Competition Law in the EU and the Netherlands: a Practical Guide PDF Download

Author: Jules Stuyck
Publisher:
ISBN: 9789026837050
Category :
Languages : en
Pages : 344

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Author: Tom Ottervanger
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 334

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Book Description
This second edition of Competition Law of the European Union and the Netherlands: an overview, is a complete revision and update of an earlier publication of 1998, published shortly after the introduction of the Dutch Competition Act. Competition law is of vital importance for all major strategic business decisions and for all corporate and MandA transactions. This book is a comprehensive analysis of the EC and Dutch rules and practises in this area of the law. It is only a matter of size of the parties and of the transaction whether the EU or Dutch rules apply. This is the primary reason for discussing both sets of rules in one publication. The other reason is that the EC rules and practices are a major source of inspiration for the Dutch legislator, regulator and the courts.

Author: Marc Veenbrink
Publisher: Kluwer Law International B.V.
ISBN: 9403514418
Category : Law
Languages : en
Pages : 506

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Book Description
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236

Author: Rogier W. De Vrey
Publisher: BRILL
ISBN: 9004150404
Category : Law
Languages : en
Pages : 399

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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: Johan W. van de Gronden
Publisher: Edward Elgar Publishing
ISBN: 1788974751
Category : Law
Languages : en
Pages : 500

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Book Description
This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also emphasises the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks.

Author: Floris O. W. Vogelaar
Publisher:
ISBN: 9789027152381
Category : Antitrust law
Languages : en
Pages : 328

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Author: Anne Looijestijn-Clearie
Publisher: Cambridge Scholars Publishing
ISBN: 1443891495
Category : Law
Languages : en
Pages : 205

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Book Description
The role of the EU competition law rules in shaping the EU Internal Market can hardly be overstated. The EU substantive rules dealing with cartels, abuse of dominance and State aid have ensured, in the past decades, a much desired unity of the law applied in the diverse European markets. Yet, much of the success of the EU competition law provisions depends on its practical enforcement. The proliferation of competition law enforcement, especially since 2004, stands testimony in this respect. However, this has not come without challenges. In this context, this book aims to critically discuss certain key elements relating to the domestic enforcement of the said rules, in order to place the discussion of further boosting this enforcement exercise in the correct context. This book aims, in this respect, to find an answer to the following question: to what extent would boosting the domestic enforcement of the EU competition law rules aid the ambition of more forceful, better targeted and more resource-efficient EU competition law enforcement in the Internal Market? Topics such as the following are discussed in the contributions included in this book: the sufficiency of the enforcement toolbox of national competition authorities, the interaction between fundamental rights and competition law, and the duties of domestic bodies in this context.

Author: Johann Eekhoff
Publisher: Springer Science & Business Media
ISBN: 3540247122
Category : Business & Economics
Languages : en
Pages : 255

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Book Description
The modern industrial states desperately need more competition in order to generate growth and employment. Although the European Union pushed its member states to open several sectors to competition, there is much left to be done. At the same time powerful interest groups try to avoid or to reduce competition on European labour markets, in the health systems, in the transport and energy sector, in public services, and in many other areas. This book shows that there is much to be gained from intensifying competition and that especially consumers would benefit. One task is to lay a sound basis for the application of competition. The other task is to implement and guarantee competition. The authors cover both issues.

Author: Tom Ottervanger
Publisher: Springer
ISBN: 9789041105776
Category : Law
Languages : en
Pages : 0

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Book Description
On 1 January 1998, The Netherlands moved into line with the European Community (EC) competition rules by introducing a new Competition Act, including a system of merger control. Belgium's Competition Act, entered into force on 1 April 1993, Is almost a literal copy of the EC competition rules. EC law has been and will continue to be a major source For The interpretation of both Dutch and Belgian competition legislation. This book describes the substantive and procedural aspects of all three regimes, with special emphasis on EC law. it serves as a valuable preparatory mechanism for businesspeople active in the Netherlands and Belgium, and their professional advisors who will often find themselves confronted with the possible application of all three systems.

Author: Michael Frese
Publisher: Bloomsbury Publishing
ISBN: 1782253815
Category : Law
Languages : en
Pages : 314

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Book Description
In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently the enforcement of EU competition law has become less centralised - many would say even decentralised. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes. This combination of decentralisation and enforcement autonomy raises questions about the relationship between EU law and national law, as well as about the costs of enforcement. This new book links these questions by analysing how competences in the area of sanctions are distributed between EU and national law, and how this influences the costs of enforcement. The author's conclusions, which highlight the economic implications of the choices made by competition authorities, courts and legislators, will be of use to all the above in further developing EU competition policy. The PhD thesis on which this book is based was declared runner-up in the 2013 Concurrences Awards.