World Competition最新文献_第9页

Book review: Principles of Competition Law, by David Unterhalter, Isabel Goodman, Patrick Smith, Paula Youens. (Oxford University Press. 2017) 书评:《竞争法原理》，作者:大卫·昂特哈尔特、伊莎贝尔·古德曼、帕特里克·史密斯、葆拉·尤恩斯。(牛津大学出版社，2017)

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World Competition Pub Date : 2019-03-01 DOI: 10.54648/woco2019010

D. M. Davis

引用次数: 0

Bringing Back Unity: Modernizing the Application of the Non Bis In Idem Principle 恢复统一:一事不再理原则应用的现代化

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World Competition Pub Date : 2019-03-01 DOI: 10.54648/woco2019005

J. M. Veenbrink

引用次数: 1

The Interaction of Public and Private Cartel Enforcement 公共和私人卡特尔执法的相互作用

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World Competition Pub Date : 2019-03-01 DOI: 10.54648/woco2019006

N. Rosenboom, D. I. '. Veld

{"title":"The Interaction of Public and Private Cartel Enforcement","authors":"N. Rosenboom, D. I. '. Veld","doi":"10.54648/woco2019006","DOIUrl":"https://doi.org/10.54648/woco2019006","url":null,"abstract":"The prohibition of cartels is enforced by both public and private legislation, which may interact in a way that reduces their effectiveness. This article investigates these interaction effects specifically for the leniency programme and civil damages claims, by means of a conjoint analysis. Dutch companies and competition lawyers were faced with different enforcement situations containing a mix of public and private enforcement elements and were asked in which case they were most likely to apply for leniency. Their answers are analysed with a nested logit model, allowing for the possibility that respondents would continue the cartel in either of the presented enforcement situation. For firms, the corporate and personal fine and the fine reduction mattered in deciding to apply for leniency. Competition lawyers took the fine reduction, disclosure of leniency and burden of proof into account when advising on self-reporting the agreement. Both groups of respondents answered that in 16–19% of the situations they would continue the agreement and not apply for leniency/advice to so do (The authors thank the participating economists of the Dutch Competition Authority for their input and suggestions. Special thanks to Dr Ron Kemp, the competition lawyers who were willing to discuss the research results with the authors, prof. Dr Barbara Baarsma and prof. Dr Bas ter Weel.).","PeriodicalId":43861,"journal":{"name":"World Competition","volume":"4 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87358316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book review: A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision, by Jarleth M Burke. (Hart Publishing. 1st ed. Oxford, 2018) 书评:《TFEU第106(2)条:公共服务提供中的政府失灵》，贾勒斯·M·伯克著。(哈特出版社，第一版，牛津，2018)

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World Competition Pub Date : 2019-03-01 DOI: 10.54648/woco2019009

J. Buendía Sierra

引用次数: 0

Interim Judicial Protection Against Publication of Confidential Information in Commission Antitrust Decisions 委员会反垄断决定中保密信息公开的临时司法保护

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World Competition Pub Date : 2019-03-01 DOI: 10.54648/woco2019004

Paolo Iannuccelli

{"title":"Interim Judicial Protection Against Publication of Confidential Information in Commission Antitrust Decisions","authors":"Paolo Iannuccelli","doi":"10.54648/woco2019004","DOIUrl":"https://doi.org/10.54648/woco2019004","url":null,"abstract":"The publication, in the name of transparency, of Commission decisions finding infringements of EU competition law is a powerful tool for enhancing the private enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (‘TFEU’). Before publishing those decisions, the Commission must nonetheless be careful to afford ‘very special protection’ to the legitimate interest of the undertakings concerned in the protection of their business secrets and other confidential information. When preparing the non-confidential version of the decision to be published, the Commission involves those undertakings, which have the right to object and, where they consider it appropriate, to refer the matter to the Hearing Officer, whose decisions may in turn be challenged before the EU Courts. In such cases, interim relief is essential to safeguard the undertakings’ right to the protection of confidential information, as well as their right to effective judicial protection. The recent case law of both EU Courts on interim protection in this context is marked by a high degree of technicality and struggles to adapt the ordinary interpretation of the conditions required for the granting of interim measures to the specificities of this kind of case. This article examines several rather complex interlocutory orders in an attempt to extract the logic behind them.","PeriodicalId":43861,"journal":{"name":"World Competition","volume":"28 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77983472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Book review: ABA Section of Antitrust Law, Antitrust Class Actions Handbook, (2d ed. Chicago,IL. ABA Publishing. 2018) 书评:美国律师协会反托拉斯法部分，反托拉斯集体诉讼手册(第二版)，芝加哥，伊利诺伊州。ABA出版社，2018)

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World Competition Pub Date : 2019-03-01 DOI: 10.54648/woco2019008

J. Paul

引用次数: 0

Collective Certification in UK Competition Law: Commonality, Costs and Funding 英国竞争法中的集体认证:共性、成本和资金

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World Competition Pub Date : 2019-03-01 DOI: 10.54648/woco2019007

C. Veljanovski

引用次数: 0

Achieving Competitive Neutrality Step-By-Step 逐步实现竞争中立

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World Competition Pub Date : 2018-12-01 DOI: 10.54648/woco2018028

M. Albers

引用次数: 0

Antitrust Price Remedies May Facilitate Collusion in Global Commodity Markets 反垄断价格救济可能促进全球商品市场的共谋

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World Competition Pub Date : 2018-12-01 DOI: 10.54648/woco2018032

S. Avdasheva, D. Korneeva, T. Radchenko

引用次数: 2

What Can We Learn About the Application of the As Efficient Competitor Test in Fidelity Rebate Cases from the Recent US Case Law 从美国最近的判例法中，我们可以了解到作为有效竞争者测试在保真退款案件中的应用

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World Competition Pub Date : 2018-12-01 DOI: 10.2139/SSRN.3297570

Miroslava Marinova

{"title":"What Can We Learn About the Application of the As Efficient Competitor Test in Fidelity Rebate Cases from the Recent US Case Law","authors":"Miroslava Marinova","doi":"10.2139/SSRN.3297570","DOIUrl":"https://doi.org/10.2139/SSRN.3297570","url":null,"abstract":"It is accepted that the treatment of fidelity rebates is one of the most controversial topics in European Union competition law. It remains an outstanding issue despite the clear position of the Court of Justice in both the Intel and Post Danmark II judgments to depart from the strict form-based approach and to endorse an approach based on an evaluation of the possible anticompetitive effects of fidelity rebates. In particular, it remains unclear whether a price-cost test should be deployed. The conditions when a price-cost test should be applied to fidelity rebates as opposed to alternative approaches is a central issue in recent US case law of fidelity rebates and associated scholarly debate. This article examines the academic debate in the US and compares the treatment of fidelity rebates on both sides of the Atlantic in an attempt to clarify under which circumstances a price-cost test should be used as a tool to determine the anticompetitive effects of fidelity rebates and how this clarification can be translated into concrete lessons for European case law. It reveals that the economic theory of raising rival’s cost explains that the assessment of a strategy to exclude an as efficient competitor does not require a price-cost test.","PeriodicalId":43861,"journal":{"name":"World Competition","volume":"8 1","pages":"523-548"},"PeriodicalIF":0.4,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88348573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0