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Antitrust law --- Cartels --- Combinations, Industrial --- Combinations in restraint of trade --- Industrial combinations --- Big business --- Competition --- Industrial concentration --- Monopolies --- Restraint of trade --- Commodity control --- Interlocking directorates --- Trusts, Industrial --- Anti-trust law --- Competition law --- Commercial law --- Trade regulation --- Criminal provisions --- European Union countries. --- Law and legislation --- Law --- Criminal provisions&delete& --- European Union countries
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The challenges facing the criminalisation of cartel activity in the European Union are threefold: theoretical, legal, and practical. This text analyses these crucial challenges so that the complexity of the process of European antitrust criminalisation can be accurately understood.
Antitrust law --- Cartels --- Criminal provisions. --- Combinations, Industrial --- Combinations in restraint of trade --- Industrial combinations --- Big business --- Competition --- Industrial concentration --- Monopolies --- Restraint of trade --- Commodity control --- Interlocking directorates --- Trusts, Industrial --- Anti-trust law --- Competition law --- Commercial law --- Trade regulation --- Law and legislation --- Law
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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.
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Comparative law --- Droit comparé --- Cartels --- Cartels --- Antitrust law --- Concurrence --- Law and legislation --- Droit --- Droit
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In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
International relations. Foreign policy --- Economic policy and planning (general) --- European law --- Commercial law. Economic law (general) --- Literature --- literatuur --- economisch recht --- Europees recht --- Europese eenmaking --- Europe
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