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  • Hart Publishing, Oxford - Good books for lawyers
    2007 the International Association of Constitutional Law established an Interest Group on The Use of Foreign Precedents by Constitutional Judges to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases Its purpose was to determine through empirical analysis employing both quantitative and qualitative indicators the extent to which foreign case law is cited The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions The present work includes studies by scholars from African American Asian European Latin American and Oceania countries representing jurisdictions belonging to both common law and civil law traditions and countries employing both centralised and decentralised systems of judicial review The results published here for the first time give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts Tania Groppi is Professor of Public Law at the University of Siena Marie Claire Ponthoreau is Professor of Constitutional Law and Comparative Law at theUniversity of Bordeaux Hardback March

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462716 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Private Antitrust Enforcement in Europe Edited by Mel Marquis Giorgio Monti April 2020 0 pages Hardback 9781849468039 60 00 More info Add to basket Market Power in Competition Law Investigating the Concept of Dominance in Article 102 TFEU First Edition Hedwig KS Schmidt April 2020 256 pages Hardback 9781849463980 60 00 More info Add to basket The More Economic Approach to EU Antitrust Law First Edition Anne C Witt April

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=Hart%20Studies%20in%20Competition%20Law&SeriesFullTitle=Hart%20Studies%20in%20Competition%20Law&Published=no (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    shareholdings under both merger and antitrust law In particular economic analysis provides both an overall assessment of Minority Shareholdings in the context of concentrations and articles 101 and 102 of TFEU and the examination of the link between non controlling minority shareholdings merger control and antitrust law Second the book also provides a legal assessment and an analysis of selected case law According to settled European case law minority shareholdings are analysed not only under Regulation 139 2004 but also under article 101 TFEU and article 102 TFEU Nevertheless according to current enforcement practice at European and international levels several national competition authorities have adopted different approaches The million dollar question is whether the existing regulatory framework is sufficient to cover all possible cases In summary the book will be a useful tool for students practitioners researchers economic and legal experts and competition authorities It provides a comprehensive survey of the subject which has been missing until now and answers many questions that have been raised in the literature in the last decades Panagiotis Fotis is the Head of the Directorate of Economic Analysis of the Hellenic Competition Commission Nikolaos Zevgolis is a legal expert in the Directorate of Legal

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465342 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    with the current state of economics in this area raises an important question of legitimacy Using law and economic approaches this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting abuse In doing so this book establishes an overarching concept of abuse that conforms to the historical roots of the provision to the text of the provision itself and to modern economic thinking on unilateral conduct This book therefore inquires into what Article 102 TFEU is about what it can be about and what it should be about regarding both objectives and scope The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty the case law policy and literature on exploitative abuses and where relevant on exclusionary abuses The book investigates potential objectives such as fairness and welfare as well as the potential conflict between such objectives Finally it critically assesses the European Commission s modernisation of Article 102 TFEU before proposing a reformed approach to abuse which is centred on three necessary and sufficient conditions exploitation exclusion

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849469722 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    in media and communications are fundamental to a healthy economy and democracy In India and internationally there is no consensus on the exact manner and scope of interventions that are appropriate to protect competition and pluralism in media markets Many emerging economies including India are seeking to adopt their own regulation in this area taking their lead from the UK The issues have been brought into sharp focus in India in recent years First the enactment and implementation of modern but sector neutral competition law under the Competition Act 2002 has caused a step change in regulation towards an economics and effects based approach Second in 2013 the India telecoms regulator launched controversial reform proposals to apply a media specific approach to ownership regulation As academics lawyers businesses regulators and policy makers in India cast a glance at the international experience this book examines the legal economic and policy issues relating to regulation of ownership and control of media markets The focus of comparative assessment is on examples from the European Union EU Member States and the US Suzanne Rab is a barrister specialising in competition law EU law and regulation at Serle Court Chambers Alison Sprague is an economist

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466356 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of the European Union TFEU focusing on the notion of market separation namely conduct that may hinder cross border trade The discussion reviews among other things the treatment of geographic price discrimination and exclusionary abuse by which out of state competitors are affected Market separation cases are treated in the book as a case study for appraising the interface between competition and the Internal Market On this basis the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in market separation cases and the Treaty requirements under the free movement provisions In addition it utilises market separation cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play All in all the analysis presented in the book deconstructs the elements for establishing market separation as an abuse of the dominant position It shows that there is nothing that would justify a distinctive treatment of market separation under Article 102 TFEU other than a principled understanding of Internal Market law as a whole whatever understanding one reaches about the proper shape of the Internal Market interrogation of the proper application of competition law comes

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465694 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    populist roots of antitrust are still with us guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis Antitrust is very much about fairness and morality this book assesses how modern policy has hijacked popular support based on traditional conceptions of political and economic power to combat market power in narrowly defined micro markets Beginning with history but delving into moral and political philosophy Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims Fairness thus requires a balancing test based on context and respecting the rights of all parties involved While traditionally fairness arguments were used to justify intervention where economic analysis did not this book assesses them from first principles to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes Protecting weak consumers from strong monopolists may carry rhetorical weight but the reality of antitrust is that the state is much more powerful than almost all firms it regulates Protecting the strong from the weak especially when weak consumers hold legal power and influence might very well be a moral imperative This book offers a philosophical account of the conundrum facing competition policy

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465151 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission More recently the enforcement of EU competition law has become less centralised many would say even decentralised In 2004 essentially in an effort to increase enforcement capacity in the wake of EU enlargement the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes This combination of decentralisation and enforcement autonomy raises questions about the relationship between EU law and national law as well as about the costs of enforcement This new book links these questions by analysing how competences in the area of sanctions are distributed between EU and national law and how this influences the costs of enforcement The author s conclusions which highlight the economic implications of the choices made by competition authorities courts and legislators will be of use to all the above in further developing EU competition policy The PhD thesis on which this book is based was declared runner up in the 2013 Concurrences Awards Michael J Frese is a fellow at the Amsterdam Centre of European

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465182 (2016-02-13)
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