By Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel
This book presents an exceptional comparative research of 2 "hot themes" within the box of antitrust and unfair pageant legislation in regards to a few key countries.
The first a part of the publication examines no matter if small and middle-sized companies may perhaps or can be topic to precise festival ideas. those companies account for ninety nine% of the organisations in Europe and the USA, making this a very very important subject. The papers think about either the private and non-private enforcement ideas throughout more than a few jurisdictions and a close foreign record, ready by means of Michele Carpagnano, identifies normal developments and highlights adjustments and the main fascinating good points of nationwide regulations.
The moment a part of the publication gathers contributions from a variety of jurisdictions at the unfair festival query of even if an organization may or might be protected from using their trademark, certain symptoms and different elements in their photograph and id at the a part of non-competing businesses. The papers specialize in the elemental factor of the aggressive courting as a situation of defense below unfair festival acts and the relationship to highbrow estate safety. the great and insightful overseas file, ready through Martine Karsenty-Ricard, brings jointly those reflections by way of evaluating a variety of nationwide positions.
The publication additionally contains the resolutions glided by the overall meeting of the LIDC following a debate on each one of those themes, which come with proposed options and proposals. The foreign League of pageant legislations (LIDC) is a long-standing foreign organization that makes a speciality of the interface among festival legislations and highbrow estate legislation, together with unfair festival issues.
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The yankee legislation Institute venture on WTO legislations undertakes every year research of the case legislation from the adjudicating our bodies of the WTO. journalists' stories for 2001 disguise quite a lot of WTO legislations situations, whose insurance levels from vintage alternate in items concerns to highbrow estate security. each one case is evaluated together by way of an economist and a attorney.
This day there are greater than 2,500 bilateral funding treaties (BITs) worldwide. every one of these funding safeguard treaties supply international traders a right away reason behind motion to assert damages opposed to host-states earlier than overseas arbitral tribunals. This process, including the requirement of repayment in oblique expropriations and the reasonable and equitable remedy commonplace, have remodeled the way in which we predict approximately kingdom legal responsibility in overseas legislation.
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Extra info for Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors
Moreover, the Hungarian presumption could also be a potential solution. According to this presumption, unless otherwise proved, horizontal price fixing and/or market-sharing arrangements are assumed to determine an increase equivalent to 10 % of the contractual prices. This option certainly has some disadvantages, since the price increase could easily be over the 10 % threshold for long duration cartels or below, in the case of cartels having a shorter duration. Nonetheless, both parties would save litigation costs, and the courts would be able to take fast decisions.
Along this line, the present report aims at gathering data and legal analysis to contribute to the delineation of Belgian antitrust law for SMEs. Hence, in accordance with the general directives provided in the LIDC questionnaire, this report studies whether Belgian SMEs are subject to different rules from those applicable to other economic operators and what rationales support possible differences of treatment. In so doing, we take into account the economic context under which The original version of this paper was submitted in September 2012 for the LIDC Prague Congress; minor editorial changes were made in June 2013 for publication purpose only.
See also J. Suderow, El acceso a las pruebas en expedientes de la Comisio´n Europea y los lı´mites establecidos por su programa de Clemencia, in L. : La aplicacio´n privada del Derecho de la Competencia, 2011, p. 535. 88 SMEs may face more difficulties than other companies if they are not well assessed and informed or if they are not party to the administrative proceeding. 89 In the US, SMEs also have the same rights of access to evidence against them as individuals; they receive enhanced due process rights if the SME is ran by individuals and have a sole owner.
Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors by Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel