By Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel
This ebook presents an unheard of comparative research of 2 "hot subject matters" within the box of antitrust and unfair festival legislation with reference to a few key countries.
The first a part of the ebook examines even if small and middle-sized companies may possibly or might be topic to express festival principles. those companies account for ninety nine% of the agencies in Europe and the U.S., making this a very vital subject. The papers think of either the private and non-private enforcement principles throughout a number of jurisdictions and an in depth foreign document, ready by means of Michele Carpagnano, identifies normal tendencies and highlights alterations and the main attention-grabbing positive aspects of nationwide regulations.
The moment a part of the e-book gathers contributions from quite a few jurisdictions at the unfair pageant query of no matter if an organization may perhaps or will be protected from using their trademark, distinct indicators and different elements in their photograph and id at the a part of non-competing businesses. The papers concentrate on the basic factor of the aggressive dating as a situation of safety below unfair festival acts and the relationship to highbrow estate safety. the excellent and insightful overseas record, ready by way of Martine Karsenty-Ricard, brings jointly those reflections through evaluating a number of nationwide positions.
The booklet 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 recommendations and proposals. The overseas League of festival legislations (LIDC) is a long-standing overseas organization that makes a speciality of the interface among pageant legislations and highbrow estate legislation, together with unfair festival issues.
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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. 120 See Bailey, United Kingdom, Part I, Chap. 14, pp. 253 ff. , France, Part I, Chap. 7, p. 123. , France, Part I, Chap. 7, p. 124. 123 See Neyrinck, Belgium, Part I, Chap. 3, p. 58. 124 See Neyrinck, Belgium, Part I, Chap. 3, p. 58. 125 See recent developments in Germany and ECJ, case C-360/09, Pfleiderer AG v Bundeskartellamt, ECR 2011 I-5161.
125 See recent developments in Germany and ECJ, case C-360/09, Pfleiderer AG v Bundeskartellamt, ECR 2011 I-5161. 1 International Report 25 In the US, SMEs are jointly and severally liable for all damages caused by the cartel. 126 Moreover, treble damages also apply to SMEs. This circumstance, coupled with the joint and several liability and the absence of a right to contribution, could, in the worst scenario, eliminate SMEs from the market. 127 This proposal should indeed be discussed not only for treble damages but also for public sanctions in European jurisdictions.
Franq, L. Idot, International Antitrust Litigation, 2012. 118 J. Basedow, S. Franq, L. Idot, International Antitrust Litigation, 2012, p. 3. E. Castellanos, Competencia Judicial internacional en las acciones de reparacio´n de dan˜os y perjuicios por infraccio´n del Derecho Antitrust in L. : La aplicacio´n privada del Derecho de la Competencia, 2010, p. 619. Ashton, D. , Choice of court and applicable law in tortious actions for breach of Community competition law, in ZweR 2006, pp. 1–26. 1 M. 119 This can be particularly expensive and time consuming in comparison to the success rates.