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2023 (13)

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Book
L'économie européenne 2023-2024
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ISBN: 9782348079993 2348079992 Year: 2023 Publisher: Paris : La Découverte,

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Abstract

L'OFCE propose un bilan annuel de l'économie européenne. L'édition 2023-2024 se concentre sur les enjeux multiples résultant du retour de l'inflation en Europe. L'hétérogénéité des sources et des niveaux d'inflation selon les pays a conduit à des réactions différentes des gouvernements tandis que la politique monétaire uniforme devenait restrictive. Les conséquences sur le pouvoir d'achat, sur la précarité énergétique et sur la sécurité alimentaire des ménages ont pu diverger d'un pays à un autre et renforcer les inégalités sociales. L'ouvrage analyse également les conséquences de l'invasion russe en Ukraine sur les systèmes agricoles, ainsi que les sanctions européennes. Il aborde enfin trois autres thématiques d'actualité européenne : les débats relatifs au cadre budgétaire européen ; l'état des lieux de l'union bancaire ; l'emploi des séniors.


Book
European Yearbook of International Economic Law 2022
Author:
ISBN: 303128531X 3031285328 Year: 2023 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Volume 13 of the EYIEL focuses on “Climate Change and Liability”. The volume starts with a distinguished essay about the decision of the German Constitutional Court on the Climate Change Act in a European and international context. The following contributions consider different aspects of climate change in international economic law.


Book
Risk Sharing in the Euro Area : Legal Aspects
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ISBN: 9783031196003 Year: 2023 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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The book offers a horizontal legal analysis on the problematic of risk sharing, which arises inevitably in an economic and political integration process, such as in the European Union, and even more so in the euro area. The question is how the burden of adverse economic developments is spread across the integration area, in this case the euro area, whether risk is distributed evenly and what risk sharing mechanisms apply. The book looks at the legal basis and the concrete stage of development of such mechanisms in European law, as well as at divergences among national legal orders and practices as a source for risk asymmetries. Individual contributions refer in particular to the areas of banking, capital markets and unemployment insurance. The point of view adopted in the book is important for everyone who wants to develop a robust understanding of the practical functioning of the complex integration process regulated by EU law.


Book
VBER 2022: EU Competition Law for Vertical Agreements : Digital, Dual, Exclusive and Selective Distribution plus Franchising
Author:
ISBN: 3031350243 3031350235 Year: 2023 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This book tackles the Vertical Block Exemption Regulation ("VBER"). The VBER 2022 is the new playbook in Europe for vertical agreements. Vertical agreements, i.e. between parties from different levels of the production or distribution chain, are ubiquitous in the EU economy. Vertical agreements which appreciably restrict competition are, in principle, void, and subject to fines. By exception, agreements may already fall outside the scope of competition law or may be exempt if their pro-competitive effects prevail. Whether they do or not requires an individual assessment of each agreement, with respective legal uncertainty. The VBER, however, is the shortcut to legally certain vertical agreements because it exempts groups of vertical agreements from the prohibition of anti-competitive agreements. It therefore builds the practical core of distribution law. Only understanding and implementing the VBER ensures a compliant distribution set-up. This goes for all kinds of vertical agreements, especially: digital, dual, exclusive and selective distribution plus franchise. The VBER 2022 is intended to take into account market developments, in particular the strong growth in e-commerce. Digitalisation has reinforced the trend toward verticalization – and thus toward dual distribution. The VBER 2022 now "reboots" the existing playbook, making it fit for digital distribution. And this book shall help – as a shortcut to understanding the VBER – to quickly and easily pass the transition to the new rules. This book is written from the distribution / contract drafting perspective. It is born out of the author’s practice as German attorney-at-law and partner in the international law firm Taylor Wessing. This book aims at providing private practitioners, in-house counsels as well as officers within authorities and judges practical guidance on the “rebooted” competition law regime in the European Union, including many examples of provisions to be used, especially in distribution and franchise agreements. It also tables and checklists for creating new and adapting existing agreements to the VBER. This book has been written while accompanying the reform discussions and the introduction of the VBER 2022 as an author, speaker and private practitioner.


Multi
European Yearbook of International Economic Law 2022
Authors: --- --- --- --- --- et al.
ISBN: 9783031285325 9783031285318 9783031285332 9783031285349 Year: 2023 Publisher: Cham Springer International Publishing :Imprint: Springer

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Abstract

Volume 13 of the EYIEL focuses on “Climate Change and Liability”. The volume starts with a distinguished essay about the decision of the German Constitutional Court on the Climate Change Act in a European and international context. The following contributions consider different aspects of climate change in international economic law.


Book
Law and Economics of the Digital Transformation
Authors: ---
ISBN: 3031250591 3031250583 Year: 2023 Publisher: Cham : Springer Nature Switzerland : Imprint: Springer,

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This book pursues the questions from a broad range of law and economics perspectives. Digital transformation leads to economic and social change, bringing with it both opportunities and risks. This raises questions of the extent to which existent legal frameworks are still sufficient and whether there is a need for new or additional regulation in the affected areas: new demands are made on the law and jurisprudence.


Book
Restrictions of EU Competition Law in the Digital Age : The Meaning of 'Effects' in a Digital Economy
Author:
ISBN: 3031313399 3031313380 Year: 2023 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.


Multi
Interim Measures in Cross-Border Civil and Commercial Disputes
Authors: ---
ISBN: 9783031287046 9783031287039 9783031287053 9783031287060 Year: 2023 Publisher: Cham Springer International Publishing :Imprint: Springer

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The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.


Book
European Yearbook of International Economic Law 2022
Author:
ISBN: 9783031285325 Year: 2023 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

Volume 13 of the EYIEL focuses on “Climate Change and Liability”. The volume starts with a distinguished essay about the decision of the German Constitutional Court on the Climate Change Act in a European and international context. The following contributions consider different aspects of climate change in international economic law.


Book
Interim Measures in Cross-Border Civil and Commercial Disputes : Interim Relief Proceedings in International Litigation and Arbitration
Author:
ISBN: 9783031287046 Year: 2023 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

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