8. Competition and Merger Law

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Competition Law ◽  
Lisbon Treaty ◽  
General Overview ◽  
Merger Regulation ◽  
Questions And Answers ◽  
Basic Concepts

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about EU competition and merger law. The questions on competition law range from a general overview question, a question which surveys the basic concepts and requirements of Arts 101 and 102 TFEU and the Mergers Regulation, to questions concentrating on specific aspects of competition law including the procedure of competition law investigations and enforcement. The 2007 Lisbon Treaty made little substantive change to the competition law provisions, which can be found in Arts 101-106 of the amended TFEU. More significant is the Competition Regulation 1/2003 and the Merger Regulation, 139/2004, which is under revision for future reform or replacement.

8. Competition and Merger Law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Competition Law ◽  
Lisbon Treaty ◽  
General Overview ◽  
Merger Regulation ◽  
Questions And Answers ◽  
Basic Concepts

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about EU competition and merger law. The questions on competition law range from a general overview question, a question which surveys the basic concepts and requirements of Arts 101 and 102 TFEU and the Mergers Regulation, to questions concentrating on specific aspects of competition law including the procedure of competition law investigations and enforcement. The 2007 Lisbon Treaty made little substantive change to the competition law provisions, which can be found in Arts 101–106 of the amended TFEU. More significant is the Competition Regulation 1/2003 and the Merger Regulation, 139/2004, which is under revision for future reform or replacement.

8. Competition and Merger Law

2020 ◽  
pp. 158-179
Author(s):  
Nigel Foster
Keyword(s):  
Competition Law ◽  
Lisbon Treaty ◽  
General Overview ◽  
Merger Regulation ◽  
Questions And Answers ◽  
Basic Concepts

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about EU competition. The questions on competition law range from a general overview question, to questions which surveys the basic concepts and requirements of Arts 101 and 102 TFEU. The 2007 Lisbon Treaty made little substantive change to the competition law provisions, which can be found in Arts 101–106 of the TFEU. More significant is the Competition Regulation 1/2003 and the Merger Regulation, 139/2004.

General Overview of Private Damages Claims

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Eleonora Mateina ◽  
Keyword(s):  
European Union ◽  
Competition Law ◽  
European Parliament ◽  
The European Union ◽  
Member States ◽  
General Overview

This article aims to provide a general overview of the regime of claims for private damages caused by breaches of competition law. The possibility for private damages claims existed even prior the adoption of the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. Nevertheless, these claims were not popular among the business, even when the Commission for Protection of competition established breaches and imposed sanctions for breach of competition. With the transposition of the directive in the Bulgarian Competition Protection Act, an increased interest towards private damages claims is expected.

Analyzing a Yacht for Hydrodynamic Characteristics that Effect What Type of Sails and Rigs Will Work Best

1977 ◽  
Author(s):  
Robert E. Doyle
Keyword(s):  
Large Range ◽  
Hydrodynamic Characteristics ◽  
Term Selection ◽  
General Overview ◽  
General Terms ◽  
Basic Concepts ◽  
Input Variables ◽  
Existing Data ◽  
The Way

The purpose of this paper is to present a very general overview as to how basic concepts of aerodynamics and hydrodynamics can be utilized in the selection and trim of sails. I have used the term selection to go all the way back to the routes of designing and selecting a rig for a given boat. The paper introduces absolutely no data and, in fact, does not explore any existing data in detail. Its main purpose is to show that almost any decision on rig or sails on a sail boat is always a compromise of varying forces. Sometimes these compromises are conflicting dynamics of the hull and sails, other times the forces are man-made such as rule parameters. Perhaps I could have done a more scien­tific job by choosing just one set of parameters that are in conflict and explored these in great detail showing how a conclusion can be reached from all the varying inputs into one particular problem involving rig, sails or hull. This type of thorough analysis, which would obviously require more exacting research to prove the hypothesis once defined, is not my strength. Therefore, it would be inappropriate for me to do such an analysis. My strength is in actually applying a large range of sail­ing theory to actual on-the-water sailing conditions. What I hope to accomplish by this paper is to let sailors realize that when making a decision on a rig, a particu­lar sail, or how to trim a particular sail, they first must decide what they want to accomplish with the rig, sail or sail trim. They must think about it in general terms as to what direction they should take aerodynamically or hydrodynamically to get the forces they want to achieve. Then they must go about the task with the full realization that there is no preset answer and that they must be willing to experiment in order to hone in on the optimum. The input variables of the hydrodynamics of a pitching yacht going to weather in a moderate breeze that is constantly receding and increasing in velocity as well as direction defies simple solu­tions. Thus, the best compromise is usually the best solution.

scholarly journals A comparative study on goals of competition law with the case of merger regulation and recommendations to Viet Nam

2020 ◽  
Vol 5 (1) ◽  
pp. first
Author(s):  
Hieu Trong Truong
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
The United States ◽  
Comparative Approach ◽  
Academic World ◽  
Fair Competition ◽  
Law And Policy ◽  
Competition Law Enforcement ◽  
Merger Regulation ◽  
Workable Competition

The goals of competition law and policy play a notable navigator in law enforcement and lead to new rule inauguration regimes. However, Vietnam avoids signifying its goals in all two competition law versions, the Vietnamese Competition Law 2004 and the Vietnamese Competition Law 2018. The practical merger regulation has been thus confusing in the circumstances. Be continued with the lengthy controversial discussions in the academic world; the paper opens the comparative approach to other major jurisdictions. Rather than the Asian earlies system of Japanese anti-monopoly law or the European Union's primary youngest competition law, the United States antitrust law contributes to the original explanation of the law's objectives and directions. It experiences that Vietnam could maintain the diverse goals of competition law with its priority interests. Rejecting the aspect of free and fair competition, or the workable competition, the analysis traces the identification of effective competition mainly according to the European Union's perspective. Notably, the industrial policy takes a significant connection with the competition policy; however, it does not always ensure competition law enforcement. Be mainly based on Japanese historical achievement; the paper leads to an appropriate direction to resolve this complicated relationship between the two conflict but reciprocity policies. These implications will contribute to enhancing the legalization of competition law in Vietnam.

Health Organization Development and Design

2020 ◽  
Author(s):  
Marianna Diomidous ◽  
Andriana Magdalinou ◽  
John Mantas
Keyword(s):  
United States ◽  
United Kingdom ◽  
Health Services ◽  
United States Of America ◽  
Organization Development ◽  
Healthcare Systems ◽  
General Overview ◽  
Health Services Planning ◽  
Basic Concepts ◽  
Health Organization

This chapter aims at providing the student with a general overview of the Health Organization Development and Design basic concepts. More precisely, this chapter outlines the origins and the future of Health services planning and development and the structure of health organizations. The typology of different international healthcare systems implemented in United Kingdom, United States of America, Greece, Serbia and Germany is also presented.

Part II The Member State Reports on Transposition of the Directive, 16 Spain

2018 ◽  
Author(s):  
Marcos Francisco
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Civil Procedure ◽  
General Overview ◽  
Full Compensation ◽  
The Right

This chapter examines the transposition of the Antitrust Damages Directive in Spain. It begins with a general overview of the transposition process, focusing on the Transposition Decree that inserts new articles in the Defence Competition Act of 2007 and in the Civil Procedure Act. It then describes the material, territorial, and temporal scope of the Transposition Decree before analysing the main issues concerning antitrust damages claims affected by the Transposition Decree or that may be relevant in future actions for damages, such as those relating to the jurisdiction of competent courts to decide damages claims based on infringements of competition law, the right to full compensation, joint and several/parental liability, passing-on of the harm and claims by indirect purchasers/suppliers, the limitation period for bringing damages claims, the use of alternative dispute resolution procedures, measures to facilitate claims, and collective claims and consumer redress.

17. Competition Law

2021 ◽  
pp. 717-778
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
The European Union ◽  
The Third ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Eu

This chapter assesses the EU competition law on private undertakings. The relevant Treaty section is here built upon three pillars. The first pillar deals with anticompetitive cartels and can be found in Article 101 of the Treaty on the Functioning of the European Union (TFEU). The second pillar concerns situations where a dominant undertaking abuses its market power and is found in Article 102. The third pillar is unfortunately invisible, for when the Treaties were concluded, they did not mention the control of mergers. This constitutional gap has never been closed by later Treaty amendments, yet it has received a legislative filling in the form of the EU Merger Regulation.

28. Competition Law:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Competition Law ◽  
Merger Control ◽  
Merger Policy ◽  
Eu Law ◽  
Merger Regulation ◽  
Academic Debate ◽  
The Way

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account.

scholarly journals The New Substantive Test in the EC Merger Regulation—Bridging the Gap between Economics and Law?

2008 ◽  
Vol 10 ◽  
pp. 263-285 ◽  
Author(s):  
Giorgio Monti
Keyword(s):  
Review Process ◽  
Competition Law ◽  
Merger Control ◽  
Economic Evidence ◽  
Merger Regulation ◽  
Ec Competition Law ◽  
Court Of First Instance

In the last 20 years, the application of EC competition law by the Commission has been increasingly informed by economics. However, whilst the Commission has operated an economically enlightened regime in the field of merger control as a whole, its policy on conglomerate mergers and ambiguity over the role of efficiencies have received adverse comment. Several defeats in the Court of First Instance suggested poor handling of economic evidence in the merger review process.

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