law

Author: Joanna Goyder

Publisher: Bloomsbury Publishing

Published: 2011-02-09

Total Pages: 374

ISBN-13: 1847316298

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The new edition of EU Distribution Law, published six years after the previous edition, is concerned with the competition rules prohibiting anti-competitive agreements and behaviour affecting trade between Member States, and the special rules which protect commercial agents. Under EU law such anti-competitive agreements may be void and substantial fines imposed and liability in damages may result. To minimise their risk companies and their advisers must therefore understand the current rules and exemptions. In 2010 fully revised EU legislation and guidelines governing distribution and supply agreements came into effect. New features include an increased focus on powerful buyers and on internet sales, and there is also a more generous approach to resale price maintenance. [At the same time the special regime for the motor vehicle sector was significantly amended.] The European Commission, as well as national courts and competition authorities, actively apply EU competition rules in this area, so companies need to take the new rules fully into account. Furthermore, the continuing enlargement of the EU, most recently in 2007 to 27 Member States, and the ever-expanding case law of the European courts, means that EU law has an ever wider and more pronounced impact. This comprehensively rewritten and updated new edition of a well-known text combines expert commentary with clear, practical advice on the law affecting distribution agreements, exclusive supply, purchase agreements, franchising, agency and selective distribution. This book will be essential reading for commercial and competition lawyers, and the legal departments of manufacturers, suppliers, distributors and retailers currently trading or intending to trade within the European Union.


Insurance Distribution Directive

Insurance Distribution Directive

Author: Pierpaolo Marano

Publisher: Springer Nature

Published: 2021

Total Pages: 439

ISBN-13: 3030527387

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This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--


Distribution of Insurance-Based Investment Products

Distribution of Insurance-Based Investment Products

Author: Pierpaolo Marano

Publisher: Springer

Published: 2019-03-27

Total Pages: 259

ISBN-13: 3030116689

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The book addresses a topic at the intersection of two heavily regulated sectors: insurance and investment services. Until recently, scholars and professionals have approached insurance and investment services as two separate categories in the financial services sector, and as being governed by separate regulatory frameworks. In practice, however, the boundaries were and are blurred, a reality that regulators have begun to recognize and address in their more recent regulatory texts. The first part of the book approaches the new standards applicable to investment products based on insurance: insurance-based investment products (IBIPs). These rules are harmonized across the EU. The rationale behind this new definition is provided, together with a description of these products’ limitations. The analysis addresses the new rules and explores the legal regime and relevant standards applicable to IBIPs. The organizational rules concerning the design and distribution of IBIPs are also examined, and the book highlights e.g. how these rules are inspired by the principles of conduct. In closing, the ADR systems are analysed, in order to ascertain whether or not they can offer an effective tool for settling disputes over these products. In turn, the second part focuses on the liability for distribution of IBIPs, which ranks as one of the most conspicuous and relatively new legal phenomena, but at the same time, represents an exceptionally important field of civil liability in today’s world. Liability is still regulated at the national level. Thus, the four largest life insurance markets in the EU are considered, along with the largest emerging market for life insurance. The chapters on national laws also consider whether, and if so, how the new harmonized rules on IBIPs are being combined with those already in force in the jurisdictions considered. The goal is to determine whether the new rules are likely to change the doctrine and case law approach to these products, or whether the European legislators’ choices have no real impact on the protection of clients.


Eurolegalism

Eurolegalism

Author: R. Daniel Kelemen

Publisher: Harvard University Press

Published: 2011-04

Total Pages: 379

ISBN-13: 0674046943

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Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.


Electricity Network Regulation in the EU

Electricity Network Regulation in the EU

Author: Leonardo Meeus

Publisher: Edward Elgar Publishing

Published: 2018-03-30

Total Pages: 179

ISBN-13: 1786436094

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The UK model of incentive regulation of power grids was at one time the most advanced, and elements of it were adopted throughout the EU. This model worked well, particularly in the context of limited investment and innovation, a single and strong regulatory authority, and limited coordination between foreign grid operators. This enlightening book shows that since 2010 the whole context has changed and regulation has had to catch-up and evolve. The EU is entering a wave of investment, and an era of new services and innovation which has created growing tensions between national regulatory authorities in terms of coordinating technical standards and distribution systems. This is being played out against an increasingly disruptive backdrop of digitzation, new market platforms and novel business models.