Download Antitrust Law amidst Financial Crises by Ioannis Kokkoris PDF

By Ioannis Kokkoris

The final word target of pageant legislation is to advertise pageant and, in such a lot jurisdictions, to reinforce client welfare. festival coverage could be put aside because of detailed and unheard of conditions, reminiscent of a monetary challenge that threatens the soundness of an financial system. it really is consequently very important to have a transparent knowing of festival legislations and the exceptions to it. the main factor that this publication addresses is whether or not a monetary hindrance can justify the adoption of a extra lenient method of confirmed felony criteria as a result dangers of the systemic concern to the full marketplace. It offers an research of exceptions to pageant legislation and coverage, really within the context of a monetary concern, explores the explanation of pageant legislations within the mild of conflicting pursuits, and serves as a worthy sensible advisor for coverage makers in addition to practitioners within the box.

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The Commission consists of twenty-seven commissioners, one from each member state of the EU. introduction 5 prevention of the merger. Thus, rather than an efficiency defence, we may need to consider an inefficiency defence as well. This is an important consideration that was clearly taken into account in a number of cases. In the penultimate chapter, we shall analyse the circumstances under which the authorities should place significant emphasis on the continuity of service or product, so significant that in certain cases even if the criteria of efficiency defence may not be strictly satisfied, the merger should be cleared on the basis of the prevention of the resulting inefficiencies from discontinuing the product or service.

In Germany, agreements to restrict competition generally were held to be legal under the principle of freedom of contract until the mid-twentieth century. The Penal, the Industrial and the Civil Codes, as well as the Law against Unfair Competition of 1909, have been applied by the German courts from time to time against monopolistic practices. An exhaustive investigation of German cartels was made by the German government between 1903 and 1906. In 1923, Chancellor Stresemann promulgated the Decree against the Abuse of Economic Power.

11 In the absence of the European Commission’s (‘the Commission’) decisions and of judgments of the Community courts that would clarify problematic issues of the practical application of the efficiency defence,12 the parties and their advisers rely on guidelines. In order to successfully present and sustain their efficiency claims, merging parties should have a clear understanding of at which stage of the merger assessment they should be introduced, how efficiencies will be assessed in relation to anti-competitive concerns and what kind of evidence should be produced.

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