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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights

Edited by: Bruce Kilpatrick, Pierre Kobel, Pranvera Kellezi

ISBN13: 9783319271576
Published: June 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £139.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book provides and unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries.

The first part of the book examines the consistency and compatibility of transactional resolutions of antitrust proceedings (such as settlement procedures, leniency programmes and commitments) with due process and the fundamental rights of the parties. This is a particularly important topic, given the widespread adoption of these procedures by anti-trust authorities worldwide. The individual chapters consider how the leniency, settlement and commitments procedures have developed across a range of jurisdictions, and discuss the extent to which checks and balances have been applied in those national procedures in order to safeguard the fundamental rights of the parties involved. A detailed international report identifies general trends and highlights the differences between and most interesting features of national regulations.

The second part of the book gathers contributions from various jurisdictions on the unfair competition-related question of the online exhaustion of IP rights. As commerce is increasingly moving online, the respective chapters consider the extent to which exhaustion and similar concepts have adapted to these rapid changes. The comprehensive and insightful international report brings together these reflections by comparing various national positions.

The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The international League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Competition Law, Intellectual Property Law
Part I - Due Process in Antitrust Transactional Mechanisms: Pranvera Kellezi, International Report
Barbora Jedlickova, Julie Clarke and Sitesh Bhojani, Australia
Gerhard Fussenegger, Austria
Jenna Auwerx, Belgium
Jose Carlos da Matta Berardo, Bruno B. Becker, Brazil
Jiri Kindl and Michal Petr, Czech Republic
David Bosco, France
Eckart Bueren, Germany
Aniko Keller, Hungary
Alberto Camusso, Italy
Aleksander Stawicki, Bartosz Turno, Tomasz Feliszewski, Krzysztof Kanton and Katarzyna Karasiewicz, Poland
Darija Ognjenovic, Serbia
Julia Suderow and Amaya Angulo Garzaro, Spain
Helene Andersson, Sweden
Daniel Emch, David Neuenschwander and Alisa Burkhard, Switzerland
Marc Israel, United Kingdom
Emilio E. Varanini, United States of America

Part II - Online Exhaustion of IP Rights: Vincenzo Franceschelli, International Report
Max W. Mosing, Austria
Jan Clinck and Benjamin Docquir, Belgium
Paulo Parente Marques Mendes, Brazil
Teodora Tsenova, Bulgaria
Karin Pomaizlova, Czech Republic
Mary-Claude Mitchell, Jean-Louis Fourgoux, Rachel Nakache and Tiphaine Delannoy, France
Thomas Hoeren, Germany
Zsofia Lendvai, Hungary
Francesca La Rocca, Italy
Adrien Alberini, Switzerland
Bill Batchelor and Luca Montani, United Kingdom.