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Keywords: Enforcement and procedure
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Competition Law and Policy in the EU
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David Bailey and Laura Elizabeth John
Published: 20 December 2018
... of Nice , 11 which enacted institutional reforms in anticipation of further accessions to the EU. The ‘European Community’ was subsumed into the ‘European Union’ by the Treaty of Lisbon 12 with effect from 1 December 2009. Single market Enforcement and procedure Court...
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Competition (Law Enforcement) and Economic Growth
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Thomas K Cheng
Published: 28 May 2020
... law. One other factor that has been traditionally given a high degree of importance for economic growth in developing countries is foreign direct investment. Economic or commercial activity Economics Enforcement and procedure Economic activities or development The overarching thesis of this book...
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Procedural Fairness in Antitrust Enforcement: The U.S. Perspective
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Christopher S Yoo and Hendrik M Wendland
Published: 24 January 2019
... of antitrust enforcement depends on more than just well-designed substantive principles. It also requires enforcement procedures that enhance accuracy, ensure fairness, promote confidence in the overall system, and prevent abuses of power. US law attempts to accomplish these goals through the four key...
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Due Process and Transparency Requirements for Investigating Competition Cases in Taiwan
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Andy C M Chen
Published: 24 January 2019
... conditions Basic principles of competition law Enforcement and procedure Jurisdictions It is widely recognized in principle that due process and transparency requirements benefit both the competition agency and the investigated parties during the investigation of competition cases by making the final...
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Procedural Fairness in Hong Kong Competition Law
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Kelvin Hiu Fai Kwok and Thomas K Cheng
Published: 24 January 2019
... terms (FRAND) Unfair trading conditions Basic principles of competition law Enforcement and procedure Procedural issues, while often overlooked, are of paramount importance to every competition law regime. Given the heavily punitive nature of competition law penalties in many jurisdictions...
Chapter
Published: 24 January 2019
... review; and the procedural fairness protections for third parties. Fair, reasonable, and non-discriminatory terms (FRAND) Price transparency Unfair trading conditions Basic principles of competition law Enforcement and procedure Many of the procedural fairness and transparency issues that arise...
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Due Process in Competition Law Proceedings: Practical Considerations of a Consensus Awaiting Convergence
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Paul O’Brien
Published: 24 January 2019
... terms (FRAND) Unfair trading conditions Basic principles of competition law Enforcement and procedure Due process—or, if you prefer, any of the related concepts of procedural fairness, natural justice, rights of defense, or procedural safeguards 1 —has attracted increased attention...
Chapter
Enforcement in the European Court
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Kelyn Bacon
Published: 01 September 2013
...State and competition law State aid Enforcement and procedure Appeals Appeals to General Court Annulment of decisions Interim relief Appeals to Court of Justice Review of decisions by European courts Main legislation and guidelines Statute of the Court of Justice Rules of Procedure...
Chapter
The Institutional Framework
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Luis Ortiz Blanco and Konstantin Jörgens
Published: 01 September 2013
...Enforcement and procedure Enforcement by EU Commission Enforcement of Articles 101 and 102 TFEU European Competition Network National Courts National Competition Authorities (NCAs) Cooperation with ECN Court of Justice General Court Regulation 1/2003 1.01 The basic European Union...
Chapter
The Role of National Competition Authorities
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Luis Ortiz Blanco and Konstantin Jörgens
Published: 01 September 2013
...abstracts and keywords to be supplied. Enforcement and procedure National enforcement National Competition Authorities (NCAs) Co-operation between enforcers Co-operation between Commission and member states European Competition Network Exchange of information within ECN Commission power...
Chapter
The Organization of European Commission Proceedings
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Luis Ortiz Blanco and others
Published: 01 September 2013
...abstracts and keywords to be supplied. Enforcement and procedure Enforcement by EU Commission Commitments decisions Interim measures Power to withdraw case Complaints Burden and standard of proof Confidentiality Professional secrecy Evidence 4.01 The system of enforcement set out...
Chapter
Opening of the File and of Proceedings; Transparency
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Luis Ortiz Blanco and Konstantin Jörgens
Published: 01 September 2013
...Abstracts and keywords to be supplied. Enforcement and procedure Enforcement by EU Commission Complaints Investigations Access to the file 5.01 Instead of spending its time processing notifications of largely benign agreements, the objective of Regulation 1/2003 was to enable...
Chapter
Published: 01 September 2013
...Abstracts and keywords to be supplied. Enforcement and procedure Infringement cases Regulation 1/2003 Commission power of sanction Negligent infringements Fines Limitation period Fining Guidelines Judicial review Periodical penalty payments 11.01 There is no specific requirement...
Chapter
Rejection of Complaints
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Manuel Kellerbauer and others
Published: 01 September 2013
...abstracts and keywords to be supplied. Enforcement and procedure Complaints Article 101 TFEU Article 102 TFEU Regulation 1/2003 National Competition Authorities (NCAs) 12.01 Procedures can be commenced by a formal complaint. 1 It is also possible that the Commission...
Chapter
Other Special Procedures
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Ralf Sauer and others
Published: 01 September 2013
...Abstracts and keywords to be supplied. Enforcement and procedure Interim measures Article 101 TFEU Regulation 1/2003 Block exemptions National Competition Authorities (NCAs) Fines Judicial review 14.01 Article 8 of Regulation 1/2003 2 empowers the Commission, ‘[i]n...
Chapter
Steps Following the Adoption of a Formal Decision. Judicial Review
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Luis Ortiz Blanco and Konstantin Jörgens
Published: 01 September 2013
...Abstracts and keywords to be supplied. Enforcement and procedure Infringement cases Fines Periodical penalty payments Jurisdictions European Annulment of decisions Interim measures 15.01 The Commission’s activity does not cease with the adoption of formal decisions in matters...
Chapter
Procedures
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Marcos Araujo Boyd and Nicolas von Lingen
Published: 01 September 2013
...Abstracts and keywords to be supplied. Enforcement and procedure Notification Forms Initial (Phase I) investigation Timing Serious doubts (Phase II) investigations Remedies in merger cases Inspections Infringement cases Sanction, Commission's power of 17.01 The clearance procedure...
Chapter
Judicial Review of Commission Decisions Regarding Concentrations
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Marcos Araujo Boyd and Nicolas von Lingen
Published: 01 September 2013
...abstracts and keywords to be supplied. Enforcement and procedure Concentrations Commission General Court Article 6 Merger Regulation decisions Commission power of sanction Article 8 Merger Regulation decisions Damages Annulment of decisions Interim measures 18.01 The Courts...
Chapter
Role of National Courts
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Jean Paul Kapenne and Carlos Urraca Caviedes
Published: 01 September 2013
...abstracts and keywords to be supplied. Enforcement and procedure National Courts Unlawful aid Litigation Court of Justice Cooperation with ECN 26.01 The concept of the ‘lawfulness’ of aid involves compliance with the procedural obligation laid down in Article 108(3) of the Treaty...
Chapter
Published: 01 September 2013
...abstracts and keywords to be supplied. Enforcement and procedure European Economic Area (EEA) European Free Trade Association European Union Allocation of cases Modernisation Co-operation between enforcers Judicial review National courts State aid 28.01 This chapter seeks to set...