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Extraterritorial application of domestic competition law is an important feature of the current regulatory framework governing anticompetitive conduct. Japan was initially hesitant to apply its Anti-Monopoly Act in such a manner. However, the last two decades show a significant shift in its...
Persistent link: https://www.econbiz.de/10012900085
This piece critically analyses extraterritorial application of competition law by the European Union. The EU is a key global player in competition law and policy. Its competition law is actively and assertively applied to foreign activities of foreign entities affecting EU market. In the recent...
Persistent link: https://www.econbiz.de/10013312551
This article discusses how Intel Corp Inc v European Commission (T-286/09 RENV) (GC), Iiyama (UK) Ltd v Samsung Electronics Co Ltd (CA) and the Air Cargo litigation extended EU competition law's territorial application in areas including private damages and the jurisdictional reach of the...
Persistent link: https://www.econbiz.de/10014242857
Transnational competition cases pose numerous challenges — from accessing foreign-based evidence to effectively enforcing decisions or judgments in their aftermath. Some of such cases are quite special in that the underlying conduct involves or implicates a foreign State. This article makes an...
Persistent link: https://www.econbiz.de/10012928536
This paper examines the controlling role of European competition law in the energy market restructuring in EU after the gradual liberalisation process of previous years and defines the application of European competition law to this framework of restructuring. The particular focus of this paper...
Persistent link: https://www.econbiz.de/10013069699
Persistent link: https://www.econbiz.de/10012907038
The paper explores what macroeconomic factors can tell us about the effectiveness of recently enacted national competition laws. Qualitative evidence suggests that numerous countries fall short in implementing competition law. Furthermore, there seems to be significant differences between...
Persistent link: https://www.econbiz.de/10003482500
The TRIPS Agreement allows WTO Members to enact and apply appropriate domestic competition law to address IPR-related anti-competitive practices. However, these flexibilities in the TRIPS Agreement do not provide any specific guidance for WTO Members. The application of domestic competition law...
Persistent link: https://www.econbiz.de/10014206546
This article offers a typology of so-called blocking legislation and analyses its development, functions and legality under international law. It also presents and discusses the new Russian blocking Order, issued in September 2012, focusing on its possible effects on the European Commission’s...
Persistent link: https://www.econbiz.de/10014148316
European Community law has played a pivotal role in opening to competition economic sectors previously under the control of public monopolies. As with other sectors such as telecommunications, air transport, electricity, gas, and rail, the postal sector has succumbed to the wave of...
Persistent link: https://www.econbiz.de/10014073491