Leniency Programmes under US Antitrust Law and EU Competition Law

2019 ◽  
pp. 185-206
Author(s):  
Michael Kort
Author(s):  
Ariel Ezrachi

‘The legal framework’ outlines the key competition provisions currently in the US and EU. Like in most other jurisdictions, EU and US laws include competition provisions that are used to address antitrust violations such as anti-competitive agreements or abuse of monopoly power. They also include laws dealing with proposed mergers and acquisitions. The US Antitrust Law prohibits contracts and agreements between two or more individuals or entities in restraint of trade or commerce. Meanwhile, EU competition law prohibits agreements between ‘undertakings’ that have, as their object or effect, the prevention, restriction, or distortion of competition, and affect trade between the EU member states.


2021 ◽  
Author(s):  
Jos van Doormaal

Some modern-day trade associations in commodities industries have complex systems of private commercial enforcement. These associations impose nonlegal sanctions on disloyal industry actors for not complying with awards stemming from specialized commercial arbitration after a business conflict. These extrajudicial measures undermine states’ rights to enact formal legal rules, and could violate US Antitrust Law and EU Competition Law. Yet, they could be viewed as a viable alternative to lengthy and expensive court litigation. This book provides best practice guidelines to highlight under what conditions nonlegal sanctions imposed by a trade association and executed by its members do not violate US Antitrust Law and EU Competition Law.


2018 ◽  
Vol 10 (2) ◽  
pp. 439
Author(s):  
Javier Framiñán Santas

Resumen: La difusión de información engañosa sobre un producto puede, en determinadas cir­cunstancias, restringir la competencia. Este trabajo analiza cuál es el estándar adecuado para evaluar este tipo de práctica a la luz del Derecho de Defensa la competencia de la UE.Palabras clave: información engañosa, Derecho de la competencia, Hoffman La Roche/Novartis. Abstract: Dissemination of misleading information about a product can be considered a restriction of competition under certain conditions. This paper analyses what standard should be employed in the light of the EU Competition Law to evaluate such practice.Keywords: misleading information, competition law, Hoffman La Roche/Novartis.


Author(s):  
Ariel Ezrachi

‘The goals and scope of competition and antitrust laws’ evaluates the goals and scope of competition and antitrust laws. Competition laws seek to protect the competitive process in the marketplace from companies that seek to distort it. By safeguarding free and fair markets, competition laws promote consumer welfare as well as efficiencies in the marketplace. While key competition law principles are similar across the world, competition laws are not internationally uniform, but are instead customized by each jurisdiction. A comparison can be made between US Federal Antitrust Law and the EU competition law. There are also other jurisdictions that apply competition laws, including China, Japan, and South Korea.


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