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This brief text is based on the commentary delivered by the authors at the 5th Annual Conference of the Global Competition Law Centre: The Commission's review of regulation 1/2003. (Brussels, 11 June 2009). The organisers of the conference invited the authors to take the role of "discussant" and...
Persistent link: https://www.econbiz.de/10014203819
These are the introduction and concluding remarks to an edited volume on Competition policy and regulation, recent developments in China, the US and Europe. The introduction to the volume sketches that the reason for writing a volume comparing China, the US and Europe is the recent enactment of...
Persistent link: https://www.econbiz.de/10014163432
The law on international trademark disputes is founded on a precedent from 1952. Steele v. Bulova Watch Co. is the first and only Supreme Court decision on the question of how far the Lanham Act should be extended beyond the US’s national borders when an international infringement is at issue....
Persistent link: https://www.econbiz.de/10014120509
The possibility to seek and obtain injunctions for the infringement of Standard Essential Patents (SEPs) is limited in both the US and the EU. The reasons for restricting the use of injunctions is due to concern of patent holdup, i.e. the possibility of SEP holder to force standard-implementers...
Persistent link: https://www.econbiz.de/10014121182
This paper examines three, intertwined questions arising from recent case law on global FRAND licences under threat of injunction. Firstly, whether the obligation of an implementer to enter into a global licence of all the SEP owner’s relevant SEPs on pain of a national injunction is...
Persistent link: https://www.econbiz.de/10014084635
Description and analysis of the ECJ's case-law on the interpretation and validity of jurisdiction clauses in the context of antitrust private enforcement actions, in light of its Judgment of 24 October 2018, Apple (C-595/17) EU:C:2018:854
Persistent link: https://www.econbiz.de/10014110274
Transparency in EU Public Procurement regime can be divided into advertising obligations under the EU Procurement Directives and access to documents under national laws of Member States. Due to limited EU rules on post-award transparency the disclosure rules are subject to national laws. Here...
Persistent link: https://www.econbiz.de/10014110857
The purpose of this document is to assess two questions that have a positive and normative nature respectively: 1) What incentives does the legal and institutional framework of the European Community (EC) and the United States (Federal level) provide to the different agents involved in antitrust...
Persistent link: https://www.econbiz.de/10013021681
An important component of corporate governance is the regulation of significant transactions – mergers, acquisitions, and restructuring. This paper (a chapter in Oxford Handbook on Corporate Law and Governance, forthcoming) reviews how M&A and restructuring are regulated by corporate and...
Persistent link: https://www.econbiz.de/10013051345
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