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Author: Carsten Koenig Publisher: ISBN: Category : Languages : en Pages :
Book Description
It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United States, in contrast, no fine will be imposed on a parent company unless the parent company itself was directly involved in an antitrust infringement. Moreover, courts are very reluctant to hold parent companies directly or indirectly liable in private antitrust suits. Against this background, I explore in this article how the striking difference between EU and US competition law can be explained. I show that one of the main purposes of holding parent companies liable in EU competition law is to solve an underdeterrence problem that occurs when subsidiaries lack sufficient assets to pay for fines or damages. I claim that the same function is fulfilled in US antitrust law by other enforcement instruments, in particular the individual liability of executives and employees. On this basis, I conclude that it is primarily the existence of these functional substitutes that explains why a need for parent company liability has not arisen in US antitrust law.
Author: Carsten Koenig Publisher: ISBN: Category : Languages : en Pages :
Book Description
It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United States, in contrast, no fine will be imposed on a parent company unless the parent company itself was directly involved in an antitrust infringement. Moreover, courts are very reluctant to hold parent companies directly or indirectly liable in private antitrust suits. Against this background, I explore in this article how the striking difference between EU and US competition law can be explained. I show that one of the main purposes of holding parent companies liable in EU competition law is to solve an underdeterrence problem that occurs when subsidiaries lack sufficient assets to pay for fines or damages. I claim that the same function is fulfilled in US antitrust law by other enforcement instruments, in particular the individual liability of executives and employees. On this basis, I conclude that it is primarily the existence of these functional substitutes that explains why a need for parent company liability has not arisen in US antitrust law.
Author: Peter Whelan Publisher: Oxford University Press ISBN: 0192583344 Category : Law Languages : en Pages : 625
Book Description
In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
Author: Katarzyna Sadrak Publisher: Cambridge University Press ISBN: 1108997074 Category : Law Languages : en Pages : 299
Book Description
Contribution claims in antitrust are controversial and under-researched in the legal literature. This book provides the first comprehensive analysis of contribution claims in EU competition law. By drawing on the historical and current practice of EU and national courts, as well as national laws of major EU jurisdictions, it explains contribution claims in antitrust law in concrete and practical terms. It also provides much needed clarity on the relationship between competition law and joint and several liability, as well as guiding those concerned by contribution claims through the issues that are likely to arise. Topics examined include the requirements competition law sets for contribution claims; the criteria for dividing antitrust liability between individual co-infringers; the impact of EU Directive 2014/10; and whether liability sharing agreements can resolve the problems joint and several liability brings to EU competition law.
Author: Peter Whelan Publisher: Oxford University Press ISBN: 0198844832 Category : Law Languages : en Pages : 625
Book Description
In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
Author: Carsten Koenig Publisher: ISBN: Category : Languages : en Pages :
Book Description
According to well-established case-law of the European Court of Justice, in the European Union, parent companies can be fined for antitrust infringements by their subsidiaries. Furthermore, under a new EU Directive, signed into law on 26 November 2014, parent company liability is likely to be extended to private antitrust damages actions. In the United States, in contrast, courts are very reluctant to hold parent companies liable for antitrust infringements by their subsidiaries, whether criminally or in private suits. Against this background, I explore in this article whether parent company liability in the antitrust context is justified from an economic perspective. I build on works dealing with the economic analysis of antitrust enforcement, corporate torts, vicarious liability, criminal penalties, and limited as well as unlimited shareholder liability to assess the efficiency of parent company liability for antitrust infringements by subsidiaries. Based on an analysis of both the legal framework and the economic situation, I explain under what circumstances it is justified to hold parent companies liable and how parent company liability relates to other antitrust enforcement instruments. I conclude with implications for future antitrust enforcement policy.
Author: Thomas Pawlikowski Publisher: Frankfurt am Main ; New York : P. Lang ISBN: Category : Business & Economics Languages : en Pages : 194
Book Description
Study on intra-group arrangements under Articles 85 and 86 of the treaty establishing the European Economic Community, with a comparative survey of the American Antitrust Law and the Competition Law of Canada.
Author: Marco Corradi Publisher: Cambridge University Press ISBN: 1108841872 Category : Business & Economics Languages : en Pages : 353
Book Description
Examines the intersections between corporate and antitrust law, focusing on corporate interest, governance, and the financial links among companies.
Author: Sandra Marco Colino Publisher: Oxford University Press, USA ISBN: 0198725051 Category : Law Languages : en Pages : 657
Book Description
Competition Law of the EU and UK is the essential introduction to competition law. Clear and accessible, without compromising on rigor, it helps students to navigate all of the technicalities of competition law. With strong coverage of the economics underpinning the law, this text leads students through the complexities of competition law and helps them to understand its principles. Designed to bring the law to life, a range of learning features aid comprehension and invite students to think about the many applications of competition law. Key cases boxes provide lively discussion, and user-friendly flow charts and visual aids offer a stimulating approach to competition law, making it an ideal introduction to the subject for undergraduates and postgraduates new to this area of law. An Online Resource Centre accompanies this book and provides: Summary maps and key cases - downloadable for ease of use Multiple choice questions - to help students to self-check progress and understanding Table of OFT decisions - for quick reference Web links - to enable students to take their learning further
Author: Van Bael & Bellis Publisher: Kluwer Law International B.V. ISBN: 9041154051 Category : Law Languages : en Pages : 1618
Book Description
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.
Author: Carsten Koenig
Author: Carsten Koenig
Author: Peter Whelan
Author: Katarzyna Sadrak
Author: Carsten Koenig
Author: Peter Whelan
Author: Carsten Koenig
Author: Thomas Pawlikowski
Author: Marco Corradi
Author: Sandra Marco Colino
Author: Van Bael & Bellis