Handbook of Research in Trans-Atlantic Antitrust

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Philip Marsden
Edward Elgar Publishing, 2008. 1. 1. - 800페이지
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The book is handsomely produced by Edward Elgar. . . The notes contain more than citations and are well worth reading. A welcome feature is that after each set of notes there is a list of the most important writings on the topic followed by a list of the

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Unilateral effects from mergers the Oracle case
1
Transatlantic issues in the European merger review of OraclePeopleSoft harmonious dissonance
16
Merger to monopsony in Canada Europe and the United States a selected international comparison
41
Tweedledum and Tweedledee? Regime dynamics in US and EC merger control
72
A transatlantic assessment of the evolving use of behavioural merger remedies
108
Judicial review of mergers in Europe Tetra Laval GEHoneywell and the convergence toward US standards
153
Discounts rebates and selective pricing by dominant firms a transAtlantic comparison
195
A dominant firms duty to deal EC and US antitrust law compared
236
Issues relating to the enforcement and application of criminal laws in respect of competition
466
The brave new world of extradition a North Atlantic treaty alliance against cartels?
493
Lessons learned from the US experience in private enforcement of competition laws
515
The role of nonlitigation strategies advocacy reports and studies as instruments of competition policy
541
Information please opening antitrust to the public why more European Union Court and Commission documents and hearings should no longer be se...
552
The goals of antitrust thoughts on consumer welfare in the US
566
Competition enforcement and consumers
594
The distributional consequences of antitrust
605

Tying a transatlantic perspective
287
Abuse of dominance enforcement under Latin American competition laws
319
Substantial convergence the US influence on the development of the regulatory framework for IP licensing in the EC
335
The right balance of competition policy and intellectual property law a Federal Trade Commission perspective
356
Compulsory access as an antitrust remedy when why and how is it applied in EU and US law?
398
Regulation in Brazil retrospect and prospects
414
Regulatory and competition issues in the transatlantic air transport sector towards a transatlantic open aviation area
444
Merger control and crossborder transactions a pragmatic view on cooperation convergence and what is in between
622
Bilateral enforcement cooperation agreements
641
An antitrust analysis of the World Trade Organizations decision in the USMexico arbitration on telecommunications services
679
Mexicos competition law North American origins European practice
718
Competition policies in Latin America postWashington Consensus
732
Index
759
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302 페이지 - ... making the conclusion of. contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
454 페이지 - Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks. They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.
246 페이지 - In the absence of any purpose to create or maintain a monopoly, the act does not restrict the long recognized right of trader or manufacturer engaged in an entirely private business, freely to exercise his own independent discretion as to parties with whom he will deal; and of course, he may announce in advance the circumstances under which he will refuse to sell.
73 페이지 - ... where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition...
265 페이지 - Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market in so far as it may affect trade between Member States.
190 페이지 - The reviewing court shall: (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (a) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law...
267 페이지 - United States v. Grinnell Corp., 384 US 563, 571, 576 (1966).* Mr. Justice DOUGLAS: The offense of monopoly under § 2 of the Sherman Act has two elements: (1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.
249 페이지 - Articles 85 and 86, it follows that an undertaking which has a dominant position in the market in raw materials and which, with the object of reserving such raw material for manufacturing its own derivatives, refuses to supply a customer, which is itself a manufacturer of these derivatives, and therefore risks eliminating all competition on the part of this customer, is abusing its dominant position within the meaning of Article 86.
178 페이지 - ... it will ordinarily be enough that the plaintiff has raised questions going to the merits so serious, substantial, difficult and doubtful, as to make them a fair ground for litigation and thus for more deliberate investigation.
254 페이지 - Co. was not motivated by efficiency concerns and that it was willing to sacrifice short-run benefits and consumer goodwill in exchange for a perceived long-run impact on its smaller...

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