This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
The Business Law Guide to Belgium is essential reading for all companies doing business in Belgium, as well as for their legal advisers. This book is a time- and money-saving companion that deals with the legal aspects of most commercial scenarios from a practical point of view. Topics covered in the book include company law, mergers and acquisitions, accounting law, taxation and tax law, customs and excise law, financial law, employment law, residence and work permits, distribution law, E-commerce rules, intellectual property law, antitrust law, unfair trade practices, property law, environmental law, state aid rules, product liability law, data-protection rules, judicial composition and bankruptcy, and litigation and arbitration. Written by a team of Belgian lawyers at Van Bael and Bellis, this book reflects their day to-day experience with respect to the complex legal issues that arise under Belgian business law. This book is the only comprehensive treatise of Belgian business law available in English. Established in 1986, Van Bael and Bellis is one of the few independent international law firms based in Brussels. It advises companies from around the world on international trade law, antitrust law and Belgian business law, including corporate transactions and litigation.
In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares and reconstructs the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation (competition, financial services, chemicals, consumer law, electronic communications and energy). EU market supervision developments have been plentiful over the past decade, but have so far mainly been studied in their own sector-specific context. On the basis of an innovative cross-sector investigation, Pieter Van Cleynenbreugel identifies and conceptualises common or converging EU constitutional benchmarks underlying those sector-specific administrative design developments. Those benchmarks better allow to conceptualise, predict and restrain future EU integrated administration structures and initiatives in those and other fields of European Union law.
The purpose of this book is to describe the rules of due process as they are being applied today and as they have evolved over the years. The book offers an intensive analysis of the more important issues of due process that arise in the quasi-criminal context of infringement proceedings and in the somewhat less adversarial context of merger clearance proceedings.
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.
A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.
In The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area, Guillaume Van der Loo provides the first comprehensive legal analysis of this complex and controversial international agreement. While key political and legal hurdles towards the signing and conclusion of this agreement are analysed, its scope and contents are scrutinised and contrasted to other international agreements concluded by the EU. Specific attention is devoted to the ambitious “deep and comprehensive free trade area” and the unique provisions related to Ukraine’s approximation to the EU acquis. In particular, this book explores to what extent the agreement can be considered a new legal instrument for ‘EU integration without membership’.
Over the past decade, we have witnessed an apparent convergence of views among competition agency officials in the European Union and the United States on the appropriate goals of competition law enforcement. Antitrust policy, it is now suggested, should focus on enhancing economic efficiency, which we are to believe will promote consumer welfare. Recent EU Commission Guidelines on the application of Article 101 TFEU appear to banish considerations that cannot be construed as having an economic efficiency value – such as the environment, cultural policy, employment, public health, and consumer protection – from the application of Article 101 TFEU. Arguing that the professed adoption of an exclusive efficiency approach to Article 101 TFEU does not preclude, but rather obfuscates the role of non-efficiency considerations, the author of this timely contribution accomplishes the following objectives: traces the genesis of the shift to an efficiency orientation in EU and US antitrust policy and dispels several ingrained misconceptions that underpin it; demonstrates the close interrelationship between evolving images of the purpose of antitrust, the development of related enforcement norms, and enforcement output; provides in-depth analyses of a number of analytically rich cases in the audiovisual sector (and particularly those related to sports rights); and explores what the role of non-efficiency considerations in the application of Article 101 TFEU could and should be under the modernized enforcement regime.
Since the publication of its first edition, this textbook has been the prime choice of teachers and students alike, due to its clear and detailed explanation of the basic principles of the multilateral trading system and the law of the World Trade Organization (WTO). The fifth edition continues to explore the institutional and substantive law of the WTO. It has been updated to incorporate all new developments in the WTO's ever-growing body of case law. Moreover, each chapter includes a 'Further Readings' section to encourage and facilitate research and discussion on the topics addressed. As in previous editions, each chapter also features a summary to reinforce learning. Questions, assignments, and exercises on WTO law and policy are contained in an online supplement, updated regularly. This textbook is an essential tool for all WTO law students and will also serve as a practitioner's introductory guide to the WTO.
Trade policy has played a vital role in the decline of European electronics business. The events that resulted in the disappearance of the European television industry, of a European and Japanese video recorder format and of other European consumer electronics are directly related to market structures in exporting countries and business practices. In this book, factual business data shows and economic models explain how restrictive trade practices result in elimination of efficient competitors in export markets. It deals with the memorable case how a videocassette recorder format was established by dumping and how politics enabled it. An innovative tariff increase for CD players was invalidated by heavy dumping, causing closure of production in Europe. European CTV industry succumbed under permanent dumping and a series of biases – as the interest of a state-owned company – and serious errors making trade instruments void and rules irreconcilable with international agreements. Practical and theoretical examples and explanations, some in detail, of trade rules are provided. The book sketches events – carelessness, prejudice or special interests, arbitrary and false application of trade instruments and fraud – resulting in disappearance of various European electronics business segments.
LIBERAL TRADE AND JAPAN THE INCOMPATIBILITY ISSUE IN ELECTRONICS What would be the cause of those many trade conflicts between Japan and the West? Do just lack of competitiveness and protectionism or inaccessibility of the Japanese market trigger repetitive trade conflicts or some mix? It may also be that economic systems of Japan and the Western industrial nations are incompatible. Both, the question of competitiveness and of frictions between both systems are addressed in this book. Incongruity of the economy of Japan and Western liberal system would have serious consequences for the continuity of the world trade system. H a contradiction between the two systems is supposed to exist, such a hypothesis would require analysis of the basics of the existing trade system and of the Japanese economy and what its effects on world trade are. H it would be possible to explain salient features of Japanese competitiveness from these frictions perhaps some recommendations could be made for improvement of business and governmental trade policies and of the international trade system. The present world trade system is partly framed in rules dating from the end of the 1940s and reflecting economic experience as well as prevailing - both theoretical and ideological - economic thought in the period prior to their design. Part A investigates the liberal basis of the international economic system and general position of Japan in that system.
There is within the corporate world an evolving international restructuring race,between industrial complexes,that is set to intensify over the coming years.An industrial complex consists of suppliers,distributors,governments,financiers and trade unions.It is the reorganisation of the relationship between the core firm and the above components that is set to change before very long. In this book, Winfied Ruigrok and Rob van Tulder address many current debates on topics such as "Post-Fordism","globalisation" and "lean production".They also identify a number pf rival internationalisation strategies that have been adopted by different companies.Moreover,they present an abundance of new,as well as historical data,on the world's one hundred largest core companies.This data shows that none of the largest core firms is truly "global" or "borderless",and that virtually all of them in their history have benefited decisively from Governmental trade or industrial policies. The authors offer a highly interdisciplinary effort to link three previously isolated debates on industrial restructuring,globalisation and international trade policies.The Logic of International Restructuring is aimed at a wide academic,post-graduate and professional audience working in the areas of business,economics,organisational studies and international relations.
The text has again been brought up to date and extensively revised, especially the EC chapter. The chapter on the OECD has been transferred to Part One. The brought-up-to-date chapter on the CMEA has been maintained, but at the time ofwriting its abolition was still not decided. A new treaty on central andeasternEuropeancooperationwasnotyetapproved. My thanks are due to the persons listed below, who were kind enough to comment on the draft of certain chapters of part of chapters: my former students Mr Marc Quintyn of the International Monetary Fund and Luc Everaert of the World Bank, who - in addition - prepared information needed to bring the chapters concerned up to date, Dr Horst Bockelmann, economic adviser of the Bank for International Settlements. Mr J. Schotte of the Benelux secretariat, Mr Lars Erik P. Nordgaard of the EFTA Brussels Office. Of course, this does not necessarily imply that they share the conclu sions of the chapters involved. Numerous international and national civil servants and libraries kindly answered my questions. I want to thank espe Mr Jozef van den Broeck, head Information Office Belgium of the cially Commission of the European Communities, and Mr A. Carchon, conseiller d'AmbassadeBelgiumand thelibraryoftheBelgiancentralbank. I am very grateful to my wife, who has helped me at every stage of the preparation of this edition. She also undertook the compilation of the list of articles andtheindexes. MA. G. v. M.
Medicinal plants and plant-derived medicine are widely used in traditional cultures all over the world and they are becoming increasingly popular in modern society as natural alternatives to synthetic chemicals. As more and more natural remedies are being commercialised, there is a need for a user-friendly reference guide to the plants and their products. The book gives the reader a bird's eye view of more than 350 of the best known medicinal plants of the world and their uses, in a compact, colourful and scientifically accurate reference text. It provides quick answers to the most obvious questions: Where does this plant originate? What does it look like? In which culture is it traditionally used? What is it used for? Which chemical compounds does it contain? How safe is it? What is known about its pharmacological activity? What evidence is there that it is effective? The authors also provide short overviews of the various health conditions for which medicinal plants are used and the active compounds (secondary metabolites) found in the plants and their modes of actions. This new edition has an additional 30 plant species, many new and improved photographs and the text has been fully updated to reflect the latest regulatory status of each plant.
This volume provides a complete breakdown of all EC competition law developments in the last year, clearly laid out to ensure the relevant information is easily accessible. It also contains all the relevant EC legislation, cases and decisions, helping you work effectively through this area of law.
The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.
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