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Competition Law In Latin America

Author: Marcelo Calliari
Publisher:
ISBN: 9789041149770
Size: 45.21 MB
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In the past few years Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is the first book to offer an in-depth analysis of this complex scenario. At the heart of the presentation are seven chapters detailing the competition regimes of the most active national jurisdictions in the region - Argentina, Brazil, Chile, Colombia. Mexico, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Preceding these country-by-country analyses are more general chapters on the use of economic analysis and on the special field of the information and communications technology industry, as well as chapters on the working of competition law in countries with regulated markets and in the cluster of Central American countries. Topics addressed encompass the following and more: * relevant institutions and legislation; * cartel investigations; * unilateral conduct policies; * merger review; * international coordination; * enforcement; and * remedies. Each chapter includes analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The authors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in depth-approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where is it is going to, in Latin America.

Competition Law And Policy In Latin America

Author: Eleanor M Fox
Publisher: Bloomsbury Publishing
ISBN: 1847315291
Size: 37.48 MB
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This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

A Practical Guide To National Competition Rules Across Europe

Author: Marjorie Holmes
Publisher:
ISBN:
Size: 71.37 MB
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Over the last three years, the anti-trust environment in Europe has undergone major changes, as the so called process of modernisation gathers pace. In May 2004, the European Commission lost its exclusive jurisdiction to deal with restrictive agreements and dominance. As a result EU Member Statesand’ national competition authorities acquired the power to implement European competition rules, as embodied in Articles 81 and 82 of the EC Treaty. This decentralisation of power means that companies operating in several Member States must be aware of each jurisdictionsand’ relevant competition rules to ensure full compliance. Those wishing to complain about anti-competitive practices can now choose between different national competition authorities. Being able to identify the strengths and weaknesses of different competition regimes is therefore important for both those who wish to ensure compliance and those who want to complain about anti-competitive activities. However by and‘outsourcingand’ the burden of implementing the anti-trust rules, some wonder whether the EUand’s competition regime has taken a step closer to the US regime. Since 1 May 2004 we have been waiting for an explosion of cases in the national courts based on breaches of the competition rules. To date this has not happened. Is this because of obstacles such as the lack of treble damages, class actions and contingency fees? As a result of the above changes, advising on competition issues in Europe requires not only an understanding of the competition rules in each jurisdiction, but also an understanding of how the national courts deal with competition cases. The second edition of A Practical Guide to National Competition Rules across Europe aims to address these issues. Firstly it provides practical information on the competition regimes (including merger control) in each of the EU member states as well as Norway and Switzerland. Secondly it analyses the civil procedure rules in each jurisdiction and considers the extent to which competition litigation is likely to increase in the future. Each country chapter has been prepared by experienced competition lawyers. The second edition of the guide also includes a comparable analysis of the competition rules in Europe with those in other jurisdictions including Australia, Canada, Japan and the United States. Marjorie Holmes and Lesley Davey, both experienced competition lawyers from international law firm Reed Smith Richards Butler LLP, draw on the information provided in each of the country chapters to reach interesting and important conclusions and recommendations. Reviews of the First Edition and‘This book can be treated as a practical guide and a good one at thatand’ Stephen Glasper, Chambers, Sept/October 2004 and‘I commend this book for its contribution to the practical knowledge of the international competition law community as well as its assistance in attaining the and“holy grailand” of the harmonization of legal approaches to competition law issuesand’ Susan Yee-Kong, Ebsworth and& Ebsworth TPLJ 2004 (Australian Trade Practices Law Journal)

International Antitrust Law Policy Fordham Competition Law 2006

Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578232236
Size: 64.48 MB
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Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. None of the chapters are merely descriptive, all raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy. All chapters, if necessary, are revised and updated before publication. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The Annuals are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published.

The Foundations Of European Union Competition Law

Author: Renato Nazzini
Publisher: OUP Oxford
ISBN: 0191630128
Size: 59.72 MB
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Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the internal market. Its application in practice has been controversial with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, social welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex questions as to how abuses can be assessed and how a dominant position should be defined. This book addresses the conceptual problems underlying the tests to be applied under Article 102 in light of the objectives of EU competition law. Adopting an interdisciplinary approach, the book covers all the main issues relating to Article 102, including its objectives, its relationship with other principles and provisions of EU law, the criteria for the assessment of individual abusive practices, and the definition of dominance. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.

Competition Law

Author: Eugène Buttigieg
Publisher: Kluwer Law International B.V.
ISBN: 9041131191
Size: 32.38 MB
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Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of 'consumer welfare' with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field - comparing and contrasting two major systems of competition law - but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.

Liner Shipping And Eu Competition Law

Author: Alla Pozdnakova
Publisher: Kluwer Law International B.V.
ISBN: 9041127178
Size: 24.41 MB
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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 analysis is not only the first to examine the new European regime, and thus the most up-to-date study of the subject; it is in fact the first major independent study of how Articles 81 and 82 EC are construed and applied to the market conduct of liner shipping companies. In particular, the author addresses the following legal questions: * Does cooperation between liner shipping companies infringe Article 81(1) even if it does not entail hard-core restrictions of competition? * Can a cooperative arrangement between liner shipping companies claim that the efficiencies they produce outweigh the negative impact on competition (Article 81(3))? * When do certain market strategies of liner carriers become an abuse of a collective or individual dominant position (Article 82)? * Does parallel pricing behaviour infringe EC Treaty competition rules? Systematically, the author considers various market strategies of liner shipping companies and tests them as to their compatibility with EC Treaty competition provisions. In doing so, she thoroughly analyses European Commission decisions and judgments of the European courts, applying them authoritatively to the liner shipping sector. In this way, her book provides a well-structured account that clearly identifies the legal issues that liner shipping companies are likely to face once the special treatment traditionally allowed them is withdrawn. A summary of current and prospective developments in EU competition regulation and policy in liner shipping rounds up the analysis. Liner Shipping and EU Competition Law will be a unique and powerful resource for practitioners and policymakers as liner shipping companies restructure their agreements and market strategies to accommodate loss of the block exemption. It is also sure to become a definitive analysis of the legal identity of the liner shipping market sector under European competition law.

A Practical Guide To Trade Mark Law

Author: Amanda Michaels
Publisher: Sweet & Maxwell
ISBN: 9780421747609
Size: 55.47 MB
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Although the level of harmonization of European trade mark law is currently more advanced than other areas of IP, the effect of technological development - in particular the implications of the Internet - should have even further impact upon the law, both in the UK and Europe. To help the practitioner keep abreast of these developments, the third edition of this established text has been revised and expanded. Including coverage of all recent developments and case law that have occurred since the last edition, the work is full of useful examples and takes a practical case-study approach. An accompanying CD-ROM containing useful appendices is also included.

International Antitrust Law Policy Fordham Competition Law 2013

Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578233410
Size: 20.11 MB
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This volume contains articles and panel discussions delivered during the Fortieth Annual Fordham Competition Law Institute Conference on International Antitrust Law & Policy. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publication, where necessary. As a result, the reader receives up-to-date practical tips and important analyses of difficult policy issues. The annual volumes are an indispensable guide through the sea of international antitrust law. The Fordham Competition Law Proceedings are acknowledged as simply the most definitive US/EC annual analyses of antitrust/competition law published. Each annual edition sets out to explore and analyze the areas of antitrust/competition law that have had the most impact in that year. Recent "hot topics" include antitrust enforcement in Asia, Latin America: competition enforcement in the areas of telecommunications, media and information technology. All of the chapters raise questions of policy or discuss new developments and assess their significance and impact on antitrust and trade policy.