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Author : Or Brook
Release : 2022-07-28
Genre : Law
Kind : eBook
Book Rating : 603/5 ( reviews)
Book Synopsis Non-Competition Interests in EU Antitrust Law by : Or Brook
Download or read book Non-Competition Interests in EU Antitrust Law written by Or Brook. This book was released on 2022-07-28. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to empirically study the role of non-competition interests in Article 101 TFEU enforcement.
Author : Björn Lundqvist
Release : 2015-04-30
Genre : Law
Kind : eBook
Book Rating : 015/5 ( reviews)
Book Synopsis Joint Research and Development under US Antitrust and EU Competition Law by : Björn Lundqvist
Download or read book Joint Research and Development under US Antitrust and EU Competition Law written by Björn Lundqvist. This book was released on 2015-04-30. Available in PDF, EPUB and Kindle. Book excerpt: This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blom
Author : Boaz Barack
Release : 2013-06-29
Genre : Law
Kind : eBook
Book Rating : 823/5 ( reviews)
Book Synopsis The Application of the Competition Rules (Antitrust Law) of the European Economic Community to Enterprises and Arrangements External to the Common Market by : Boaz Barack
Download or read book The Application of the Competition Rules (Antitrust Law) of the European Economic Community to Enterprises and Arrangements External to the Common Market written by Boaz Barack. This book was released on 2013-06-29. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anne C Witt
Release : 2016-11-17
Genre : Law
Kind : eBook
Book Rating : 222/5 ( reviews)
Book Synopsis The More Economic Approach to EU Antitrust Law by : Anne C Witt
Download or read book The More Economic Approach to EU Antitrust Law written by Anne C Witt. This book was released on 2016-11-17. Available in PDF, EPUB and Kindle. Book excerpt: In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.
Author : Jan Blockx
Release : 2020-07-09
Genre : Law
Kind : eBook
Book Rating : 549/5 ( reviews)
Book Synopsis Mens Rea in EU Antitrust Law by : Jan Blockx
Download or read book Mens Rea in EU Antitrust Law written by Jan Blockx. This book was released on 2020-07-09. Available in PDF, EPUB and Kindle. Book excerpt: Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.
