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This chapter, prepared for the Oxford Handbook of Intellectual Property Law, surveys the intersection of competition law — or antitrust law, as it is known in the United States — with intellectual property (IP). It examines whether and how IP rights alter the substantive scope of antitrust...
Persistent link: https://www.econbiz.de/10012934047
It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United...
Persistent link: https://www.econbiz.de/10012934622
The article seeks to analyse some of the most relevant economic torts, so far as they apply to market activity, in the light of the 'right to trade'. From a political-constitutional perspective, the eminently utilitarian approach of statutory antitrust law is contrasted to the rights-based...
Persistent link: https://www.econbiz.de/10013215391
While the issuing of loans to companies is a core functionality of modern banking, the size, or risk, of a request can exceed the limits, or appetite, of a single bank giving ground for syndication where the funding comes from a collegium of lenders. This not only provides better risk...
Persistent link: https://www.econbiz.de/10013225982
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With its "Digital Regulation" package, comprising the Data Act, the Digital Markets Act, the Digital Services Act and the Data Governance Act (hereinafter together the "Digital Regulation Acts"), the European Union is currently establishing various obligations to grant access to digital data. EU...
Persistent link: https://www.econbiz.de/10013292106
Originally, anchoring labour rights to the existence of a personal relationship of subordination was functional to prevent the greater bargaining strength of the employed being disproportionately reflected in the terms and conditions regulating the provision of labour. This does not seem anymore...
Persistent link: https://www.econbiz.de/10013292174
This article examines the use of arbitration in competition law from Irish perspective, with a focus on the challenges faced by arbitrators operating in a jurisdiction where infringements of the competition rules can carry the weight of the criminal law and potentially lead to custodial sentences
Persistent link: https://www.econbiz.de/10013033231
This paper is concerned with the policy choices and trends related to the institutional design of competition law and regulatory enforcement. It focuses on the different architectures that seek to reconcile and bring together the tools used to regulate the behaviour of undertakings ex ante and...
Persistent link: https://www.econbiz.de/10013214379
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