Revue suisse du droit international de la concurrence PDF Download

Author:
Publisher:
ISBN:
Category : Antitrust law (International law)
Languages : en
Pages : 164

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Author: Gordon Blanke
Publisher: Kluwer Law International B.V.
ISBN: 9041127607
Category : Law
Languages : en
Pages : 1052

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Book Description
EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.

Author: Cedric Ryngaert
Publisher: OUP Oxford
ISBN: 0191002216
Category : Law
Languages : en
Pages : 273

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Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applicatins of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Author:
Publisher:
ISBN:
Category : Energy policy
Languages : en
Pages : 974

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Author: Jurgen Basedow
Publisher: Bloomsbury Publishing
ISBN: 1847318886
Category : Law
Languages : en
Pages : 446

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Book Description
The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

Author:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 450

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Book Description

Author: Council of Europe/Conseil de L'Europe
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024713103
Category : Political Science
Languages : en
Pages : 712

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Book Description
This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.

Author:
Publisher:
ISBN:
Category : Arbitration and award, International
Languages : en
Pages : 392

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Author: Helen Papaconstantinou
Publisher: Routledge
ISBN: 1136084843
Category : Business & Economics
Languages : en
Pages : 177

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Book Description
This book examines the extent of free trade within the EEC and attempts to establish the conditions under which a State may operate in the Market through the medium of the undertakings which it controls. It discusses the ways in which Member States may tamper with free market forces without infringing the principle of free competition, and whether state liability can be established for such actions. It also assesses the separate liability of both public and private enterprises which operate under such a heavily state-regulated environment that a certain anti-competitive behaviour is virtually imposed upon them. The book concludes that the system as it operates is not as successful as it might be and that the Council of Ministers and the Commission should set guidelines for co-ordinated action in order to avoid national policies leading to a rejection of the free-market principle.

Author: Petar Sarcevic
Publisher: Walter de Gruyter
ISBN: 3866537158
Category : Law
Languages : en
Pages : 441

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Book Description
With articles by Katharina Boele-Woelki and Ronald H. van Ooik, Marc Fallon and Johan Meeusen and Maarit Jänterä-Jareborg, national reports from Canada, Russia, Belgium and China, reports on court decisions and news from The Hague, Rome and Washington as well as texts, materials and recent developments.