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The Historical Foundations Of Eu Competition Law

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The Historical Foundations of EU Competition Law

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The Historical Foundations of EU Competition Law by Kiran Klaus Patel,Heike Schweitzer Book Summary:

Shedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law at both the level of the European Economic Community and also at the level of major Member States of the EEC. The book examines several key themes including: the influence of national and international competition law on thedevelopment of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection ofcompetition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration. This volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe's construction, its hybrid institutional traits and its often unique substance.

EU Competition Law

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EU Competition Law by Alison Jones,Brenda Sufrin,Niamh Dunne Book Summary:

The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team. In this fast-paced subject area, the authors carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. Online resources: The text is accompanied by online resources containing: -An additional chapter on State Aid -Web links -Updates in the law

EU Competition Law and Economics

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EU Competition Law and Economics by Damien Geradin,Anne Layne-Farrar,Nicolas Petit Book Summary:

This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.

The Great Reversal

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The Great Reversal by Thomas Philippon Book Summary:

American markets, once a model for the world, are giving up on competition. Thomas Philippon blames the unchecked efforts of corporate lobbyists. Instead of earning profits by investing and innovating, powerful firms use political pressure to secure their advantages. The result is less efficient markets, leading to higher prices and lower wages.

Conceptual Foundations of Antitrust

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Conceptual Foundations of Antitrust by Oliver Black Book Summary:

This is a philosophical study of concepts that lie at the foundation of antitrust - a body of law and policy designed to promote or protect economic competition. Topics covered are: the nature of competition; the relation between competition and welfare; the distinction between per se rules and rules of reason; agreements; concerted practices; and the spectrum from independent action to collusion. Although there are many legal and economic books on antitrust, this is the first book devoted to the philosophical scrutiny of the concepts that underpin it. No prior knowledge of philosophy is presupposed. The book is primarily directed at students, theorists and practitioners of antitrust, but will also be useful to lawyers, economists, philosophers, political scientists and others who have an interest in the discipline.

The Normative Foundations of European Competition Law

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The Normative Foundations of European Competition Law by Oles Andriychuk Book Summary:

Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.

The Concept of Abuse in EU Competition Law

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The Concept of Abuse in EU Competition Law by Pinar Akman Book Summary:

The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and raises an important question of legitimacy. This book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, it establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.

The Origins of Informality

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The Origins of Informality by Charles B. Roger Book Summary:

"The Origins of Informality explores the phenomenon of informal international organizations. These bodies are involved in governing many of the most important issues we currently face, and differ significantly from the highly-legalized, formal organizations we have traditionally relied on. But, despite their evident importance, they remain poorly understood. This book develops a new approach to thinking about these puzzling institutions, presents new data revealing their extraordinary growth over time, and develops a novel theory about why states are creating them. The theory explains how states form preferences over the informality of international organization, and how the final designs get chosen through often contentious bargaining processes. This theory of institutional design then informs a more dynamic account of the rise of informality. This account explains how major shifts occurring within the domestic political arenas of powerful states-especially growing polarization and the rise of the regulatory state-have been projected outwards and reshaped the legal foundations of global governance. The book systematically tests this theory, quantitative and qualitatively, and presents detailed accounts of the forces behind some of the most important institutions in the global economy. It concludes with an analysis of the effectiveness of informal organizations, finding that many are likely to be less capable of addressing the complex challenges we presently confront"--

The Foundations of European Union Competition Law

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The Foundations of European Union Competition Law by Renato Nazzini Book Summary:

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.

The Foundations of EU Data Protection Law

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The Foundations of EU Data Protection Law by Orla Lynskey Book Summary:

A timely and innovative examination of the EU data protection regime, this book challenges existing assumptions about data protection and expounds a clear vision for the future of this crucial and contentious area of law.

Trademark and Unfair Competition Conflicts

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Trademark and Unfair Competition Conflicts by Tim W. Dornis Book Summary:

This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Fundamentals of European Civil Law

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Fundamentals of European Civil Law by M. Vranken Book Summary:

This book outlines the fundamentals of European civil law for readers more familiar with common law jurisdictions such as Australia, New Zealand, the UK and the US.This fully revised and updated second edition retains the successful structure of the first. The four chapters in Part A provide the general framework, covering the concept and method of comparative law, historical foundations, the concept of a civil code and codification, and the role of legislature and the judiciary. More specific and practical material is provided in Part B, with chapters on the law of contract, the law of tort, labour law, commercial law and court procedure. Part C looks to the future, examining differences between civil law and common law and the impact of the European Union.The focus throughout is on private law, particularly the civil laws of France and Germany, except where European Community law has made inroads into the (private) civil law. Each chapter thus incorporates the relevant materials on European Community law.

Blackstone's UK & EU Competition Documents

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Blackstone's UK & EU Competition Documents by Kirsty Middleton,Kirsty Dougan Book Summary:

Blackstone's Statutes have a 25-year tradition of trust and quality, and a rock-solid reputation for accuracy, reliability, and authority. Content is extensively reviewed to ensure a close map to courses. Blackstone's Statutes lead the market: consistently recommended by lecturers and relied on by students for exam and course use. Each title is: DT Trusted: ideal for exam use DT Practical: find what you need instantly DT Reliable: current, comprehensive coverage DT Relevant: content based on detailed market feedback Visit for accompanying online resources, including additional statutes and materials, video guides to reading and interpreting statutes, exam tips, and an interactive sample Act of Parliament.

A Framework for European Competition Law

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A Framework for European Competition Law by Christopher Townley Book Summary:

This book asks whether the current push to increase uniformity in substantive and procedural competition policy and enforcement in Europe, as well as in related institutional structures, is desirable. It focuses on European Union (EU) competition policy and enforcement (related to Articles 101 and 102 TFEU and the merger rules), the equivalent rules in the Member States, and the relationships between these different legal orders. Uniformity has many benefits; yet, the advantages of diversity are also legion, enabling more policy experimentation and innovation; and improving the ability to accommodate national preferences. Contrary to the overwhelming view of academics, practitioners and regulators in this area, the book argues that uniformity is insufficient and examines ways of achieving a better mix of uniformity and diversity (the EU's motto is 'United in Diversity'). To achieve this better mix, the book offers a new framework for European competition law: Co-ordinated Diversity. Finally, this book discusses whether Co-ordinated Diversity fits with the current legal order in the EU, as well as the EU constitutional settlement more generally, and suggests some ways that it might be made compatible with this order with relative ease. The book's impact could be significant: changing the results in individual cases; the way cases are argued; and what information is relevant. More importantly, it builds the theoretical foundations for fundamentally altering the way in which the EU and the Member States' competition authorities interact, allowing space for disagreement and uncertainty. The aim is to improve the effiiciency and effectiveness of competition policy-making and enforcement in Europe. It should also increase the legitimacy in this field (rebalancing towards the Member States). Co-ordinated Diversity provides a new way of seeing the EU that better blends difference, when this is demanded, with uniformity and its benefits, as necessary. A timely and ambitious work, this book will be read with interest by all practitioners and academics interested in EU competition law, as well as the related fields of political science and economics.

EU Competition Law

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EU Competition Law by Eleanor M. Fox,Damien Gerard Book Summary:

This clear and concise textbook presents EU competition law in political, economic and comparative context. It combines excerpts from key EU rulings with discussions of enforcement policy issues and comparisons with US antitrust cases. Untangling the complex set of factors driving individual outcomes, it is the perfect companion for any student or practitioner in the field.

EU Competition Law

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EU Competition Law by Ariel Ezrachi Book Summary:

"This book is designed as a working tool for the study and practice of European competition law ... This fifth edition focuses on Article 101 TFEU, Article 102 TFEU and the European merger regulation. In addition it explores the public and private enforcement of competition law, the intersection between intellectual property rights and competition law, the application of competition law to state action, and state aid control. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary."--

The Making of Competition Policy

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The Making of Competition Policy by Daniel A. Crane,Herbert Hovenkamp Book Summary:

This book provides edited selections of primary source material in the intellectual history of competition policy from Adam Smith to the present day. Chapters include classical theories of competition, the U.S. founding era, classicism and neoclassicism, progressivism, the New Deal, structuralism, the Chicago School, and post-Chicago theories. Although the focus is largely on Anglo-American sources, there is also a chapter on European Ordoliberalism, an influential school of thought in post-War Europe. Each chapter begins with a brief essay by one of the editors pulling together the important themes from the period under consideration.

Harmonisation of EU Competition Law Enforcement

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Harmonisation of EU Competition Law Enforcement by Jurgita Malinauskaite Book Summary:

This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.

Party Autonomy in Private International Law

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Party Autonomy in Private International Law by Alex Mills Book Summary:

Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Horizontal Agreements and Cartels in Eu Competition Law

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Horizontal Agreements and Cartels in Eu Competition Law by Filip Tuytschaever,Frank Wijckmans Book Summary:

Investigating, dissolving, and punishing cartels is increasingly a top priority for the European Commission and for national competition authorities. This work offers the most up-to-date and comprehensive examination of the substantive law and procedure of EU competition law as it applies to cartels as well as to other horizontal agreements. This unique work supplies the views of both private practitioners and public enforcers. The private practitioners discuss their day-to-day experience and share the insights which they believe their fellow-practitioners should be aware of. The public enforcers act in tandem with the private practitioners and add in their contribution the specific points of attention which they recommend practitioners should take into account. The work sets out the ways in which a cartel is defined and organized, how a cartel may be detected and investigated, the issue of liability for cartels (including parental and successor liability), the various sanctions available to investigating authorities, and the prospects for private enforcement and damages actions brought by victims of cartels. It addresses the procedure before the European Commission and the European Courts. Finally, the book deals with information exchanges (including an economic perspective), joint R&D agreements, specialization agreements and other common types of horizontal agreements like joint purchasing, joint selling and standardization. Containing practical advice for practitioners, overviews of the various stages of cartel enforcement, procedural checklists, analysis of the most recent legislation including the new EU damages directive, and written by authors with extensive experience in advising the Commission's legal service in relation to competition law, this is the most comprehensive text available on cartels in EU competition law.

Ex Post Economic Evaluation of Competition Policy

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Ex Post Economic Evaluation of Competition Policy by Fabienne Ilzkovitz Book Summary:

Competition authorities are increasingly interested in understanding the impact of their activities on markets and consumers. The goal is to improve competition policy rules and decision-making practices and to get robust evidence on the benefits of competition and competition policy for society as a whole. Discussions with competition authorities, practitioners and academics have shown the need to take stock of the experience gained in this field by the European Commission and to present it in an easily accessible way. The studies collected in this volume – prepared by senior Commission officials and competition policy experts – range from the ex post evaluation of specific policy interventions to the assessment of the broader impact of competition policy. The issues and topics examined include the following: objectives and scope of evaluations by the European Commission; description of counterfactual evaluation techniques used; conditions for a successful ex post evaluation of a competition policy intervention; a wide selection of individual cases covering a variety of economic sectors; applications in merger control, antitrust and State aid; direct benefits of competition policy interventions for consumers; deterrent effects of such interventions on market participants; and macroeconomic outcomes in terms of job creation, productivity and GDP growth. This matchless book assembles within a single volume all that is needed for competition policy analysts and practitioners to undertake ex post economic evaluations. While its collection of state-of-the-art ex post evaluation studies has a clear value for competition authorities, it is sure to be welcomed as well by competition law practitioners in the private sector, who will greatly appreciate the effort made to cast a critical eye on decisions taken in the past. Moreover, it allows for addressing some of the new challenges facing competition policymakers. Fabienne Ilzkovitz is Principal Advisor responsible for the economic evaluation of competition policy within the Directorate-General for Competition of the European Commission, and since 2014, she has coordinated various ex post evaluation projects in the Directorate-General. She is also Associate Professor of Economics in the Solvay Brussels School of Economics and Management at the Université Libre de Bruxelles, Belgium. Adriaan Dierx is Senior Expert on ex post economic evaluation within the Directorate-General for Competition of the European Commission. He has managed a number of studies aimed at assessing the economic impact of the European Commission’s competition policy interventions.

European Competition Policy

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European Competition Policy by Leon Brittan Book Summary:

Sir Leon Brittan, Vice President of the European Commission responsible for Competition Policy and Financial Institutions, gave a series of 13 lectures at the Centre for European Policy Studies in Brussels. This set of policy statements, produced by the Centre for European Policy Studies, has now been turned into a book. It sets out Sir Leon's views on the impact of the EC's competition policy on the following issues: financial services, transport, international relations, cohesion and the regions, postal services and telecommunications, the public sector and state aid.

The Many Constitutions of Europe

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The Many Constitutions of Europe by Suvi Sankari Book Summary:

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.

The Trade-mark Reporter

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The Trade-mark Reporter by N.A Book Summary:

Download or read The Trade-mark Reporter book by clicking button below to visit the book download website. There are multiple format available for you to choose (Pdf, ePub, Doc).

Law of the European Union

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Law of the European Union by Dr Trevor Redmond Book Summary:

Introduction to the core foundations of EU law, with relevant Irish examples and practices.

European Legal Methodology

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European Legal Methodology by Karl Riesenhuber Book Summary:

EU law is an autonomous legal system. It requires its own methodology, independent of the national traditions of the Member States. The contributions to this volume provide elements of a genuinely European legal method, discussing the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century, as well as the economic and comparative background. Core issues of legal methods-such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretization of general clauses, and judicial development of the law-are also analyzed. Furthermore, the temporal effects of EU directives and of judgments of the Court of Justice of the European Union raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives in particular raise special questions: what is their impact on the interpretation of national law, and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')? Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law, and competition law. They illustrate the general aspects of European legal methods with a view to specific applications, and they also reveal specific issues of methods which occur in these areas. Finally, legal methods from national perspectives of different Member States-namely France, Germany, Italy, Poland, Spain, and the UK-are examined. The book reveals the national traditions of legal methods and the national preconceptions, and it illustrates the application of EU legal methods in different national contexts. (Series: Ius Communitatis, Vol. 7) [Subject: European Law, Legal Methodology, Legal History, Comparative Law]

Moral Foundations of American Law

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Moral Foundations of American Law by Geoffrey C. Hazard (Jr.),Douglas W. Pinto (Jr.) Book Summary:

This excellent book is about Western morality as it interacts with law. It is not contrasting the moral foundations of American law with other value systems. Rather the authors examine the history and great diversity of Western thought, the substance of moral ideas. They range from the ancients to the new old order of the New World. Hazard and Pinto see the various voices articulating moral, political and legal thought as "pregnant with future relevance" for practical decision-making. Thus their approach is not relativistic, but mindful of alternatives and historical context. Hazard and Pinto have written a most thoughtful and stimulating study. -- Gerhard Casper, Professor of Law, Emeritus and President Emeritus, Stanford U. *** Beginning with the reality and challenge of modern Supreme Court confirmation hearings, Hazard and Pinto demonstrate the relationships and differences among law, morals, and politics. Hazard, a legal ethicist and scholar, and Pinto, a biblical historian, are a unique team. Their succinct and vital work draws from the wisdom of the ancients and the evolution of modern thought. Anyone concerned with the living law must understand its moral roots to sense when the old growth should be pruned and the new nurtured in light of evolving principles of liberty, equality, and morality. -- Michael Traynor, President Emeritus, American Law Institute *** In this concise meditation on the relationship between law and morality, one of our leading thinkers on law and the legal profession, himself the embodiment of Aristotelian "practical wisdom" (arete), takes us on a most engaging tour of our intellectual and moral heritage, helping us to understand the moral foundations of our modern legal system and the language of the law. I commend this book to any interested reader and particularly to non-lawyers who may not have considered how deeply and mysteriously intertwined our legal rules are with religious belief and historical origins. -- David F. Levi, Dean and Professor of Law, Duke U. School of Law *** This is an unstuffy and lively account of fundamental values in American, and indeed Western, public and civic life. The whole historical background is presented both clearly and comprehensively. This attractively succinct book deserves to be read by all who are interested in our public life. The writing is so incisive and compelling that I read this book in a single sitting. -- Neil H. Andrews, Professor of Civil Justice and Private Law, U. of Cambridge

Competition Enforcement and Procedure

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Competition Enforcement and Procedure by Renato Nazzini Book Summary:

The problem of concurrent proceedings is a highly topical one, as public administrative enforcement in many jurisdictions escalates, with record-breaking fines. This book was the first to examine and explain the procedural complexities of concurrent proceedings in competition law, focusing on parallel or sequential administrative, criminal, and civil proceedings. The book begins with an analysis of the legal framework, including concurrent enforcement of competition law, administrative and judicial proceedings, as well as an overview of the relevant legal principles. The second part discusses the interplay between administrative, civil, and criminal proceedings, including stays, the effect of administrative decisions, disclosure and admissibility of evidence, and the criminalization of cartels. The third part deals with international commercial arbitration, covering arbitration of competition law disputes in the European Community and the US, and arbitration and concurrent proceedings. The fourth part evaluates the tactical implications of concurrent proceedings, and leniency and concurrency. Fully revised and updated with developments in jurisprudence across the US, UK, and EU, this is the most comprehensive and authoritative practitioner guide to this fast-moving and complex area of law.

Texas International Law Journal

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Texas International Law Journal by N.A Book Summary:

Download or read Texas International Law Journal book by clicking button below to visit the book download website. There are multiple format available for you to choose (Pdf, ePub, Doc).

The Foundations of the Aarhus Convention

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The Foundations of the Aarhus Convention by Emily Barritt Book Summary:

This important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, and praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character? This book digs deep into the foundations of the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental rights, democracy and stewardship. In so doing, it contributes to our understanding both of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions.

The Cambridge Companion to European Union Private Law

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The Cambridge Companion to European Union Private Law by Christian Twigg-Flesner Book Summary:

The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.

State Aid Law of the European Union

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State Aid Law of the European Union by Claire Micheau Book Summary:

Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practicing lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernization reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defense instruments, including WTO subsidy law and EU anti-subsidy law.

EU Climate Policy Explained

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EU Climate Policy Explained by Jos Delbeke,Peter Vis Book Summary:

The EU has been the region of the world where the most climate policies have been implemented, and where practical policy experimentation in the field of the environment and climate change has been taking place at a rapid pace over the last twenty-five years. This has led to considerable success in reducing pollution, decoupling emissions from economic growth and fostering global technological leadership. The objective of the book is to explain the EU's climate policies in an accessible way, to demonstrate the step-by-step approach that has been used to develop these policies, and the ways in which they have been tested and further improved in the light of experience. The book shows that there is no single policy instrument that can bring down greenhouse gas emissions, but the challenge has been to put a jigsaw of policy instruments together that is coherent, delivers emissions reductions, and is cost-effective. The book differs from existing books by the fact it covers the EU's emissions trading system, the energy sector and other economic sectors, including their development in the context of international climate policy. Set against the backdrop of the 2015 UN Climate Change conference in Paris, this accessible book will be of great relevance to students, scholars and policy makers alike.

The Foundations of European Private Law

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The Foundations of European Private Law by Roger Brownsword,Hans W Micklitz,Leone Niglia,Stephen Weatherill Book Summary:

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

Competition Law and Consumer Protection

The Historical Foundations Of Eu Competition Law [Pdf/ePub] eBook

Competition Law and Consumer Protection by Katalin Judit Cseres Book Summary:

The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.

Sports Law and Policy in the European Union

The Historical Foundations Of Eu Competition Law [Pdf/ePub] eBook

Sports Law and Policy in the European Union by Richard Parrish Book Summary:

Investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other European Court of Justice decisions, the relationship between sport and EU competition law, the organization of sport, and the relationship between sport and the EU Treaty.

Manufacturing Rationality

The Historical Foundations Of Eu Competition Law [Pdf/ePub] eBook

Manufacturing Rationality by Yehouda A. Shenhav Book Summary:

Through careful analysis of contemporary records in the engineering profession, the author shows how management invented itself and carved its own domain in the face of hostility and resistance from both manufacturers and workers. The book demonstrates how the new language and rhetoric of management emerged, and how it confronted and replaced the language of traditional capitalism: "system" instead of "individuals"; "jobs" instead of "natural rights"; "planning" instead of "free initiatives".

Choice - A New Standard for Competition Law Analysis?

The Historical Foundations Of Eu Competition Law [Pdf/ePub] eBook

Choice - A New Standard for Competition Law Analysis? by Professor of Law Paul Nihoul,Nicolas Charbit,Elisa Ramundo Book Summary:

In this book, ten prominent authors offer eleven contributions that provide their varying perspectives on the subject of consumer choice in the EU, Member States, and in the US. Various aspects of consumer choice are covered, such as the concept of freedom of choice in the application of EU competition law; the antitrust enforcement application of consumer choice by agencies; the historical origin of consumer choice as a concept grounded in German ordoliberalism; the economic approach adopted as well as the use of consumer welfare and consumer choice in EU competition law to reconcile it with intellectual property law; consumer choice as a mean to facilitate convergence between US antitrust law and EU competition law, etc. This volume offers readers an exhaustive and multifaceted discussion of the crucial concept of consumer choice and its relevance for modern competition law.

Cases, Materials and Text on Property Law

The Historical Foundations Of Eu Competition Law [Pdf/ePub] eBook

Cases, Materials and Text on Property Law by Sjef van Erp,Bram Akkermans Book Summary:

This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.