Elgar Competition Law and Practice series – Serie

This book provides an unparalleled comprehensive treatment of the competition laws of the ASEAN member states. Taking a unique thematic approach, the book covers the ASEAN approach to anti-competitive agreements, abuse of dominance, mergers and combinations, exemptions, investigations, enforcement, remedies and appeals. The book also describes the role and functions of ASEAN competition institutions.Drawing on legislation, case law, guidelines and practice notes from within ASEAN and from other jurisdictions, including Australia, the EU, the UK and the USA, the book offers a holistic description and analysis of the competition laws of the ASEAN member states, considering not only their scope and reach, but also describing how economic concepts and tools are applied.>Key FeaturesUnique thematic approach with jurisdictional details integrated within the analysisIn-depth explanation and analysis of the competition laws of ASEAN member statesExpands on the role of ASEAN competition institutions and appellate bodiesDescribes how economic concepts and tools are applied in competition law analysisDraws on laws and practice from Australia, the EU, UK and USA to explain and interpret ASEAN competition lawCompetition Law in ASEAN is an essential resource for practicing lawyers and regulators requiring an in-depth understanding of competition law in ASEAN. It also provides a platform for academic research in the field, and for legislators pursuing competition law reform.

This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights (IPRs).Beginning with a primer on the general principles that underpin intellectual property and competition law, the book then provides exhaustive coverage of the application of Article 101 TFEU on anticompetitive agreements to IP licensing. Detailed treatment of licensing agreements includes; agreements under the Technology Transfer Block Exemption regulation (TTBER); agreements outside of the scope of the TTBER, such as multilateral licences, pooling agreements and settlement agreements; horizontal agreements such as those relating to R&D; and vertical agreements such as those relating to distribution and franchising.Extensive analysis of the application of Article 102 TFEU on abuse of dominance provides clarity on when and how conduct relating to IPRs might infringe Article 102. This is followed by a chapter dedicated to the EU merger control regime and its implications for IPRs, including their role in merger remedies. Whilst there is a focus on the Tech sector throughout, the book also includes a chapter dedicated to the pharmaceutical sector, and finally a chapter on Competition Law standards and FRAND.Key Features:Focus on the Tech and Pharmaceutical sectorsExtensive commentary on relevant case law and landmark judgmentsCoverage of general principles which underpin competition law and IPRsPractical guidance on how lawyers might assess the likelihood of infringement and advise clients accordinglyComprehensive treatment of competition rules relating to licence agreements across Patents, Copyright and Trade MarksEU Competition Law and Intellectual Property Rights is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.

This book provides a systematic analysis of the law and practice of EU competition/antitrust law and trade regulation in the pharmaceutical sector. Authored by leading private practitioners, economists, scholars and high-profile competition enforcers, this work provides valuable insider knowledge on the application of competition law and policies to the pharmaceutical industry. Key features include: Extensive commentary on the legislation and the latest case law and administrative precedents in the pharmaceutical sector, at both EU and national levelCoverage of various key developments including the recent pay-for-delay antitrust investigations, the perennial issues around parallel trade, and an examination of mergers among pharmaceutical companies and medical devices manufacturersIn-depth analysis of topics commonly raised in the pharmaceutical sector including: pricing policies, IP life-cycle management, IP licensing and horizontal cooperation agreementsKey economic and business perspectives to accompany legal analysis, providing the reader with a rounded view of the subject matter.This book will be a useful resource for lawyers and in-house counsel active in the pharmaceutical sector. The information and analysis provided will prepare readers to take on cases and drive the antitrust review of transactions and agreements within the industry. Researchers, economists and civil servants with an interest in competition law and trade regulation can also benefit from the practical insights provided therein.

Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law.This significantly expanded, restructured, and updated edition sets out the law in relation to actions for damages for loss caused by infringements of articles 101 and 102 of the TFEU, in both the EU and UK. The book now provides detailed guidance on the jurisprudence emanating from both jurisdictions, with careful reference, as in previous editions, to Directive 2014/104, and incorporating additional detail throughout on the variations in practice and interpretation in key member states.The book provides guidance on substantive issues, such as quantification of loss and pass-on, as well as evidentiary issues, such as access to documents, particularly in the context of leniency programmes, and the probative value of competition authority decisions. New to this edition is extensive treatment of collective redress in the EU and collective proceedings in the UK. In addition, the book has been restructured so that material on the parties to litigation and limitation, for example, are clearly presented in new chapters.Key features of the third edition include:The first major substantive volume to set out the law relating to actions for damages under EU competition law in both the EU and UKComprehensive and clearly structured reference point for this complex fieldUpdates on national developments from key jurisdictionsIncreased material on jurisdictionExtensive treatment of collective actionThe new edition of this comprehensive reference work remains a must-have resource for all competition practitioners in the EU and UK – from lawyers in private practice to in-house counsel, and from judges to officials at competition enforcement agencies.

Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in EU competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.Key Features:An overview of the history of LPPDiscussions on the practice of LPP in the EU and globallyCommentary on the relevant case law of the EU courts in relation to LPP in EU competition investigationsAnalysis of LPP in competition investigations in the EFTA countries, EU Member States, and other jurisdictionsThis book will be an essential resource for competition practitioners – both private practitioners and in-house counsel – as well as officials at the Commission and at the competition authorities and enforcement agencies.