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Articles 1 - 22 of 22
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Compliance Requirements For Chinese Automobile Market Players, Tao Liang
Compliance Requirements For Chinese Automobile Market Players, Tao Liang
Tao LIANG
Foreign Investment Catalogues And Investment Environment In China, Tao Liang
Foreign Investment Catalogues And Investment Environment In China, Tao Liang
Tao LIANG
Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.
Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.
Rodolfo C. Rivas
The author discusses the subtle differences between Copyright and Author's Rights. Then he goes into analyzing the different ways a work can become part of the public domain and how it varies from jurisdiction to jurisdiction and from time to time.////////////////////////////////////////////////////El autor analiza las sutiles diferencias entre los derechos de autor y el copyright. Posteriormente se adentra en el análisis de las formas en las que una obra entra dentro del dominio público, y como estas varían dependiendo del territorio y de la época.
Reviving An Epithet: A New Way Forward For The Essential Facilities Doctrine, Sandeep Vaheesan
Reviving An Epithet: A New Way Forward For The Essential Facilities Doctrine, Sandeep Vaheesan
Sandeep Vaheesan
For sound economic reasons, the antitrust laws, in general, do not require firms to share their assets with rivals. When a particular asset has natural monopoly characteristics and is used as an input in other markets, however, the essential facilities doctrine requires that the asset be shared with firms in related markets. In recent decades, the Supreme Court and leading scholars have criticized the doctrine, claiming it is economically inefficient and taxes the institutional capacity of the judiciary.
Historically, the courts most often applied the doctrine to tangible natural monopolies like electric transmission grids and bottleneck railroad lines. In recent …
China's Approval Regime On Outbound Investment, Tao Liang
China's Approval Regime On Outbound Investment, Tao Liang
Tao LIANG
Los Enredos Por La Fibra Oscura, Víctor Pavón-Villamayor
Los Enredos Por La Fibra Oscura, Víctor Pavón-Villamayor
Víctor Pavón-Villamayor
No abstract provided.
It Works For Mergers, Why Not Finance, Aaron S. Edlin, Richard J. Gilbert
It Works For Mergers, Why Not Finance, Aaron S. Edlin, Richard J. Gilbert
Aaron Edlin
No abstract provided.
D Is For Digitize: An Introduction, James Grimmelmann
D Is For Digitize: An Introduction, James Grimmelmann
James Grimmelmann
This brief introductory essay reviews the history of D is for Digitize conference on the Google Books settlement and provides an overview of the seven articles in the symposium issue.
Monitoring Managers Through Corporate Compliance Programs, Charles Angelucci, Martijn Han
Monitoring Managers Through Corporate Compliance Programs, Charles Angelucci, Martijn Han
Martijn A. Han
Compliance programs entail monitoring of employees' behavior with the claimed objective of fighting corporate crime. (Competition) Authorities promote such intra-firm monitoring. In a three-tier hierarchy model, authority-shareholder-manager, we study the impact of monitoring through a compliance program on contracting within the firm and the authority's optimal sanctions and leniency policy. We find that compliance programs are beneficial in the fight against corporate crime if and only if the managerial sanction is low. Moreover, when the shareholder blows the whistle, the authority optimally grants partial corporate leniency, while not granting individual leniency to the involved employees. Conversely, when the employee blows …
Three Takes On Global Justice, Frank J. Garcia
Setting Aside An Arbitration Award, Fernando Leila
Setting Aside An Arbitration Award, Fernando Leila
Fernando Leila
I - Facts Most arbitration rules stipulate that the arbitral awards that result from arbitration under those agreements or rules are ‘final.’ Yet there is almost always the possibility for a party to challenge the award, whether or not the parties have agreed. According to the United Nations Commission on International Trade Law (“UNCITRAL”), a successful challenge will usually result in the award being ‘set aside,’ ‘vacated,’ or’ annulled,’ and therefore ceasing to exist, at least within the jurisdiction of the court setting it aside. To set aside an award means to 'declare the award to be disregarded in whole …
Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor
Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor
Avishalom Tor
This article introduces a special symposium issue of the Antitrust Law Journal based on a conference on monopolization. It argues that monopolization law has been experiencing simultaneous expansion and contraction processes that are not wholly contradictory but at least partly complementary. Specifically, the authors suggest that the contraction of monopolization law in the United States and the EU might serve to facilitate its expansion and increased importance worldwide, providing other antitrust regimes with more focused and effective tools to address the challenges involved in regulating dominant firms. Moreover, monopolization law's increased reach internationally also has made its refinement and rationalization …
Case Comment Solvay C-57/01 Top Slices Rebates, Emanuela A. Matei
Case Comment Solvay C-57/01 Top Slices Rebates, Emanuela A. Matei
Emanuela A. Matei
The case concerns top-slices rebates, as abusive practices under 102(2)(b) and 102(2)(c)TFEU. The judgment is in line with the previous case-law, reinforcing that a dominant undertaking has a special responsibility not to eliminate the residual competition. Solvay’s arguments that support the pleas on the absence of a dominant position and of an abuse and concern the structure of its production costs are rejected by the Court. As to the procedural part, the absence of repeated infringements is established by the Court in its finding that collusion and abuse of dominance are not similar types of infringements.
The Missing Link Of Democracy, Fernando Leila
The Missing Link Of Democracy, Fernando Leila
Fernando Leila
The Missing Link of Democracy: The Federal Reserve Submission to the Democratic Government
“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, (i.e., the "business cycle") the banks and corporations that will grow up around them will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.”
Thomas Jefferson
Abstract
This paper examines the shortcomings of the Federal Reserve (the “Fed”) as an institution, its power and policy under a democratic system of government, and the consequences thereof.
America is in …
Fixing Merger Litigation "Fixes": Reforming The Litigation Of Proposed Merger Remedies Under Section 7 Of The Clayton Act, Thomas J. Horton
Fixing Merger Litigation "Fixes": Reforming The Litigation Of Proposed Merger Remedies Under Section 7 Of The Clayton Act, Thomas J. Horton
Thomas J. Horton
No abstract provided.
El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Da Ilicitude Como Uma Das Belas Artes, Victor J. Calvete
Da Ilicitude Como Uma Das Belas Artes, Victor J. Calvete
Victor J. Calvete
Main Points: - Economic law is prone to change: as Bernard Mandeville put it in 1705, "Their laws and cloths were equally/ Objects of mutability;/ for what was well done for a time,/ in half a year became a crime;" - If that is broadly so, it is even more so in what concerns a number of economic actions that fall under the antitrust laws, namely, Resale Price Maintenance (RPM); - The story of RPM in the USA is so full of U-turns that leaves your head spinning; and even if you cut that long story short, its "legal technicality" …
O Controlo Jurisdicional Da Actividade Da Autoridade Da Concorrência, Victor J. Calvete
O Controlo Jurisdicional Da Actividade Da Autoridade Da Concorrência, Victor J. Calvete
Victor J. Calvete
Actions - and omissions - of the Portuguese Competition Authority (AdC) are bound to be reviewed by the courts, if parties injured so decide. However, the legal framework that provides for that review is somehow complex - and the more so after Law n.º 52/2008, of August 28, changed the powers of the Commercial Courts. The ensuing analysis predates those changes (accounted for in the final version), and provides a comprehensive guide of the different paths to be followed in reaction to the actions/omissions of the AdC, as well as cautionary warnings on some of the traps along the way.
Framing Franchise In Antitrust Litigation-The Legacy Of Kodak And Queen City Pizza.Pdf, Randy D. Gordon
Framing Franchise In Antitrust Litigation-The Legacy Of Kodak And Queen City Pizza.Pdf, Randy D. Gordon
Randy D. Gordon
Crisis And Coordination: Regulatory Design In Financial Crises (Asil Proceedings, 2010), Robert B. Ahdieh
Crisis And Coordination: Regulatory Design In Financial Crises (Asil Proceedings, 2010), Robert B. Ahdieh
Robert B. Ahdieh
Normative Dynamics Of Competition Laws, Piyabutr Bunaramrueang
Normative Dynamics Of Competition Laws, Piyabutr Bunaramrueang
piyabutr bunaramrueang
This article aims at providing a review on normative dynamics of competition laws. Although legal norms seem to be very stable, those norms governing economic activities are changing relatively fast. It is therefore an attempt to illustrate dynamic quality of laws by using competition laws as a major example of laws governing economic activities. I would like to discuss mainly over U.S. antitrust laws as the major model of competition laws, perhaps, for all other countries pursuing economic growth of free market. The dynamic quality of U.S. antitrust laws is essentially derived from its legal tradition that invites legal reasoning …