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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
throughout the world, but less discussion, at least in public, of the need and scope for harmonisation of the same laws within …
Persistent link: https://www.econbiz.de/10013089710
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates' General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal...
Persistent link: https://www.econbiz.de/10013072817
Private antitrust litigation often involves a dominant firm being accused of exclusionary conduct by a smaller rival. In such cases, the defendant generally has a much larger financial stake in the outcome. We explore the implications of this asymmetry in a model of litigation with endogenous...
Persistent link: https://www.econbiz.de/10012838366
Persistent link: https://www.econbiz.de/10012722799
The article studies how intensively the administrative decisions of the European Commission's counterpart - the U.S. Federal Trade Commission (FTC) - are reviewed by the U.S. Circuit Courts of Appeal. The standard used by the U.S. courts to review FTC factual and economic findings, known as the...
Persistent link: https://www.econbiz.de/10012951487
Exclusive dealing is the last vestige of the pre-economic era of antitrust. And it shows. The Supreme Court's decision in GTE Sylvania nearly 40 years ago was the turning point for the evolution of modern antitrust law in the United States because it made clear “that the analysis of economic...
Persistent link: https://www.econbiz.de/10013002533
This dissertation first discusses industry standards, defined as any set of technical specifications providing for products’ interoperability. Standards are adopted by standard-setting organizations (i.e. SSOs), gathering market players, competitors included. To respect Article 101 TFEU, the...
Persistent link: https://www.econbiz.de/10013215621
This paper provides an empirical study of private enforcement of competition law in Spain from 1999 to 2012. So far, the Spanish literature on competition law private litigation is based on qualitative assessments and analysis of some key cases, but has not discussed all cases in depth....
Persistent link: https://www.econbiz.de/10013220695
The European Union is based on the rule of law inasmuch as measures adopted by its institutions or by its Member States are reviewed as to their conformity with EU Law within what is called “a complete system of legal remedies and procedures”. In this context, the question arises as to the...
Persistent link: https://www.econbiz.de/10013247972