Competition Law Compliance Programmes

Competition Law Compliance Programmes
Author: Johannes Paha
Publisher: Springer
Total Pages: 241
Release: 2016-10-12
Genre: Law
ISBN: 3319446339

This book reviews and presents antitrust law compliance programmes from different angles. These programmes have been increasingly implemented and refined by firms over recent years, and various aspects of this topic have been researched. The contributions in this book extend beyond the treatment of legal issues and show how lawyers, economists, psychologists, and business scholars can help design antitrust law compliance programmes more effectively and run them more efficiently.

The Interaction Between Competition Law and Corporate Governance

The Interaction Between Competition Law and Corporate Governance
Author: Florence Thépot
Publisher: Cambridge University Press
Total Pages: 317
Release: 2019-02-14
Genre: Law
ISBN: 1108526365

Florence Thépot provides the first systematic account of the interaction between competition law and corporate governance. She challenges the 'black box' conception of the firm- or 'undertaking' - in competition law, as applied to increasingly complex corporate relations. The book opens the 'black box' of the firm to understand the internal drivers of collusive behaviour, and proposes a unified approach to cartel enforcement, based on the agency theory. It explores key issues including corporate compliance programmes, the attribution of liability in corporate groups, and structural links between competitors, and should be read by anyone interested in how the evolution of the corporate landscape impacts competition law.

Introduction to EU Competition Law

Introduction to EU Competition Law
Author: Peter Willis
Publisher: CRC Press
Total Pages: 451
Release: 2013-09-05
Genre: Law
ISBN: 131790883X

This book provides an introductory but thorough guide to EU competition law, covering the underlying economics, and the key substantive areas of anticompetitive agreements (Article 81), abuses of dominance (Article 82), the application to the most common types of commercial agreement, state aids, state measures limiting competition and mergers. It also examines the procedures under which the relevant competition authorities apply the rules, private enforcement of the rules before the courts, and minimising risk by implementing a compliance programme. The emphasis is practical rather than theoretical: the authors are practitioners in the field of competition law and economics, with many years’ individual and collective experience in the area. This will be an essential reference tool for practitioners, academics and students of EU Competition Law.

Competition Law and Policy Reviews The Role of Guidelines in Fostering Competition Policy in Tunisia

Competition Law and Policy Reviews The Role of Guidelines in Fostering Competition Policy in Tunisia
Author: OECD
Publisher: OECD Publishing
Total Pages: 70
Release: 2024-02-28
Genre:
ISBN: 9264655379

This report builds on the recommendations of the 2022 OECD Peer Review of Competition Law and Policy in Tunisia. It presents an overview of how to develop competition law guidelines across four areas (merger control, pecuniary penalties, leniency programmes and compliance programmes) and includes a comparative analysis of selected jurisdictions, with the view of assisting Tunisian authorities to develop their own guidelines.

Parental Liability in EU Competition Law

Parental Liability in EU Competition Law
Author: Peter Whelan
Publisher: Oxford University Press
Total Pages: 625
Release: 2023-08-25
Genre: Law
ISBN: 0198844832

In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.

Antitrust Compliance

Antitrust Compliance
Author:
Publisher: American Bar Association
Total Pages: 500
Release: 2005
Genre: Law
ISBN: 9781590315200

An extensive resource manual for outside and in-house counsel charged with developing or updating their clients' antitrust compliance program, this volume contains detailed essays that explore specific compliance issues from the perspective of experienced practitioners. Includes a CD-ROM containing most of the compliance presentations and other resources.

Confucian Culture and Competition Law in East Asia

Confucian Culture and Competition Law in East Asia
Author: Jingyuan Ma
Publisher: Cambridge University Press
Total Pages: 431
Release: 2022-09-08
Genre: Business & Economics
ISBN: 1108488234

Shows how cultural factors have influenced the development of competition law in China, Japan and Korea.

The Law of Corporate Finance: General Principles and EU Law

The Law of Corporate Finance: General Principles and EU Law
Author: Petri Mäntysaari
Publisher: Springer Science & Business Media
Total Pages: 486
Release: 2009-11-11
Genre: Law
ISBN: 3642027504

This three-volume book constitutes the first attempt to define corporate finance law as an independent field of law with its own principles and tools. The book also contains a unique theory of corporate governance with the firm as the most important principal.

Competition Policy Analysis

Competition Policy Analysis
Author: Kai Hüschelrath
Publisher: Springer Science & Business Media
Total Pages: 532
Release: 2008-09-08
Genre: Political Science
ISBN: 3790820903

Competition policy is an integral and prominent part of economic policy-making in the European Union. The EU Treaty prescribes its member states to conduct economic policy ‘in accordance with the principle of an open market economy with free competition’. More precisely, the goal of EU competition policy is “to defend and develop effective competition in the common market” (European Commission, 2000: 7). Under its Commissioners van Miert, Monti and, most - cently, Kroes the EU Commission has stepped up its effort to pursue and achieve the aforementioned goal. A number of so-called hard-core cartels, such as the - torious “vitamin cartel” led by Roche, have been detected, tried in violation of Art. 81 of the Maastricht Accord and punished with severe fines. Also Microsoft was hit hard by the strong hand of the Commission having been severely fined for - ploiting a dominant market position. Economic analysis has been playing an increasingly significant role in the Commission’s examination of competition law cases. This holds true in particular for merger control. Here, however, the Commission has had to accept some poi- ant defeats in court, such as the Court’s reversals of Airtours-First Choice or GE- Honeywell. Among other things, the European Court of Justice found the e- nomic analysis as conducted by the EU’s Directorate General for Competition to be flawed and the conclusions drawn not to be convincing. These rejections by the courts have stirred up the scholarly debate on the conceptual foundations of Eu- pean competition policy.