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Regulação das relações de consumo
A proteção dos consumidores é uma temática da maior importância devido ao amplo reconhecimento dos direitos dos consumidores e da necessidade da sua afirmação por todo o mundo. O trabalho desenvolvido pela UNCTAD - Conferência das Nações Unidas sobre o Comércio e Desenvolvimento, guardiã das Linhas Diretrizes das Nações Unidas sobre a Proteção dos Consumidores (1985), o único instrumento plenamente global neste domínio, assim o confirma. A crescente digitalização da economia tem vindo a proporcionar o acesso dos consumidores a novos produtos e serviços, envolvendo, todavia, muitos desafios em matéria de dados pessoais, práticas enganosas e fraudulentas, resolução de ...
Antitrust Law in Brazil
This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and ...
The Interplay between European and National Competition Law after Regulation 1/2003
If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the excepti...
Trademarks and Brands in Merger Control
The role of intellectual property rights in merger control procedures has not received the attention it warrants. Most research has focused on the assessment of intellectual property rights in anticompetitive conducts rather than on how a firm can monopolise a market by accumulating such assets. This is despite the fact that access to such assets, whether used or unused, is often a key factor, if not the only one, motivating mergers. This book, the first to address trademarks and brands from the perspective of merger control procedure, studies the legal issues of the topic. It provides a comprehensive response to the question of how European and Swiss competition authorities should consider ...
Directory of EU Case Law on Competition,
This well-known book, prized since 2007 by practitioners in EU competition law for its easy-tofind extracts sorted by subject, is now in its second and hugely expanded edition, covering all decisions of the Court of Justice and the General Court of the European Union on competition law through the end of 2016. This new edition comprising of forty-seven chapters follows the same easy-to-use format as the earlier volume and covers all the case law on the substantive and procedural aspects of the EU treaty rules and legislation on antitrust and mergers. To improve the accessibility of the case law, this book is structured as follows: – Hundreds of headings and subheadings present virtually ev...
EU Cartel Enforcement
There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rul...
Competition, Data and Privacy in the Digital Economy
Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy...
Relações de Consumo no Brasil
Trata-se de edição bilíngue que reúne 15 artigos de renomados advogados da área de defesa do consumidor que tratam de temas sensíveis como o regime de responsabilidades das plataformas de marketplace, a lei do Superendividamento e as relações de consumo no mercado digital. O trabalho foi elaborado pelo Comitê de Consumo do IBRAC que identificou a necessidade de tratar de decisões e temas contemporâneos de relações de consumo. Possivelmente agravada pela pandemia, identificou-se a situação em que operadores do Direito, por meio da iniciativa privada, órgãos de defesa do consumidor ou mesmo Poder Judiciário, precisaram se reinventar para trazer à sociedade respostas disrupti...
Blocking Patents in European Competition Law
In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the followi...
Margin Squeeze in the Electronic Communications Sector
Margin squeeze is a form of abuse of a dominant position in which a vertically integrated company reduces the margin between the price charged to competitors and the price charged to consumers, which can have the effect of excluding a competitor from the market. In the decade or so since the liberalisation of network industries, margin squeeze has become a major source of concern among competition authorities and courts, particularly pronounced in the electronic communications sector. Because some of the adopted decisions show significant inconsistencies in approach, and legal certainty remains elusive in this area, this book which provides an extremely thorough analysis is both timely and o...
