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This paper examines the evolution of national competition (antitrust) policies and enforcement approaches vis-à-vis intellectual property rights (IPRs) and associated anti-competitive practices in major jurisdictions over the past several decades. It focuses especially on the underlying process...
Persistent link: https://www.econbiz.de/10011723874
The TRIPS Agreement allows WTO Members to enact and apply appropriate domestic competition law to address IPR-related anti-competitive practices. However, these flexibilities in the TRIPS Agreement do not provide any specific guidance for WTO Members. The application of domestic competition law...
Persistent link: https://www.econbiz.de/10014206546
The Soviet Union dissolved on December 26, 1991. This accelerated a trend toward both the development of market economies and competition law to protect those economies. No one could have predicted that within twenty years most of the world’s trading economies would have adopted recognizable...
Persistent link: https://www.econbiz.de/10014171417
The COVID-19 crisis have once again elevated one of the most contentious themes in competition law and economics, namely how to deal with excessive pricing and price gouging, to the global stage. Dramatic, sudden price hikes on essential medicines and medical supplies (a practice known as price...
Persistent link: https://www.econbiz.de/10013242728
The paper focuses on the issue of liberalisation of international civil aviation, examining how the law could accommodate a reform of the Chicago regime. It looks into the strengths and weaknesses of the most prominent legal options available to States to implement liberalisation, namely,...
Persistent link: https://www.econbiz.de/10014098006
What lessons can we learn from the financial crisis concerning the issues of systemic risk, firms too big to fail, and the income inequality in the United States today?In light of the public anger over the financial crisis and bailouts to firms deemed too big to fail, this Essay first addresses...
Persistent link: https://www.econbiz.de/10013131215
For criminal violations of the Sherman Act, although guided by federal sentencing guidelines, U.S. Department of Justice has great latitude in recommending corporate cartel fines to the federal courts, and its recommendations are nearly always determinative. In this paper, we analyze the...
Persistent link: https://www.econbiz.de/10013085647
This article identifies certain problems faced by parties to transnational merger transactions in view of the global proliferation in recent years of competition (and, specifically, merger review) laws. After considering the pros and cons of merger remedies (both structural and behavioral) that...
Persistent link: https://www.econbiz.de/10013159996
When they were discovered in 1999, the 16 vitamins cartels were probably the largest, most harmful, and harshest sanctioned international cartels of the late 20th century. Still today, the vitamins cartels are cited by antitrust authorities as the outstanding example of an enforcement action...
Persistent link: https://www.econbiz.de/10012725096
Persistent link: https://www.econbiz.de/10012725191