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European Competition Law Procedural Reform
Since the entry into force of Council Regulation (EC) No 1/2003, national competition authorities (“NCAs”), commentators and stakeholders have suggested numerous modifications to improve European competition enforcement and fairness. The European Commission's (hereinafter the “Commission”) proposal to strengthen the powers of NCAs -- the so-called “ECN (European Competition Network) Reform” -- has the potential to introduce long-awaited changes that are likely to respond to a significant part of the demand for reform. The Commission has not addressed, however, other amply and sometimes hotly debated requests. More discussion on the merits and demerits of further procedural reform...
EU Competition Law
Article 102 of the Treaty on the Functioning of the European Union, concerning the abuse of a dominant position, has probably never played a more prominent role in EU anti-trust policy than today. In 2009, there were high profile cases involving Microsoft, Intel, GDF Suez, and numerous others, and, at the end of 2008, the European Commission issued new guidance on enforcement priorities in applying Article 102 to abusive exclusionary conduct. In many respects, Article 102 represents probably the most rapidly evolving area of EU anti-trust law and provides for a much greater role in Community competition law enforcement for national competition authorities. This book gives a complete working ...
Capacity Mechanisms in the EU Energy Markets
Capacity remuneration mechanisms (or simply capacity mechanisms) have become a fact of life in member states' energy markets and are one of the hottest topics in the wider European regulatory debate. Concerned about the security of electricity supply, national governments are implementing subsidy schemes to encourage investment in conventional power generation capacity, alongside already heavily subsidized renewable energy sources. With the increasingly connected European electricity markets, the introduction of a capacity mechanism in one country not only tends to distort its national market but may also have unforeseeable consequences for neighbouring electricity markets. As these mechanis...
Merger Control Review
The Merger Control Review, edited by Ilene Knable Gotts of Wachtell, Lipton, Rosen & Katz, provides an overview of the process in 38 jurisdictions, as well as a discussion of recent decisions, strategic considerations and likely upcoming developments in Merger Control. Given the ability of most competition agencies with pre-merger notification laws to delay, and even block, a transaction, it is imperative to take each jurisdiction - small or large, new or mature - seriously. It is, therefore, imperative that counsel for such a transaction develops a comprehensive plan prior to, or immediately upon, execution of an agreement concerning where and when to file notification with competition auth...
Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law
Volume 2 uses the economic and legal concepts/theories of Volume 1 to (1) analyze the U.S. and E.U. antitrust legality of mergers, joint ventures, and the pricing-technique and contractual/sales-policy distributor-control surrogates for vertical integration and (2) assess related positions of scholars and U.S. and E.U. antitrust officials. Its analysis of horizontal mergers (1) delineates non-market-oriented protocols for determining whether they manifest specific anticompetitive intent, would lessen competition, or are rendered lawful by the efficiencies they would generate, (2) criticizes the U.S. courts’ traditional market-share/market-concentration protocol, the HHI-oriented protocols ...
Capacity Mechanisms in the EU Energy Market
Ensuring an adequate, long-term energy supply is a paramount concern in Europe. The security of a country's energy supply must be guaranteed, and within the EU individual member states are acting in order to safe-guard future energy production. Governments now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidized investments in renewable energy sources. These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a...
Annual Proceedings of the Fordham Competition Law Institute
This volume contains articles and panel discussions delivered during the Thirty-eight Annual Fordham Competition Law Institue Conference on International Antitrust Law & Policy.
International Antitrust Law & Policy: Fordham Corporate Law 2002
This volume contains articles and panel discussions delivered during the Thirty-Ninth Annual Fordham Competition Law Institute Conference on International Antitrust Law & Policy. About the Proceedings: Every October the Fordham Competition Law Institute brings together leading figures from governmental organizations, leading international law firms and corporations and academia to examine and analyze the most important issues in international antitrust and trade policy of the United States, the EU and the world. This work is the most definitive and comprehensive annual analysis of international antitrust law and policy available anywhere. The chapters are revised and updated before publicati...
US and EC Oligopoly Control
"Any practitioner, policymaker, or academic, in the field of competition law could hardly ask for a more thoroughly documented work. EC and US antitrust law is examined, and dozens of court decisions are quoted, with complete citations throughout. The books is a gold mine for anyone interested in the important task of extending the reach of competition law and antitrust law in this era of globalization."--BOOK JACKET.
