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We proceed to a comparative analysis of the judicial scrutiny of financial penalties for competition law infringements in the following jurisdictions: European Union, United States, Germany, United Kingdom and France
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Within the tool-box developed by originator companies in order to prepare and respond to generic entry, a prominent position must be recognized to a category of patent strategies particularly controversial under antitrust scrutiny, i.e. patent settlement agreements, in particular in the form of...
Persistent link: https://www.econbiz.de/10012943581
Both anti-corruption law and anti-trust law aim to create a level playing field and they are complementary to each other in support of this aim. Given the indispensable nature of both fields in terms of reaching social welfare, it is striking how differently society reacts to the breaching...
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As intellectual property rights have encountered an expansive trend throughout the world, the debate on the relation between IPRs and competition law has regained enormous attention.The discussion about whether antitrust law is (or should) be the most appropriate instrument to constraint an...
Persistent link: https://www.econbiz.de/10012752096
), moved tying doctrine in the direction to reduce error costs by bringing an overly prohibitory liability rule, which was … to establish anticompetitive harm and thus there should be no tying liability without substantial tied market foreclosure …
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The extent to which market participants are in a competitive relationship constitutes a key element both in competition law and in international economic law. Competition law practice has developed refined economic instruments designed to define relevant markets on the basis of demand...
Persistent link: https://www.econbiz.de/10014178458
Web-based businesses have become potential targets of antitrust concerns across the world with the proliferation of information, the growth of internet-related businesses and over two billion users of the internet worldwide as of the end of 2011. As a result of the use of this exponentially...
Persistent link: https://www.econbiz.de/10014118486
Ten years ago, EU Competition law transitioned from a system of centralized enforcement managed by the European Commission to a decentralized domain regulated by multiple institutional actors situated at both national and supranational level. With this development, the need for usage of...
Persistent link: https://www.econbiz.de/10012977201
The last year has been ripe with antitrust authorities issuing (and withdrawing) guidance on their approach to evaluating practices of abuse of dominance. Canada's Competition Bureau is no exception with its January 2009 release of revised guidelines on the abuse of dominance provisions...
Persistent link: https://www.econbiz.de/10014207338