Among the crucial issues investigated are the following: - the costs of absorbing a new technology; - distinct and evolving national competition policies and the fabric of world trade; - extraterritorial enforcement and cooperation agreements; - criteria for 'material injury' in international trade rules; - collusive technology transfer barriers; - the re-emergence of transnational cartels; and - the tendency of anti-dumping rules to foster cartelization. The major competiti policy issues on the international agenda - the harmonization of national policies and...
Among the crucial issues investigated are the following: - the costs of absorbing a new technology; - distinct and evolving national competiti...
When major suppliers independently (or otherwise) perceive that they can collectively control the market price of a product, is it collusion? Not necessarily. Yet for consumers this interdependent pricingvariously called tacit collusion, or conscious parallellismis experienced precisely as collusion would be experienced. This kind of oligopolistic market distortion, though clearly illegal in the intent of all antitrust and competition lawand just as clearly rampant in todays globalised trading systemusually succeeds in evading existing legislation. Antitrust authorities encounter great...
When major suppliers independently (or otherwise) perceive that they can collectively control the market price of a product, is it collusion? Not nece...
In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved. The Future Development of Competition Framework presents papers and speeches by...
In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a majo...
The authors show how basic principlesand#8212;such as protection of the rights of the defence, legal certainty, and proper conduct of the procedureand#8212;facilitate the application of the doctrines of effectiveness and non-discrimination to those elements of the national procedure which impede in some manner the effective enforcement of Articles 81 and 82 EC. Their in-depth analysis ranges over procedural aspects of such elements as rules of evidence, costs, expert testimony, injunctions, burden of proof, limitations, and forms of compensation, ultimately leading them to propose clear...
The authors show how basic principlesand#8212;such as protection of the rights of the defence, legal certainty, and proper conduct of the procedur...
Merger control constitutes a well-established pillar of EU competition law. However, the drafters of the Community competition merger legislation, in view of the need to attain the imperative goal of market integration, put more emphasis on the clarification of the substantive rules applied by the Commission through enhancing its supervisory powers than on the necessity for protecting the defendant parties or any involved third parties in merger proceedings. Here for the first time is an in-depth analysis of the rights of notifying parties and third parties in merger proceedings, as reflected...
Merger control constitutes a well-established pillar of EU competition law. However, the drafters of the Community competition merger legislation, in ...
As of October 2008, liner shipping companies lose their privileged status under EU competition law due to withdrawal of the liner conference block exemption, which generously authorized horizontal price-fixing and similar agreements between liner shipping companies. Where the liner consortia block exemption does not apply, all cooperative activity should be carefully and individually assessed under the competition provisions of the EC Treaty. Alla Pozdnakova has taken this opportunity to research and write an in-depth study of competition law problems in the liner shipping context. Her...
As of October 2008, liner shipping companies lose their privileged status under EU competition law due to withdrawal of the liner conference block exe...
While the global trade regime has made significant strides in eliminating tariffs and other barriers to free trade, it has yet to develop a consistent and enforceable antitrust and competition policy that combats monopolies, cartels, and other private arrangements that continue to hamper equitable access to the world's goods and services. This book takes a giant step toward achieving this goal. Based on a conference of national authorities and leading scholars in antitrust and competition law and policy, Competition Policy in the Global Trading System: Perspectives from the EU, Japan...
While the global trade regime has made significant strides in eliminating tariffs and other barriers to free trade, it has yet to develop a consistent...
Everyone recognizes that competition is the process by which companies are induced to offer consumers the lowest prices and introduce innovations to earn higher profits. Antitrust enforcement should focus on real competition problems, on behaviour that has actual or likely restrictive effects on the market, and which harms consumers; it should be aimed at protecting competition and not competitors. A real revolution in the application of European competition law took place with the modernization package implemented in the last few years, involving the now-decentralized application...
Everyone recognizes that competition is the process by which companies are induced to offer consumers the lowest prices and introduce innova...
