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Full-Text Articles in Law
Análisis Económico De Las Sanciones Administrativas En El Derecho De La Competencia Y Del Consumo, Camilo Ossa
Análisis Económico De Las Sanciones Administrativas En El Derecho De La Competencia Y Del Consumo, Camilo Ossa
Camilo Ossa
Encontrará el lector una revisión de un aspecto puntual relacionado con la posibilidad que investigaciones originadas por infracciones al consumidor puedan ser sancionadas vía competencia, con el fin de aprovechar el mayor valor de la sanción, de lo cual se hará una revisión de los aspectos jurídicos que ello implica, además de una propuesta, utilizando herramientas del Análisis Económico del Derecho, que nos puede llevar a convertir una una sanción que se cree “pequeña” en eficiente, siendo óptima para el cumplimiento del fin propuesto en la misma ley. Son dos aspectos puntuales relacionados, primero, con la parte teórica que hay …
New Powers- New Vulnerabilities? A Critical Analysis Of Market Inquiries Performed By Competition Authorities, Tamar Indig, Michal Gal
New Powers- New Vulnerabilities? A Critical Analysis Of Market Inquiries Performed By Competition Authorities, Tamar Indig, Michal Gal
Michal Gal
In the past two decades the number of jurisdictions which have empowered their Competition Authorities to engage in market inquiries (MIs) has grown substantially. Although jurisdictions differ in the scope and procedure adopted for such studies, they all share an important common trait: attempting to allocate the roots of limited competition in the studied market. Market studies differ from traditional competition law tools in their triggers, range, object, and the level of pro-activity of the Competition Authority. They are not triggered by a suspicion of anti-competitive conduct of specific firm(s), but rather allow the Authority to use a broad prism …
Eu Concerted Practices & Us Concerted Actions: Beyond William H. Page’S Proposal, Mariateresa Maggiolino, Federico Ghezzi
Eu Concerted Practices & Us Concerted Actions: Beyond William H. Page’S Proposal, Mariateresa Maggiolino, Federico Ghezzi
mariateresa maggiolino
The recent analysis developed by professor William H. Page on the US notion of concerted actions raised the idea to develop an article that exams in-death the EU meaning of concerned practices and that skein of US doctrines that focus on several phenomena running from facilitating practices to invitations to collude, plus factors and agreements to exchange information. According to professor Page, the current definition of concerted actions misses the opportunity to use inter-firm communications as the discriminating factor between cases of collusive pricing practices and cases of interdependent parallel behaviors that result in the same market price. To …
Eu Concerted Practices & Us Concerted Actions: Beyond William H. Page’S Proposal, Federico Ghezzi, Mariateresa Maggiolino
Eu Concerted Practices & Us Concerted Actions: Beyond William H. Page’S Proposal, Federico Ghezzi, Mariateresa Maggiolino
mariateresa maggiolino
The recent analysis developed by professor William H. Page on the US notion of concerted actions raised the idea to develop an article that exams in-death the EU meaning of concerned practices and that skein of US doctrines that focus on several phenomena running from facilitating practices to invitations to collude, plus factors and agreements to exchange information. According to professor Page, the current definition of concerted actions misses the opportunity to use inter-firm communications as the discriminating factor between cases of collusive pricing practices and cases of interdependent parallel behaviors that result in the same market price. To the …
It Pricing: Copyright Law, Consumer Rights, And Competition Policy. A Submission To The House Of Representatives Standing Committee On Infrastructure And Communications Inquiry Into It Pricing, Matthew Rimmer
Matthew Rimmer
Justice Lionel Murphy‘Copyright is being used to manipulate the Australian market.’Justice Michael Kirby‘In effect, and apparently intentionally, those [technological] restrictions reduce global market competition. They inhibit rights ordinarily acquired by Australian owners of chattels to use and adapt the same, once acquired, to their advantage and for their use as they see fit.’US Attorney-General Eric Holder‘As a result of this alleged conspiracy, we believe that consumers paid millions of dollars more for some of the most popular titles.’Justice Denise Coates‘There can be no denying the importance of books and authors in the quest for human knowledge and creative expression, and …
European Sports Market: Theory & Case Law (In Greek Language), Marios Papaloukas
European Sports Market: Theory & Case Law (In Greek Language), Marios Papaloukas
Marios Papaloukas
This book contains all case law as well as a theoretical approach to all major issues related to the sports market. More specifically it covers issues such as the emerging independent sports legal order, the principle of exemption of sports formulated by the CJEU, sports betting, as well as sports broadcasting rights. These matters are examined from the point of view of internal market regulation and EU competition law.
Sports Betting Monopolies Reaching A Critical Point, Marios Papaloukas
Sports Betting Monopolies Reaching A Critical Point, Marios Papaloukas
Marios Papaloukas
Every Member State in Europe has a wide discretionary power to choose which specific restrictive measures will be taken to achieve the purpose of containing the consumer’s natural propensity to gambling and suppress the incitement to squander money on gambling. To this date Member States have not selected the same degree of protection nor the same measures. The selected measures range from introducing a licensing system for gambling service providers to even imposing private monopolies. ECJ’s decision in the famous Markus Stoss case answered what was supposed to be the last of many questions on betting monopolies and oligopolies. However …
Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown
Towards A Holistic Approach To Technology And Climate Change: What Would Form Part Of An Answer?, Estelle Derclaye, Abbe Brown
Estelle Derclaye
No abstract provided.
Regional Competition Law Agreements: An Important Step For Antitrust Enforcement, Michal Gal
Regional Competition Law Agreements: An Important Step For Antitrust Enforcement, Michal Gal
Michal Gal
This essay argues that regional competition law agreements on joint enforcement and advocacy (RJCAs) hold an important potential to solve many of the enforcement problems that small and developing jurisdictions face and can provide additional benefits that go beyond such solutions. It also argues that the costs involved in such agreements are not prohibitive and that many of these costs can be overcome by structuring appropriate solutions. Accordingly, RJCAs have the potential to create Pareto superior solutions to enforcement problems relative to unilateral enforcement. The essay then broadens the analysis to the potential effects of RJCAs on non-member states. It …
Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas
Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas
Marios Papaloukas
Sports broadcasting is among the most popular of television programmes. The viewers watching such programmes are usually the ones with the highest purchase capacity, therefore the audience is of particular interest to publicists, as it is considered a very special audience not easily attracted by other programmes. As a result, the competition on publicity transmission during these programmes as well as on acquiring TV broadcasting rights to sports events is much higher. However Sports television broadcasting is of a very individual nature in comparison with the broadcast of other events. In addition to that it is a common practice that …
Sports Betting And European Law, Marios Papaloukas
Sports Betting And European Law, Marios Papaloukas
Marios Papaloukas
As early as 1992 the European Court of Justice ruled that the principle of proportionality will apply in order to examine whether a restrictive measure, imposed by a member state in order to regulate gambling, is valid. As a result member states monopolies and oligopolies concerning gambling and sports betting will have to comply with these new developments.
Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas
Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas
Marios Papaloukas
Sports broadcasting is among the most popular of television programmes. The viewers watching such programmes are usually the ones with the highest purchase capacity, therefore the audience is of particular interest to publicists, as it is considered a very special audience not easily attracted by other programmes. As a result, the competition on publicity transmission during these programmes as well as on acquiring TV broadcasting rights to sports events is much higher. However Sports television broadcasting is of a very individual nature in comparison with the broadcast of other events. In addition to that it is a common practice that …
Exporting Class Actions To The European Union, Tiana Leia Russell
Exporting Class Actions To The European Union, Tiana Leia Russell
Tiana Leia Russell
In this paper, I present the theoretical debates regarding the value of class action litigation, both with respect to compensation and deterrence. I begin by reviewing the class action litigation model in the United States. The paper then explores the current state of private antitrust enforcement in the European Union, with specific focus on the availability of class action litigation within Europe. I discuss recent calls within the European Union for greater private enforcement of competition law and outline steps the Commission has taken in addressing that need, including the recently published White Paper on Damages for Breach of EC …
Fighting Cartels: Some Economics Of Council Regulation 1/2003 (Ec), By Birgit E. Will And Dieter Schmidtchen: Discussion, Carlo Drago
Carlo Drago
No abstract provided.
Exploitation Of Databases, Intellectual Property, Competition Law And The Sport Industry: A Missed Goal?, Estelle Derclaye
Exploitation Of Databases, Intellectual Property, Competition Law And The Sport Industry: A Missed Goal?, Estelle Derclaye
Estelle Derclaye
No abstract provided.
The Ims Health Decision: A Triple Victory, Estelle Derclaye
The Ims Health Decision: A Triple Victory, Estelle Derclaye
Estelle Derclaye
No abstract provided.
The Ims Health Decision: A Triple Victory, Estelle Derclaye
The Ims Health Decision: A Triple Victory, Estelle Derclaye
Estelle Derclaye
No abstract provided.
The Attack Of The Clones: Patent Law And Stem Cell Research, Matthew Rimmer
The Attack Of The Clones: Patent Law And Stem Cell Research, Matthew Rimmer
Matthew Rimmer
This article considers the integral role played by patent law in respect of stem cell research. It highlights concerns about commercialization, access to essential medicines and bioethics. The article maintains that there is a fundamental ambiguity in the Patents Act 1990 (Cth) as to whether stem cell research is patentable subject matter. There is a need to revise the legislation in light of the establishment of the National Stem Cell Centre and the passing of the Research Involving Embryos Act 2002 (Cth). The article raises concerns about the strong patent protection secured by the Wisconsin Alumni Research Foundation and Geron …
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Estelle Derclaye
No abstract provided.