Author : Organisation for Economic Co-operation and Development
Publisher : Organisation for Economic Co-operation and Development; Washington, D.C. : OECD Publications and Information Centre
Page : 112 pages
File Size : 33,44 MB
Release : 1993
Category : Business & Economics
ISBN :
Author : OECD
Publisher : OECD Publishing
Page : 605 pages
File Size : 17,96 MB
Release : 2008-09-01
Category :
ISBN : 9264055088
The OECD Glossary contains a comprehensive set of over 6 700 definitions of key terminology, concepts and commonly used acronyms derived from existing international statistical guidelines and recommendations.
Author : Angelika S. Murer
Publisher : Kluwer Law International B.V.
Page : 386 pages
File Size : 13,2 MB
Release : 2021-12-03
Category : Law
ISBN : 9403538155
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 following and more: a comprehensive analysis of the case law of the EU courts on the abuse of a dominant position in cases which involve intellectual property rights; insights on how patenting strategies affect competition with a particular focus on the application of blocking patents; an overview of the developments in doctrine and practice which led to the current understanding of the seemingly conflictual goals of competition and intellectual property law; and insights on the difficulties of defining relevant markets and establishing whether an undertaking holds a dominant position. The book illustrates the mechanisms of blocking patenting strategies with examples from the pharmaceutical industry because blocking strategies have particular relevance in applying for patents in that context. A test scheme for analysing the application of a blocking patent under Article 102 TFEU is included. Additionally, the book provides an outlook on the topic of patents and shortages of supply in light of the COVID pandemic. Practitioners and policymakers requiring an understanding of the conceptual framework of the abuse concept within EU competition law and how it relates to patent strategies will welcome this invaluable book. They will not only be able to set the conduct of applying for blocking patents into the Article 102 TFEU context but also have decisive tools to approach questions on the intersection of patent law and competition law in the EU.
Author : Patrizio Bianchi
Publisher : Edward Elgar Publishing
Page : 457 pages
File Size : 32,63 MB
Release : 2023-01-13
Category : Business & Economics
ISBN : 1800379099
Providing an overview of industrial development using a variety of different approaches and perspectives, the Handbook of Industrial Development brings together expert contributors and highlights the current multiple and interdependent challenges that can only be addressed by an interdisciplinary approach. Chapters discuss the existing issues faced by industry following both the digital and environmental transitions, highlighting their regional roots and the interplay with the wider institutional framework.
Author : Maciej Bernatt
Publisher : Kluwer Law International B.V.
Page : 1034 pages
File Size : 14,12 MB
Release : 2024-09-17
Category : Law
ISBN : 9403502487
International Competition Law Series#91 Enforcement of competition law often calls for a complex economic and legal assessment, and the review of those enforcement decisions usually falls to national courts. In this connection, however, European competition law and legal scholarship have offered scant guidance on how judicial review should and does function. This book, the first comprehensive, systematic, and comparative empirical study of judicial review of competition law public enforcement in the EU and the UK, provides a thorough understanding of the practical operation of the role of judicial review in competition enforcement. A country-by-country analysis, along with a detailed introduction and an incisive comparative summary, covers all publicly available judicial review judgments – 5,707 in all – of final public enforcement actions in relation to Articles 101 and 102 TFEU and relevant national provisions in the twenty-seven EU Member States and the UK rendered between 1 May 2004 and 30 April 2021. The data presented draws on a rich database built for the purpose of this study by twenty-eight national teams of competition law academics and practitioners. For each jurisdiction, the analysis focuses on such aspects as the following: structure of the national enforcement system; number of judgments rendered; success rate; types of appellants; competition rules subject to review; grounds of review; use of preliminary references; appeals involving leniency and/or settlements; and role of third parties. Numerous graphs, figures, and tables support the presentation. In the light it sheds on trends in judicial review of competition law enforcement on a comparative basis, and in its data-driven assessment of how the decentralised judicial review of EU competition law meets EU integration aims, this important study will be of inestimable value to competition lawyers, policymakers, and academics in developing a confident understanding of precisely how judicial review in this area operates in each of the EU Member States and the UK. In addition, the book provides a significant contribution not only with respect to EU and national competition laws but also, more broadly, to comparative administrative law scholarship in Europe.
Author : Maria Anna Corvaglia
Publisher : Bloomsbury Publishing
Page : 291 pages
File Size : 17,17 MB
Release : 2017-09-21
Category : Law
ISBN : 1782259058
This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.
Author : Lanis Hicks
Publisher : Jones & Bartlett Learning
Page : 389 pages
File Size : 22,28 MB
Release : 2020-02-26
Category : Medical
ISBN : 1284219283
Economics of Health and Medical Care is an introduction to population-based health economics as well as the traditional, market-oriented approach to health care economics. The book examines economics through the lens of descriptive, explanatory, and evaluative economics. The Seventh Edition is an extensive revision that reflects the vast changes that have been occurring in the health care industry and in the economy, most notably in the areas for payment systems and quality improvement. Additionally, the text offers expanded discussion of the impact of the Affordable Care Act on the demand for healthcare services and health insurance, particularly regarding Medicare and Medicaid programs. Evolving issues in healthcare as well as discussion of the implication for efficiency in the production and consumption of healthcare services are covered throughout the text.
Author : Damien Gerard
Publisher : Bruylant
Page : 167 pages
File Size : 10,43 MB
Release : 2020-06-03
Category : Law
ISBN : 2802767186
The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.
Author : R. S. Khemani
Publisher : World Bank Publications
Page : 172 pages
File Size : 39,63 MB
Release : 1999
Category : Law
ISBN : 9780821342886
A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies. To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions. The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.
Author : Maria Fernanda Caporale Madi
Publisher : Kluwer Law International B.V.
Page : 224 pages
File Size : 24,10 MB
Release : 2020-10-09
Category : Law
ISBN : 9403526513
Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.
