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Joint and Several Liability in EU Competition Law
Contribution claims in antitrust are controversial and under-researched in the legal literature. This book provides the first comprehensive analysis of contribution claims in EU competition law. By drawing on the historical and current practice of EU and national courts, as well as national laws of major EU jurisdictions, it explains contribution claims in antitrust law in concrete and practical terms. It also provides much needed clarity on the relationship between competition law and joint and several liability, as well as guiding those concerned by contribution claims through the issues that are likely to arise. Topics examined include the requirements competition law sets for contribution claims; the criteria for dividing antitrust liability between individual co-infringers; the impact of EU Directive 2014/10; and whether liability sharing agreements can resolve the problems joint and several liability brings to EU competition law.
The Future of International Competition Law Enforcement
While forces of globalization have created a genuine global marketplace, global rules safeguarding the competitive process in this marketplace have not emerged. International cooperation among national regulators and enforcers is therefore needed to create a competitive global business-environment. The Future of International Competition Law Enforcement, using the variety of legal instruments available to the EU as a point of departure, undertakes an original assessment of the EU's cooperation agreements in the field of competition law The work’s focus is on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement; further attention is given to competition provisions in free trade agreements as well as the main multilateral initiatives in this field, in order to determine their relative value.
Information Technology and Arbitration
This is not another book about online dispute resolution (ODR). Rather, it is about how various information technology (IT) solutions may be put to good use in traditional arbitral proceedings. For arbitration professionals, be they arbitrators or counsel, this book brings the landscape of this changed practice into clear focus, dispersing mists of confusion and clarifying the choices they will inevitably be called upon to make.
Reference Guide to Sustaining Sport and its Development through Intellectual Property Rights.
The goal of this publication is to serve as a reference tool that shall help to guide the development of national strategies in order to sustain sport and its development through IP rights.
Nanotechnology Law
In June 2011 the International Council for Commercial Arbitration (ICCA) marked its fiftieth anniversary with a celebratory conference in Geneva, the birthplace of ICCA. This volume, ICCA Congress Series no. 16, comprises the proceedings of the conference, in which eminent arbitration scholars and practitioners assess the current state of arbitration – both international commercial arbitration and international investment arbitration – and what the future holds for arbitration and for ICCA.
The abuse of excessive pricing and the case of the pharmaceutical sector
The present work is born with the aim of providing guidance when dealing with a complex subject that is both recent and relevant for society in general. Excessive pricing has proved to be an issue of increasing relevance and con-cern, as demonstrated by the number of recent cases across the world, espe-cially in the pharmaceutical sector. The matter is still highly debated both in the literature and in courts. Besides, competition authorities have encountered considerable difficulties in enfor-cing the provision against excessive pricing.The main issues revolving around excessive pricing and, specifically, excessive pricing in the pharmaceutical sector, can be synthesized as follows: How to define excessive pricing; What are the possible models for a provision against excessive pricing; How to assess price levels; Whether to enforce the provision against excessive pricing; When to do so; How the various jurisdictions have approached excessive pricing in practice; How this framework applies to the pharmaceutical sector, considering its peculiarities, also in the light of recent decisions; Which remedies are available to address excessive pricing.
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...
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