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The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.
Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Human rights. --- Trade. --- Private International Law, International & Foreign Law, Comparative Law. --- European Law. --- Human Rights. --- International Economic Law, Trade Law. --- Antitrust law (International law) --- Competition, Unfair. --- Competition --- Competition, Unfair --- Competition law --- Fair trade --- Unfair competition --- Unfair trade practices --- Law and legislation --- Commercial crimes --- Commercial law --- Industrial property --- Torts --- Advertising laws --- International law --- Private International Law, International & Foreign Law, Comparative Law . --- Law—Europe. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law
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This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators.
Antitrust law. --- Internet governance --- Competition law / Antitrust law --- Intellectual property law --- IT & Communications law
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Comparative research in the area of property law is gaining importance. Against the background of the current discussion of developing model rules, aimed at facilitating European private law harmonisation, and of ongoing law reform projects in a number of EU Member States, this volume addresses key issues in the field of the transfer of corporeal movable property.
Transfer (Law) --- Property --- Economics --- Possession (Law) --- Things (Law) --- Wealth --- Alienation (Law) --- Acquisition of property --- Singular succession --- Law and legislation --- Primitive property
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