Handbook of Research in Trans-Atlantic Antitrust

Pirmais vāks
Philip Marsden
Edward Elgar Publishing, 2008. gada 1. janv. - 800 lappuses
The book is handsomely produced by Edward Elgar. . . The notes contain more than citations and are well worth reading. A welcome feature is that after each set of notes there is a list of the most important writings on the topic followed by a list of the

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the Oracle case
1
harmonious dissonance
16
a selected international comparison
41
4 Tweedledum and Tweedledee? Regime dynamics in US and EC merger control
72
5 A transatlantic assessment of the evolving use of behavioural merger remedies
108
Tetra Laval GEHoneywell and the convergence toward US standards
153
a transAtlantic comparison
195
EC and US antitrust law compared
236
16 Issues relating to the enforcement and application of criminal laws in respect of competition
466
a North Atlantic treaty alliance against cartels?
493
18 Lessons learned from the US experience in private enforcement of competition laws
515
advocacy reports and studies as instruments of competition policy
541
opening antitrust to the public why more European Union Court and Commission documents and hearings should no longer be secret
552
thoughts on consumer welfare in the US
566
22 Competition enforcement and consumers
594
23 The distributional consequences of antitrust
605

a transatlantic perspective
287
10 Abuse of dominance enforcement under Latin American competition laws
319
the US influence on the development of the regulatory framework for IP licensing in the EC
335
a Federal Trade Commission perspective
356
when why and how is it applied in EU and US law?
398
retrospect and prospects
414
towards a transatlantic open aviation area
444
a pragmatic view on cooperation convergence and what is in between
622
25 Bilateral enforcement cooperation agreements
641
26 An antitrust analysis of the World Trade Organizations decision in the USMexico arbitration on telecommunications services
679
North American origins European practice
718
28 Competition policies in Latin America postWashington Consensus
732
Index
759
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302. lappuse - ... making the conclusion of. contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
454. lappuse - Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks. They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.
246. lappuse - In the absence of any purpose to create or maintain a monopoly, the act does not restrict the long recognized right of trader or manufacturer engaged in an entirely private business, freely to exercise his own independent discretion as to parties with whom he will deal; and of course, he may announce in advance the circumstances under which he will refuse to sell.
73. lappuse - ... where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition...
265. lappuse - Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market in so far as it may affect trade between Member States.
190. lappuse - The reviewing court shall: (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (a) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law...
267. lappuse - United States v. Grinnell Corp., 384 US 563, 571, 576 (1966).* Mr. Justice DOUGLAS: The offense of monopoly under § 2 of the Sherman Act has two elements: (1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.
249. lappuse - Articles 85 and 86, it follows that an undertaking which has a dominant position in the market in raw materials and which, with the object of reserving such raw material for manufacturing its own derivatives, refuses to supply a customer, which is itself a manufacturer of these derivatives, and therefore risks eliminating all competition on the part of this customer, is abusing its dominant position within the meaning of Article 86.
178. lappuse - ... it will ordinarily be enough that the plaintiff has raised questions going to the merits so serious, substantial, difficult and doubtful, as to make them a fair ground for litigation and thus for more deliberate investigation.
254. lappuse - Co. was not motivated by efficiency concerns and that it was willing to sacrifice short-run benefits and consumer goodwill in exchange for a perceived long-run impact on its smaller...

Par autoru (2008)

Edited by Philip Marsden, Director, Competition Law Forum and Senior Research Fellow, British Institute of International and Comparative Law, UK

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