On the Merits: Current Issues in Competition Law and Policy : Liber Amicorum Peter PlompenPaul Lugard, Leigh Hancher Intersentia nv, 2005 - 258 lappuses This collection of fifteen essays, already impressive in its range and depth of analysis, represents a considerable testament to the range and depth of Peter Plompen's expertise, his unique contribution to the development of European and national competition law (a.k.a. anti-trust law) and policy over the lively 25 years of his tenure at Philips. It furthermore provides an analysis at once fascinating and critical of a field of law, the very dynamics of which contribute to offer major challenges to all those involved in it and with it, whether they are policy makers, practitioners, enforcers or indeed 'consumers' - general or in-house counsel, as well as the final consumers of the products and services offered by their firms. Any attempt to capture and systematically analyze these dynamics - 'the shifting sands and troubled waters' - the 'remarkable journey towards convergence' - to borrow from the titles of just two of the contributions to this Liber is a complex intellectual endeavour and practical challenge in its own right. |
Saturs
AN INTRODUCTION LEIGH HANCHER | 1 |
Modernisation and Economic Analysis | 2 |
Competition in Innovation | 3 |
Patent Pools and the Speed of Development and Change | 5 |
Some Continuing Anomalies? | 6 |
Discrimination and Divergence | 9 |
Institutional Cooperation Convergence | 11 |
Institutional Design | 12 |
What is an Abuse? | 65 |
An Overview of Existing Caselaw Concerning Damage Claims | 80 |
Concluding Remarks | 86 |
Nature of Competition in Bidding Markets | 97 |
Conclusion | 116 |
The Modernisation Regulation | 123 |
Selected Issues of Convergence and Divergence | 145 |
Conclusion | 155 |
Some Brief Conclusions | 13 |
ON THE MERITS 25 YEARS OF PROGRESS IN COMPETITION POLICY A TRIBUTE TO PETER PLOMPEN PAUL LUGARD | 15 |
TWO HORSES PULLING THE SAME CART LUC PEEPERKORN and EMIL PAULIS | 17 |
Some History | 18 |
Some Economics | 20 |
The Goal of Competition Policy | 24 |
Conclusion | 27 |
THE CASE LAW ON PHARMACEUTICALS | 31 |
Case Law in the Pharmaceutical Sector | 37 |
Conclusion | 48 |
A Communication | 56 |
A Cautionary Tale | 62 |
Economic Analysis | 162 |
The Need for Greater Interagency Cooperation | 170 |
Business Concerns Surrounding Interagency Information Exchange | 176 |
Conclusion | 184 |
TO JUSTICE FROM THE EUROPEAN CONVENTION ON HUMAN | 187 |
Remedy Principles under Community Law | 193 |
Critical Selfassessment Institutional Improvement | 199 |
Conclusion | 216 |
Part II | 232 |
Concluding Remarks | 246 |
Bieži izmantoti vārdi un frāzes
agencies agreements analysis anticompetitive antitrust laws application of Article Arch Coal Article 81 bidding markets block exemption regulation cartel Cartel Investigations cited collective dominance Commission's companies competing competition authorities competition in innovation competition policy competition rules competitors concentration concerns conglomerate mergers consumers coordinated interaction cost customers dominant position EC competition law economic efficiencies Europe European European Commission example firms foreclosure framework horizontal mergers incentive industry information exchange intellectual property international cartel issue joint venture jurisdictions Justice market power market shares merger control Merger Guidelines merging parties Michelin monopoly national courts OECD patent pools Peter Plompen pipeline products players pool license potential practices private enforcement product market prohibition protection R&D co-operation rebates relevant market result rivals sector significant social market economy standard suppliers tender Tetra Laval tion transactions Treaty Trinko UNICE vertical agreements vertical restraints win and loss