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Unlimited Liability of State-owned Banks under the EC-Rules of State Aids
  • Language: en
  • Pages: 149

Unlimited Liability of State-owned Banks under the EC-Rules of State Aids

The applicability of EC law of state aids to the state`s unlimited liability for Savings Banks and "Landesbanken" is controversial. Legal and political discussions following the Maastricht-II-Treaty tend to assume that liabilities have to be qualified as state aids. However, as the liabilities in question derive from public ownership, they have to be distinguished from securities for corporate debts which might be qualified as state aids under EC law. In this context the book discusses state aids to public companies and the private investor test of the EC Court of Justice. The authors question the EC Commission`s concept to quantify refinancing advantages which are supposed to be achieved by virtue of public liability.

Environmental Integration in Competition and Free-movement Laws
  • Language: en
  • Pages: 369

Environmental Integration in Competition and Free-movement Laws

  • Categories: Law

Focusing on competition, state aid, and free movement law, this book develops a conceptual framework for understanding the integration of environmental concerns in those legal domains and compares the different legal tests that have emerged for delimiting and weighing environmental considerations against other public goals.

The Future Development of Competition Framework
  • Language: en
  • Pages: 330

The Future Development of Competition Framework

  • Categories: Law

In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved. The Future Development of Competition Framework presents papers and speeches by well-known competition law practitioners versed in competition law and policy, including representatives of ...

International Cooperation in Competition Law Matters
  • Language: en
  • Pages: 283

International Cooperation in Competition Law Matters

The study outlines the status quo of international cooperation in competition law matters. This is done by examining, in chronological order, the various approaches of the many multi- and bi-lateral international agreements that have attempted to solve the problems of competition law (WTO, GATT, etc.). Subsequently, the focus of this thesis is on the analysis of bilateral trade agreements. Within the framework of this analysis, the potential of trade agreements for competition law cooperation is to be shown. For this reason, only those bilateral trade agreements are analyzed that deal with the topic of regulatory cooperation in competition law in specially provided competition chapters. In doing so, the different stages of cooperation will be analyzed along the different integration phases of any trade agreements. The highest form of trade agreement integration – customs unions – will be dealt with separately, using the EU as an example.

Trademark and Unfair Competition Conflicts
  • Language: en
  • Pages: 699

Trademark and Unfair Competition Conflicts

  • Categories: Law

This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

German Corporate Governance in International and European Context
  • Language: en
  • Pages: 540

German Corporate Governance in International and European Context

  • Categories: Law

Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth an...

Wto - Trade In Services
  • Language: en
  • Pages: 817

Wto - Trade In Services

  • Type: Book
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  • Published: 2008
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  • Publisher: BRILL

With the establishment of the WTO, trade in services became part of the world trade order. Volume 6 is dedicated to these rather recent developments. It covers the core agreement, the General Agreement on Trade in Services (GATS) with annexes, as well as the additional instruments , which have been adopted later on to govern the liberalization in specific sectors. Those are the Understanding on Commitments in Financial Services, the Second Protocol on Financial Services, the Third Protocol on the Movement of Natural Persons, the Fourth Protocol on Basic Telecommunications and the Fifth Protocol, which contains further rules for financial services. This volume will be a valuable reference tool for the WTO community as a whole, as well as for professionals and researchers, who deal with one of the sectors concerned, e.g. financial services and telecommunications. Furthermore, it is highly relevant in view of those sectors, which are the subject of ongoing liberalization efforts or earmarked for future negotiations, namely accounting, legal services, transport, tourism, environmental services, legal and educational services.

Die kartellrechtliche Zulässigkeit von Musterversicherungsbedingungen
  • Language: en
  • Pages: 400

Die kartellrechtliche Zulässigkeit von Musterversicherungsbedingungen

  • Categories: Law
  • Type: Book
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  • Published: 2015-09-03
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  • Publisher: VVW GmbH

Nach der Deregulierung der Versicherungsmärkte in den 1990er Jahren traten unverbindliche Musterversicherungsbedingungen der Versicherungsverbände an die Stelle der behördlich genehmigten allgemeinen Versicherungsbedingungen (AVB). Der europäische Gesetzgeber hatte Musterversicherungsbedingungen über einen langen, allerdings befristeten, Zeitraum von der Anwendung des Kartellverbots freigestellt. Seit dem Wegfall dieser gesetzlichen Freistellung im Jahr 2010 muss für alle Musterversicherungsbedingungen überprüft werden, ob sie mit dem europäischen Kartellverbot des Art. 101 AEUV vereinbar sind. Orientierungshilfe geben teilweise die Horizontalleitlinien der europäischen Kommission. Doch trotz dieser Leitlinien ist die kartellrechtliche Beurteilung von Musterversicherungsbedingungen nicht eindeutig geklärt. Die Verfasserin untersucht, inwieweit Musterversicherungsbedingungen mit dem europäischen Kartellverbot des Art. 101 AEUV vereinbar sind. Hierbei analysiert sie auch die Schnittstellen zum gewerblichen Rechtsschutz und Urheberrecht. Das Buch richtet sich gleichermaßen an Unternehmens- und Verbandsjuristen, Rechtsanwälte, Kartellbehörden und Rechtswissenschaftler.

Technologie et concurrence – Technology and Competition
  • Language: en
  • Pages: 774

Technologie et concurrence – Technology and Competition

Hanns Ullrich, this highly renowned legal scholar, has had a tremendous influence on legal research and the development of the law in the fields of both Technology and Competition. His expertise dates back to the late 1970s and early 1980s, when he served as a member of the research staff at the Max Planck Institute for Intellectual Property in Munich. In 1985, he became professor of law at the "Universität der Bundeswehr", Munich, and finally, in 2000, professor at the european University Institute, florence. He has acted as visiting professor at a number of Universities around the worldincluding, in particular, the College of Europe, Bruges. The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating on the fields of interest of this eminent scholar, the contributions address a number of the most burning issues of the regulation of intellectual property, competition law and, of course, the application of competition law to IP-related cases.

The EU in the Global Political Economy
  • Language: en
  • Pages: 358

The EU in the Global Political Economy

  • Type: Book
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  • Published: 2009
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  • Publisher: Peter Lang

The EU has become an important international actor. Its internal policies often have repercussions far beyond its borders. It is also increasingly becoming a proactive global actor, defending its interests and projecting its norms and values in both bilateral and multilateral external relations. This volume has a special focus on external economic relations and includes chapters on the Euro, trade policy, and competition policy as well as on specific bilateral relationships. The section on relations with industrialized countries deals with the United States, Canada, Russia, Japan and China, while the section on relations with developing countries has chapters on administrative reform, environmental cooperation, Cuba, Central America and Iran. The book thus gives an up-to-date overview of important aspects of the EU's external relations. With a focus on political economy, it traces the continuous interplay of economics and politics that has characterized the EU's development of a fully-fledged foreign policy. What emerges is a picture of a European Union that is better equipped institutionally to deal with economic, rather than political issues.