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This Report, conducted within the framework of the United Nations Conference on Trade and Development, addresses the question of extraterritoriality (extraterritorial jurisdiction) in the area of competition law from the developing countries perspecitive. It examines whether or not domestic...
Persistent link: https://www.econbiz.de/10013310420
In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...
Persistent link: https://www.econbiz.de/10012990808
This is a time of passionate debate on the fundamental goals of competition law. Should there be a single overarching goal for all of competition law and policy? Should that goal be framed in purely economic terms? Should antitrust focus on protecting the competitive process, preventing unfair...
Persistent link: https://www.econbiz.de/10014261480
Against the background of growing discontent over excessive leniency of US and EU competition policy, this article argues that the policy displays characteristics corresponding to those that brought about the social capture of financial policy co-responsible for the late 2000s global crisis. The...
Persistent link: https://www.econbiz.de/10013238761
This on-line casebook examines the fields of international antitrust and international trade law. In general, it examines how the United States and other jurisdictions regulate competition among firms which do business abroad. This will include how competition policy regulates individuals and...
Persistent link: https://www.econbiz.de/10012718982
This paper deals with the application of the principle of 'ne bis in idem' in EC antitrust enforcement. The principle of 'ne bis in idem', laid down in Article 4 of Protocol 7 to the European Convention on Human Rights and in Article 50 of the Charter of Fundamental Rights of the European Union,...
Persistent link: https://www.econbiz.de/10014211856
The combination of leniency programmes, high sanctions, complaints from customers and private actions for damages, has proven very successful at uncovering and punishing cartel agreements in the US. Countless jurisdictions are being encouraged to adopt these 'conventional' enforcement tools, in...
Persistent link: https://www.econbiz.de/10014214192
There remains a broad conflict over the direction of future progress in international competition law. This conflict is exemplified by the very different tone and recommendation of expert commentators such as Judge Diane Wood and Eleanor Fox. This conflict is generally portrayed as a dichotomous...
Persistent link: https://www.econbiz.de/10014050843
The Chinese exchange rate policy is a hotly debated topic. Comments are heard from politicians, economists and lawyers alike, with fingers pointed at the Renminbi (RMB) undervaluation blaming it for job loss in the United States or for causing the credit crisis by creating global imbalances and...
Persistent link: https://www.econbiz.de/10013133851
Persistent link: https://www.econbiz.de/10013135200