Описание: The purpose of this book is to set the different approaches taken by a number of countries and legal systems, small and large (the EU, the USA, Japan, Australia, Ireland, and Singapore) to show the legislative and judicial alternatives available to deal with problems raised between competition law and IPRs.
Описание: This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of ‘market separation’-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. ‘Market separation’ cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in ‘market separation’ cases and the Treaty requirements under the free movement provisions. In addition, it utilises ‘market separation’ cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing ‘market separation’ as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of ‘market separation’ under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.
Описание: The Interplay Between Competition Law and Intellectual Property provides for a comparative perspective - on an international basis - on the approaches of different systems between competition law and Intellectual Property (IP). Although competition law and IP are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's market-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems.
Автор: Julian Nowag, Marco Corradi Название: Intersections Between Corporate and Antitrust Law ISBN: 1108841872 ISBN-13(EAN): 9781108841870 Издательство: Cambridge Academ Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Recent public debate on common ownership by institutional investors has brought awareness to one of the many intersections between the corporate and antitrust worlds. But the interplay between these two fields dates back to the dawn of US antitrust. This volume shines a light on the often underplayed and misunderstood connections between antitrust and corporate law and finance. It offers a multi-disciplinary perspective on highly trending issues, such as parallel equity holdings, interlocking directorships, the anticompetitive effects of certain corporate governance arrangements, and the relationships between ESG and not-for profit activities with antitrust law. This edited collection brings together leading experts from across the US, Europe, and Asia and provides a cross-border perspective on alternative policy approaches for the field. This book is also available as Open Access on Cambridge Core.
Описание: This book explores the interface between competition law and market integration in the application of Article 102 TFEU, focussing on the notion of `market separation` - namely conduct that may hinder cross-border trade.
Описание: Schwemer investigates the regulation of the audiovisual and music sectors, two online markets that have been subject to scrutiny by the European institution, and offers a guide to the evolving landscape for multi-territorial access and licensing of copyrighted works. It will appeal to legal scholars, students, practitioners, and policy-makers.
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