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The following text is based on the dissertation The Murphy judgment and the underlying Internal Market Imperative: has the EU case-law on absolute territorial protection come full circle since Consten & Grundig? prepared by the author within the King's College London 2011/2012 LL.M. in Competition Law programme, under the supervision of Professor Richard Whish. It provides a revised, updated and in certain aspects elaborated-on version thereof.
Competition and Sustainability critically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law.
When emerging economies draft competition law and begin to enforce it, they usually draw on the EU and US competition law systems. However, significant country-specific legal and practical variations tend to arise quickly, making it imperative for international business lawyers to acquire more than a passing knowledge of competition legislation and relevant case law in these countries. Now for the first time a thoroughly researched book provides an in-depth empirical analysis of the legal problems raised for competition, and especially for merger control and its enforcement, in emerging economies, using a case study approach in the Brazilian and Argentinean contexts to reveal paradigmatic tr...
This book presents the fundamentals of strengthening and retrofitting approaches, solutions and technologies for existing structures. It addresses in detail specific techniques for the strengthening of traditional constructions, reinforced concrete buildings, bridges and their foundations. Finally, it discusses issues related to standards and economic decision support tools for retrofitting.
This is the twelfth in a series on EU Competition Law and Policy produced by the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the written contributions and transcripts in connection with a roundtable debate which examined the EU's enforcement policy as regards the abuse of a dominant position under Article 82 EC. The workshop participants included: senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and Federal Trade Commission; and renowned international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues structured according to three broad lines of discussion: 1) comparisons of the concept of monopolization under Section 2 of the Sherman Act with that of abuse of dominance under Article 82 EC; 2) a reformed approach to exclusionary unilateral conduct; and 3) exploitative unilateral conduct and related remedies.
In March 2023, the European Commission launched a process leading to the adoption of Guidelines for Article 102 of the Treaty on the Functioning of the European Union (Article 102 TFEU), with regard to exclusionary practices, i.e., practices that harm competitors and thus competition. The Guidelines are aimed at increasing legal certainty to the benefit of consumers, businesses, national competition authorities, and national courts. In this in-depth analysis of the role of Article 102 TFEU in EU law, prominent scholars and practitioners trace the roots of this fundamental provision, identify the forces that have driven its development, and examine its future challenges in the light of the fo...
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.
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
The volume provides a leading, contextual and cross-disciplinary analysis of legal responses to whistleblowing. Whistleblowing is a complex phenomenon that has been a challenge to numerous institutions at a national, international and supranational level. Efforts to address and protect whistlblowers have increased in recent years, although the development of a comprehensive legal framework has not always been possible. The whistleblowing phenomenon has been addressed directly through legislation and indirectly through numerous other measures and public policies. Different jurisdictions have relied on different areas of law to enhance the protection of whistleblowers, including measures from areas such as criminal, labour, corporate and administrative law. Taken together, contributions in this volume provide a comprehensive and original analysis of the emerging multi-level legal framework to protect whistleblowers.