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Competition Law and Practice: A Review of Major Jurisdictions

Edited by: Marjorie Holmes

ISBN13: 9781905017959
Published: May 2009
Publisher: Cameron May Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Competition Law and Practice: A Review of Major Jurisdictions is a guide which compares the competition laws of long established regimes with those of emerging markets, such as China, Korea, India, Mexico, Brazil and Russia.

The book outlines each jurisdiction's view of price fixing along both horizontal and vertical lines, and some of the key exceptions which Governments allow. It documents the legislation out in place by emerging growth economies such as China, Korea, India, Mexico, Brazil and Russia, which have growing significance to companies trading internationally but have perhaps to date have been viewed as less transparent.

Subjects:
Competition Law
Contents:
SECTION 1: INTRODUCTION
1.1 Basis of National Competition Law
1.2 Interaction Between State and Federal Law, or National and European Community Law
1.3 Recent Changes and Developments in the National Competition Environment
SECTION 2: COMPETITION AUTHORITY AND SECTOR REGULATORS
2.1 Competition Authority/ies
2.2 Sector Regulators
SECTION 3: CARTELS AND ABUSE OF A DOMINANT POSITION
3.1 Cartels and Restrictive Agreements Between Competitors
3.2 Abuses of a Dominant Position
3.3 Penalties for Cartel Behaviour and Abuse of a Dominant Position
3.4 Key Decisions and Case Law
SECTION 4: ENFORCEMENT AND INVESTIGATION
4.1 Powers of Investigation
4.2 Leniency Programme
4.3 Complaints and Third Party Rights
4.4 Market Investigations and Sector Inquiries
4.5 Appealing Against a Decision of the Competition Authority
SECTION 5: SUBSTANTIVE LAW RELATING TO MERGERS
5.1 Thresholds
5.2 Notification
5.3 Merger Fees
5.4 Substantive Test
5.5 Timetable for Notifi cation
5.6 Penalties for Non-Compliance
5.7 Appeals Against Merger Decisions
5.8 Merger Rules Applicable to Specifi c Sectors
5.9 Recent Key Cases
SECTION 6: PRIVATE ENFORCEMENT FOR DAMAGES BEFORE NATIONAL COURTS
6.1 Procedural Issues
6.2 Key Cases for Damage Claims Before the National Courts
SECTION 7: CONCLUSION;