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In a recent working paper, Damien Geradin & Caio Marioda Silva Pereira Neto argue that the Brazilian competition system would greatly benefit from the adoption of guidelines like the European Commission Guidance Paper, which offers a legal and economic methodology to implement an...
Persistent link: https://www.econbiz.de/10013096627
The phrase 'international competition law' is something of a misnomer. There is no supranational authority charged with generating, applying, or enforcing competition law, there are almost no binding international agreements on the subject, and there are no international requirements with...
Persistent link: https://www.econbiz.de/10013097926
This paper demonstrates that the concepts of harm and damages as they are used in tort law pose some serious conceptual problems in the area of antitrust law. Consequently, there are some limits to the private enforcement of antitrust law via damages actions that have to be taken into account...
Persistent link: https://www.econbiz.de/10013099273
A principled and well-functioning regime of judicial review is a fundamental part of the European Union's commitment to the rule of law, and of particular relevance in the field of EU competition law: The EU Commission has become one of the most powerful competition authorities worldwide,...
Persistent link: https://www.econbiz.de/10013102013
Whereas the EU's internal market rules govern market access and public intervention, its competition rules are concerned with the market conduct of private parties. When do the competition rules apply to healthcare? In principle the scope for application of the competition rules to the...
Persistent link: https://www.econbiz.de/10013090330
This paper addresses some fundamental issues surrounding Pakistan's contemporary competition law regime put in place by the enactment of the Competition Act, 2010. The paper comprises three parts and a conclusion. The first describes the globalization of competition laws - as has been the case...
Persistent link: https://www.econbiz.de/10013066270
This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and...
Persistent link: https://www.econbiz.de/10013069619
In this paper we criticize the so-called 'more economic approach' to European competition law for its disregard of the importance of a functional system of private law. The more economic approach presumes that vertical integration is an economically efficient governance-mechanism. This...
Persistent link: https://www.econbiz.de/10013071116
The latest frontier of the essential facility doctrine under EU competition law is the use of antitrust rules to impose on dominant firms a duty to invest in infrastructure development. While a genuine lack of capacity has traditionally been considered an objective justification for a refusal to...
Persistent link: https://www.econbiz.de/10013075946