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Author: Giandomenico Majone Publisher: Routledge ISBN: 113476457X Category : Political Science Languages : en Pages : 336
Book Description
Regulating Europe explains why economic and social regulation is rapidly becoming the new frontier of public policy and public administration in Europe, both at the national and EU levels. Statutory regulation, implemented by independent regulatory bodies, is replacing not only older forms of state intervention but also, to some extent, the redistributive policies of the welfare state. Thus Regulating Europe is an examiniation of the emergence of the regulatory state as the successor of the Keynesian welfare state of the past. Contributions emphasize the parallelism of policy developments at the national and European levels. Part one provides the necessary theoretical background, including a new model of demand and supply of Community regulation. The second part presents a series of case studies of particular regulatory policies and institutions in the UK, Germany, France, Spain and the EU. Part three evaluates current policy and institutional developments, pointing out how the lack of a tradition of statutory regulation in Europe affects the design of the new institutions. Special attention is devoted to the issue of the democratic accountability of expert, politically independent agencies - a problem which, contrary to widespread opinion, is as severe at the national level as it is in Brussels. It is suggested that the requirements of democratic accountability, and of subsidiarity, cannot be met by re-nationalizing European policies, much less by increasing the current level of centralization. A more promising solution is the development of regulatory networks closely integrating national and supranational regulators.
Author: Giandomenico Majone Publisher: Routledge ISBN: 113476457X Category : Political Science Languages : en Pages : 336
Book Description
Regulating Europe explains why economic and social regulation is rapidly becoming the new frontier of public policy and public administration in Europe, both at the national and EU levels. Statutory regulation, implemented by independent regulatory bodies, is replacing not only older forms of state intervention but also, to some extent, the redistributive policies of the welfare state. Thus Regulating Europe is an examiniation of the emergence of the regulatory state as the successor of the Keynesian welfare state of the past. Contributions emphasize the parallelism of policy developments at the national and European levels. Part one provides the necessary theoretical background, including a new model of demand and supply of Community regulation. The second part presents a series of case studies of particular regulatory policies and institutions in the UK, Germany, France, Spain and the EU. Part three evaluates current policy and institutional developments, pointing out how the lack of a tradition of statutory regulation in Europe affects the design of the new institutions. Special attention is devoted to the issue of the democratic accountability of expert, politically independent agencies - a problem which, contrary to widespread opinion, is as severe at the national level as it is in Brussels. It is suggested that the requirements of democratic accountability, and of subsidiarity, cannot be met by re-nationalizing European policies, much less by increasing the current level of centralization. A more promising solution is the development of regulatory networks closely integrating national and supranational regulators.
Author: Rogier W. De Vrey Publisher: BRILL ISBN: 9004150404 Category : Law Languages : en Pages : 399
Book Description
The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.
Author: Lúcio Tomé Feteira Publisher: Kluwer Law International B.V. ISBN: 9041156658 Category : Law Languages : en Pages : 558
Book Description
If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the exception to the convergence rule in Article 3(2) of Regulation 1/2003, and the consequent effect on both legal practice and policy issues. In this lucidly argued book, focusing on national competition provisions in Germany, France, Italy, and the United Kingdom that deal with such conduct, the author provides a detailed examination of how such considerations as the following are affected by Regulation 1/2003: - prohibition of abuse of economic dependence or superior bargaining power; - the particular susceptibility of long-term contracts; - prohibition of resale at a loss or below cost; - prohibition of boycott, unlawful pressures, threats, and other coercive tactics adopted by undertakings; and - the role of unfair competition law. The analysis follows a functional method of comparative legal analysis, reviewing the most relevant norms in the selected jurisdictions, particularly in what concerns their goals and function in the context of their respective legal systems. Special attention is paid to two specific sectors – the motor-vehicle and the retailing industries – which have most often triggered relevant legislation and case law in the jurisdictions covered. Legal scholarship in the field is also drawn upon. In its clarification of the meaning of Regulation 1/2003, this book allows practitioners to fully grasp its scope. The author's thorough, masterful analysis of the statutory framework of Article 3 of the regulation also reveals the variety of reasons why different Member States have different competition policies on the scope of the exception to the rule of convergence, and in this way provides lawyers, policymakers, and academics with welcome insights on how major EU jurisdictions apply European competition law.
Author: Thorsten Käseberg Publisher: Bloomsbury Publishing ISBN: 1847319572 Category : Law Languages : en Pages : 330
Book Description
For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
Author: John O. Haley Publisher: University of Washington Press ISBN: 0295998717 Category : Law Languages : en Pages : 264
Book Description
Antitrust in Germany and Japan presents an innovative, comparative analysis of the development and enforcement of two antitrust regimes, illustrating how each was shaped by American occupation strategies and policies following World War II. First imposed in 1947, the antitrust controls in Germany and Japan were the world’s first outside the United States. Those enacted in Japan continue in force, whereas in Germany, following a decade of debate, the occupation legislation was superseded in 1975 by the Law Against Restraints of Competition. This study explores the ironies and errors that led to the enactment of the German and Japanese statutes and emphasizes the unexpected degree of convergence that has occurred during the past fifty years through amendment and practice. It compares in detail the institutional structure and processes for the enforcement of antitrust controls as well as the system of remedies and sanctions available under each statute. It notes the debates in Germany and Japan over the effectiveness of statutes, particularly the still timely debate in 1970s Germany over a proposal for criminal sanctions. Antitrust in Germany and Japan reveals many unexpected and controversial similarities between the two antitrust regimes and demonstrates the extent to which American policy toward Germany determined American policy in Japan not only during presurrender planning but also throughout the occupation. It also challenges the prevailing view of the relative strength of antitrust controls in Germany relative to the weakness of antitrust in Japan. This book will be of interest to corporate lawyers as well as to legal historians and scholars of political economy.
Author: Anton Godt Publisher: Universitätsverlag Göttingen ISBN: 3863955595 Category : Languages : en Pages : 283
Book Description
The study outlines the status quo of international cooperation in competition law matters. This is done by examining, in chronological order, the various approaches of the many multi- and bi-lateral international agreements that have attempted to solve the problems of competition law (WTO, GATT, etc.). Subsequently, the focus of this thesis is on the analysis of bilateral trade agreements. Within the framework of this analysis, the potential of trade agreements for competition law cooperation is to be shown. For this reason, only those bilateral trade agreements are analyzed that deal with the topic of regulatory cooperation in competition law in specially provided competition chapters. In doing so, the different stages of cooperation will be analyzed along the different integration phases of any trade agreements. The highest form of trade agreement integration – customs unions – will be dealt with separately, using the EU as an example.
Author: Peter-Tobias Stoll Publisher: BRILL ISBN: 9004145672 Category : Political Science Languages : en Pages : 945
Book Description
This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.
Author: Michel Waelbroeck Publisher: BRILL ISBN: 9004505784 Category : Law Languages : en Pages : 1102
Book Description
This prodigious resource responds superbly to the need for a detailed and comprehensive analysis of European competition law that covers theory and practice, public and private enterprise, rules and procedures, disputes and jurisprudence. With numerous case studies from the entire history of the EC, European Community Law analyzes all the EC Treaty provisions relating to competition, as well as their superstructure of regulations and directives. Published under the Transnational Publishers imprint.
Author: Xiaoye Wang Publisher: Edward Elgar Publishing ISBN: 1781952507 Category : Law Languages : en Pages : 499
Book Description
China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China's AML to the international community through a collection of e
Author: Giandomenico Majone
Author: Giandomenico Majone
Author: Rogier W. De Vrey
Author: Lúcio Tomé Feteira
Author: Thorsten Käseberg
Author: John O. Haley
Author: Anton Godt
Author: Peter-Tobias Stoll
Author: Michel Waelbroeck
Author: H. Stephen Harris
Author: Xiaoye Wang