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The Procedural Aspects Of The Application Of Competition Law

Author : Csongor Istvan Nagy
ISBN : 9089521879
Genre :
File Size : 72.28 MB
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About the book Although substantive competition law has been largely "Europeanized", procedural law comes, for the most part, under the autonomy of the Member States and, for a long time, thinking on the procedural aspects of competition law's application had not been in the focus of the European scholarship. Nonetheless, recently, "procedure" became one of the most topical issues of European competition law and came to the fore of the scholarly discourse. This edited volume addresses the above subject's pan- European framework and its Central European perspectives with the purpose of channelling the region's experiences into the European discourse. The book's first part (Section 1) examines the general issues of the procedural aspects of competition law's application, while Sections 2 and 3 analyse the administrative competition procedure (and judicial review) and the legal consequences of breaching competition rules in the Czech Republic, Hungary, Poland, Romania and Slovakia. About the editor Dr. Csongor Istvan Nagy Ph.D., LL.M., S.J.D, dr. juris is an associate professor in Hungary, the leader of the Federal Markets "Momentum" Research Group at the Hungarian Academy of Sciences, the head of the Department of Private International Law at the University of Szeged and an attorney- at-law admitted to the Budapest Bar. Furthermore, he is visiting professor at the Central European University, at the Sapientia University of Transylvania and at the Riga Graduate School of Law.

Competition Policy In The Global Trading System Perspectives From The Eu Japan And The Usa

Author : Mitsuo Matsushita
ISBN : 9789041117588
Genre : Business & Economics
File Size : 62.9 MB
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Based on a conference of national authorities and leading scholars in antitrust and competition law and policy, the text presents 20 essays which together provide an in-depth assessment of achievements and impasses, as well as a variety of possible ways forward.
Category: Business & Economics

Product Liability Law In Transition

Author : Magdalena Tulibacka
ISBN : 0754647102
Genre : Law
File Size : 25.97 MB
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This volume examines the evolution of Central European product liability regimes, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU.
Category: Law

A Framework For European Competition Law

Author : Christopher Townley
ISBN : 9781509916467
Genre : Law
File Size : 77.98 MB
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This book asks whether the current push to increase uniformity in substantive and procedural competition policy and enforcement in Europe, as well as in related institutional structures, is desirable. It focuses on European Union (EU) competition policy and enforcement (related to Articles 101 and 102 TFEU and the merger rules), the equivalent rules in the Member States, and the relationships between these different legal orders. Uniformity has many benefits; yet, the advantages of diversity are also legion, enabling more policy experimentation and innovation; and improving the ability to accommodate national preferences. Contrary to the overwhelming view of academics, practitioners and regulators in this area, the book argues that uniformity is insufficient and examines ways of achieving a better mix of uniformity and diversity (the EU's motto is 'United in Diversity'). To achieve this better mix, the book offers a new framework for European competition law: Co-ordinated Diversity. Finally, this book discusses whether Co-ordinated Diversity fits with the current legal order in the EU, as well as the EU constitutional settlement more generally, and suggests some ways that it might be made compatible with this order with relative ease. The book's impact could be significant: changing the results in individual cases; the way cases are argued; and what information is relevant. More importantly, it builds the theoretical foundations for fundamentally altering the way in which the EU and the Member States' competition authorities interact, allowing space for disagreement and uncertainty. The aim is to improve the effiiciency and effectiveness of competition policy-making and enforcement in Europe. It should also increase the legitimacy in this field (rebalancing towards the Member States). Co-ordinated Diversity provides a new way of seeing the EU that better blends difference, when this is demanded, with uniformity and its benefits, as necessary. A timely and ambitious work, this book will be read with interest by all competition scholars.
Category: Law

Handbook On European Competition Law

Author : Ioannis Lianos
ISBN : 9781782546214
Genre : Law
File Size : 33.32 MB
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This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.
Category: Law

International Antitrust Litigation

Author : JÃ1⁄4rgen Basedow
ISBN : 9781847318886
Genre : Law
File Size : 34.72 MB
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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.
Category: Law

The Competition Law Of Central And Eastern Europe

Author : Marjo Ojala
ISBN : 0421590505
Genre : Antitrust law
File Size : 39.59 MB
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Provides analysis of the competition laws of the major Central and Eastern European states as they align their competition laws with those of the EU preparation for EU membership in the 21st century. The book opens with a brief historical overview and introduces the main features of the socialist system. The contents of the European Agreements that have been signed with the Eastern European countries are provided and analyzed, with attention given to the competition provisions and their implementation.
Category: Antitrust law

Legal Aspects Of Privatisation

Author : Bulent Seven
ISBN : 1581121741
Genre : Business & Economics
File Size : 28.72 MB
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The main aims of this thesis are as follows:(a) To present a comprehensive analysis of the concept of privatisation its origins and limits, (b) To identify the legal and institutional framework for privatisation in different European countries from a comparative perspective; (c) To define and analyse particularly legal issues which arise during the privatisation transactions: e.g. labour law, competition law etc.; (d) To evaluate which features of the successful legal and organisational framework of privatisation have been successful so as to provide guidelines for those individuals and organisations participating in the privatisation exercises.This work found out that there is no simple, internationally applicable recipe for privatisation; various legal methods and techniques can be used to privatise state owned enterprises. Because each country has different circumstances, it is impossible to provide a unique model for privatisation; each country needs to design its own model according to its circumstances.Privatisation is an essential but insufficient element for structural economic reform in the economy and society. Privatisation is not a panacea, it is not the solution to every economic and administrative problem; selling an enterprise to the private sector does not mean an end to all problems. Also privatisation is not an overnight process or a magic touch; it will be a lengthy process. Furthermore, a decision that something can be privatised does not mean that it should be privatised.In that context, privatisation is not good or bad; it is an economic and social instrument. If it is well designed it may bring substantial benefits to the economy and society.In many countries, many state owned enterprises, particularly the ones which are financially weak, have still not been privatised. This finding revealed that the privatisation process will be in the political and economic agenda for at least few more decades.
Category: Business & Economics

Product Safety And Liability Law In Japan

Author : Luke Nottage
ISBN : 9781134433896
Genre : Business & Economics
File Size : 32.12 MB
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Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.
Category: Business & Economics