Faull and Nikpay: The EU Law of Competition PDF Download

Author: Jonathan Faull
Publisher: OUP Oxford
ISBN: 9780199665099
Category : Law
Languages : en
Pages : 2016

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Book Description
Written by current or former members of the Directorate General for Competition, Faull and Nikpay provides a unique working knowledge of the legislative regime and its application. This established authority on EU competition law is updated to cover the latest substantive, procedural, and case law developments, and a new chapter on pharmaceuticals.

Author: Jonathan Faull
Publisher: Oxford University Press, USA
ISBN: 9780199269297
Category : Law
Languages : en
Pages : 1844

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Book Description
The new edition of this leading work builds upon the success of the first edition by adding new chapters on modernization, cartels, state aids, and motor vehicle distribution agreements, as well as expanding the analysis of mergers. The existing strengths are also reinforced, and the book will be fully up to date with all of the key substantive, procedural and interpretative changes introduced up to autumn 2006, as well as the latest case law. The author team is entirely drawn from current or former members of the EC Commission's Directorate General for Competition, ensuring a uniquely in-depth working knowledge of the legislative regime and its application in practice.

Author: Ariel Ezrachi
Publisher: Bloomsbury Publishing
ISBN: 1782254803
Category : Law
Languages : en
Pages : 1061

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Book Description
This book is the fourth edition of a highly practical guide to the leading cases in European Competition Law. It explores the application of Article 101 TFEU, Article 102 TFEU and the European Merger Regulation, as well as the public and private enforcement of Competition Law. In addition, it reviews the intersection between Competition Law and Intellectual Property Rights and the application of Competition Law to State action. Each chapter outlines the relevant laws, regulations and guidelines for each topic. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. Endorsements: 'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.'Ali Nikpay, Gibson, Dunn & Crutcher LLP, Former Senior Director, Office of Fair Trading 'The study of EU Competition law requires the analysis and understanding of a number of increasingly complex European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book, now in its fourth edition, provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions' Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick 'The Guide is an invaluable tool for both students and practitioners. It provides a compact overview on the fundamental cases and highlights the essential problems in a clear and sharp analysis.' Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP 'This book is especially valuable to competition law specialists in Europe and abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation.' William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission

Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Category : Law
Languages : en
Pages : 1092

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Book Description
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Author: Thomas K. Cheng
Publisher: Oxford University Press
ISBN: 0192607391
Category : Law
Languages : en
Pages : 545

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Book Description
This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries. The book proposes a customized approach to competition law enforcement for developing countries, set against the background of the academic and policy debate concerning convergence of competition law. The implicit premise of convergence is that there may exist one, or a few, correct approaches to competition law enforcement, which in most cases emanate from developed jurisdictions, that are applicable to all. This book rejects this assumption and argues that developing countries ought to tailor competition law enforcement to their own economic and political circumstances. In particular, it suggests how competition law enforcement can better incorporate development concerns without causing undue dilution of its traditional focus on protecting consumer welfare. It proposes ways in which approaches to competition law enforcement need to be adjusted to reflect the special economic characteristics of developing country economies and the more limited enforcement capacity of developing country competition authorities. Finally, it also addresses the long-running debate concerning the desirability and viability of industrial policy for developing countries. The author would like to acknowledge the Research Grants Council of Hong Kong for its generous support. The work in this book was fully supported by a grant from the Research Grants Council of Hong Kong (Project No. HKU 742412H).

Author: Claus-Dieter Ehlermann
Publisher: Bloomsbury Publishing
ISBN: 1847310508
Category : Law
Languages : en
Pages : 714

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Book Description
The European Competition Law Annual 2003 is the eighth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The volume reproduces the materials of the roundtable debate that took place at the eighth Workshop and is dedicated to the question What is an Abuse of a Dominant Position?. It contains the usual mix of expert discussion and expert papers presented by the participants at this annual gathering of leading EU and international experts on competition law.

Author: Ingrid Margrethe Halvorsen Barlund
Publisher: Kluwer Law International B.V.
ISBN: 9403517255
Category : Law
Languages : en
Pages : 432

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Book Description
Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in European Union (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market. With thorough insight into the interaction between the Commission’s Leniency Notice and public and private enforcement, the author fully explains such aspects of the subject as the following: who is eligible for leniency; liability of an immunity recipient; the EU fining system; disclosure of leniency evidence; scope of public authorities reaching out to cartel infringers; the immunity recipient and follow-on damages claimants; the immunity recipient and subsequent leniency applicants; effect of the Damages Directive; and the European Economic Area dimension. The author offers cogent suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage. The author calls for increased harmonisation at national level in the EU and compares leniency practice in US antitrust law. As a comprehensive analysis of the practical application of current policy and procedure in EU cartel enforcement, the book clearly shows the ways in which the scope of leniency is manifest in the interaction between public and private enforcement, evaluating which interaction is most effective. Its practical character will be recognised and welcomed by competition law practitioners and policymakers, who will strengthen their grasp of leniency procedure and clearly discern implications for competition infringement cases.

Author: Alison Jones
Publisher: Oxford University Press, USA
ISBN: 0199572739
Category : Law
Languages : en
Pages : 1377

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Book Description
New to this edition: --

Author: Rosalind Kellaway
Publisher: Oxford University Press, USA
ISBN: 9780198757245
Category : Law
Languages : en
Pages : 0

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Book Description
This book provides a comprehensive practitioner guide to the new competition law framework in the UK, following the widespread and significant reforms introduced in April 2014 and brought about by the Enterprise Regulatory and Reform Act 2013 (ERRA 2013); and reforms brought about by the Consumer Rights Act 2015. It considers the "new politics" of UK competition law: the increasing re-politicization of competition policy in the UK, and how different elements of the regime (civil, criminal and administrative) interact. The book summarizes the existing regime, considering how it has fared since the Competition Act came into force in 2000. It considers the administrative enforcement regime, including institutional reform of the functions of the CMA, sectoral regulators, the Competition Appeal Tribunal (CAT) and the Secretary of State; and the enforcement process. It then covers the merger control regime, including fixed time limits, merger notice and information gathering powers, interim measures, due process, and remedies. It examines the powers and remit of the various sector regulators in terms of promoting competition and enforcing competition law, as well as the UK Competition Network and the wide-ranging remit of the FCA regarding financial services markets. It also analyses individual criminal liability, the cartel offence-both in its original form and as amended by the ERRA-and procedural issues. Finally, the book examines private enforcement, including the development of private competition litigation in the UK, the changes introduced by the Consumer Rights Act and the EU directive on damages actions for competition law infringements This is an essential guide to the new competition law framework in the UK, offering clear critical analysis as well as practical guidance on the full implications of these wide-ranging reforms.

Author: Damien Geradin
Publisher: OUP Oxford
ISBN: 0191637491
Category : Law
Languages : en
Pages : 916

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Book Description
This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.