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The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...
Persistent link: https://www.econbiz.de/10014198798
This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...
Persistent link: https://www.econbiz.de/10014213178
the antitrust risk for all forms of coordination, including arrangements of the type found in the IEEE-SA updated patent … policy. This paper explains that the antitrust risk generated by SSOs rate setting policies is presumably higher in the EU …
Persistent link: https://www.econbiz.de/10014128859
A substantial number of cartels in the European Union are detected and enforced by the national competition authorities (NCAs). The effectiveness of domestic enforcement has been subject to extensive review and debates, which have recently culminated and resulted in the proposal for the ECN+...
Persistent link: https://www.econbiz.de/10012868781
The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...
Persistent link: https://www.econbiz.de/10013134375
post-merger R&D efforts (including lower expenditure). SIEIC is distinct from the mainstream unilateral effects theory of … analysis lies a fundamental question of competition theory: under what conditions can variations of existing economic models be … applied in merger cases? This paper is divided into three sections. In Section I, the SIEIC theory of harm is described and …
Persistent link: https://www.econbiz.de/10012852989
Following the Jussila and Menarini judgments, it is now entirely clear that Article 6 ECHR, as interpreted by the European Court of Human Rights, provides no grounds for abandoning the system in which the European Commission both investigates suspected infringements of the EU antitrust...
Persistent link: https://www.econbiz.de/10013061910
Persistent link: https://www.econbiz.de/10013001423
This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable...
Persistent link: https://www.econbiz.de/10014102075
is perhaps the common assumption that a unifying substantive perspective, vision or theory on IPR underpins the … intersection point reached by the antitrust case-law. Whilst the theory of “absolutism” can be quickly disposed of, several other … unitary theory which, in turn, bespeaks the Court's vision of the social function of IPRs. Instead, the main feature of the …
Persistent link: https://www.econbiz.de/10012935999