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Leniency applicants take on significant risks by self-reporting behaviors that may constitute competition law violations.To balance these risks, the requirements for conditional immunity should be set fairly by competition authorities, particularly when it comes to revoking immunity. This...
Persistent link: https://www.econbiz.de/10012923560
Competitor agreement not to solicit or hire each other's employees as well as agreements among competitors to poach a rival entity's key employees could be deemed as a violation of competition law principles (and in some jurisdictions, public policy doctrines).European and US jurisprudence shows...
Persistent link: https://www.econbiz.de/10012921375
Reverse payment agreements between patent-holding drug companies and their generic competitors have raised a conflict between patent law and competition law policies that is difficult to reconcile. The US Supreme Court decision in FTC v. Actavis is the first high court decision to have ruled on...
Persistent link: https://www.econbiz.de/10012921396
A range of legal regimes from employment law to corporate and securities law foresees a reduction or elimination of “enterprise liability” for organizations that can demonstrate the existence of “effective” internal compliance structures. The pervasiveness of corporate conduct codes and...
Persistent link: https://www.econbiz.de/10012922661
The increasing use of sector inquiries by competition agencies, including the Turkish Competition Authority, is a result of the fact that sector inquiries reveal the competitive dynamics of a given sector much better than the traditional competition law enforcement means. Pursuant to its...
Persistent link: https://www.econbiz.de/10012923442
The prevalent use of ‘‘most favored nation'' (MFN) clauses in commercial agreements has garnered significant attention in the economics and legal literature and by practitioners and enforcement agencies. From an antitrust standpoint, there is a strong consensus that while MFN provisions can...
Persistent link: https://www.econbiz.de/10012923577
With its more than a decade-long enforcement practice, Turkish competition law has undergone significant changes that could indicate a move towards converging with the European jurisdiction in many respects. In particular, the Turkish merger control regime has been introduced to a new...
Persistent link: https://www.econbiz.de/10012923643
The main objective of this article is to discuss the current approach adopted by the competition law authorities and relevant courts on the liability of service providers, such as independent consultants or data processors, in cases involving cartels. The question of service providers' liability...
Persistent link: https://www.econbiz.de/10012923648
A number of issues arise with regard to competition law and data protection, in particular in the online services context. For one, the relationship between competition law and privacy is yet to be fully understood and we discuss below the aspects of this conundrum: first, we look into the issue...
Persistent link: https://www.econbiz.de/10012923663
Developed economies have historically been a model for emerging market economies, particularly in the development and enforcement of competition laws. Modifications to competition law rules in developed economies, however, may not always be practical for emerging market economies to adopt....
Persistent link: https://www.econbiz.de/10012923690