Search results for: commercial-agreements-and-competition-law

Commercial Agreements and Competition Law

Author : Nicholas Green
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In the pursuit or contemplation of international commercial activities, numerous questions of law arise. This edition of the Encyclopaedia of Law Series answers these questions in a single resource. 'Commercial law' covers merchants' status & obligations (such as bookkeeping), their bankruptcy, & their instruments for business. 'Economic law', a relatively new legal branch, deals with state intervention in economic activities & includes law of establishment, law of competition, & state regulation of conditions of commercial transactions. Specific topics covered in this work include broker/client relations, contracts affecting competition, & government taxation incentives for economic activities. This concise edition provides a regularly updated source of key information at both the national & international levels written by experts in the field. It is therefore an invaluable resource for both academics & practitioners. Countries covered: Australia, Belgium, Denmark, Finland, Hellas, Ireland, Israel, Italy, Turkey, Uruguay, Yugoslavia. Update frequency: 4-6 supplements per year.

Commercial Agreements Trade Association Practices and Competition Law in the EEC

Author : Nicholas Green
File Size : 70.29 MB
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Commercial Agreements

Author : Green
File Size : 84.96 MB
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European Union Competition Law in the Airline Industry

Author : John Milligan
File Size : 55.38 MB
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Since the liberalisation of air transport in the EU in the late 1980s, with the application of competition law to agreements and practices within the EU, and between EU and non-EU airlines since 2004, competition has intensifi ed and the industry has evolved, with the emergence of low cost carriers, greater consolidation between full service carriers through mergers and alliances, and most recently, convergence of business models as airlines respond to competitive pressures. The enforcement of competition law has also increased within the EU – at EU and EU member state level and internationally. This practical and thoroughly researched book, minimising the need for cross-referencing, is the only current comprehensive study of European competition law from the perspective of the airline industry. Among the issues and topics covered are the following: - commercial agreements between airlines such as code-sharing, mergers and alliances and other joint ventures; - means of distribution such as computer reservation (or global distribution) systems and travel agents; - supply and distribution agreements; - abusive conduct by dominant companies including airports, airlines, or other companies; - cartels, including the Airfreight cartel case; - information exchange between competitors; - procedure, enforcement and private actions for damages; - state aid to airlines by Governments, through agreements between regional airports and low cost carriers, and aid to airports; and - subsidies by non-EU countries to airlines. The author also gives an overview of the liberalisation process, the European Common Aviation Area, agreements with non-EU countries, latest developments (including Brexit) and ongoing trends. As a practical guide to the application of competition law in relation to drafting commercial agreements, planning and structuring mergers and alliances, assessing existing agreements, or handling claims or disputes among airlines or airports, legal practitioners in the transport fi eld will fi nd this book to be of inestimable value, as will business persons at airlines and airports. For regulators, academics, and university libraries, this book will also prove itself indispensable.

Commercial Agreements and Trade Association Practice and Procedure in EEC and UK Competition Law

Author : Nicholas Nigel Green
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Standard Conditions of Commercial Contracts

Author : Peter Wilding
File Size : 64.31 MB
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UK consumer protection and competition law now affect almost all industries and every type of commercial agreement, which is why all solicitors and in-house lawyers, as well as company secretaries and commercial and contracts staff at all levels, need to understand the practical implications of these laws for their business. In addition, they need to understand how contractual terms can be used to protect their company from litigation. This Report combines up-to-date commercial law with practical methods of translating this law into documentation. It identifies and analyzes the different types of contract and how they are affected by the various statutes, ensuring that you fully grasp the impact of current legislation and case law. It will ensure that you: improve your understanding of UK and EU consumer protection law and policy, and their impact on a variety of commercial contracts; draft commercial agreements using terms that reduce the risk of consumer litigation or breaching the law; analyze the practical value of standard clauses designed to exclude and limit potential liabilities in commercial contracts; understand the impact of competition law in determining whether certain terms can or cannot be included in your commercial contracts; negotiate cross-border agreements that don't fall foul of EU law, for example on supply and distribution networks or the protection of intellectual property; effectively review all your standard conditions of contract and terms of business.

Commercial Law

Author : Robert Bradgate
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Commercial Law has been written principally for students taking an elective in commercial law on the Legal Practice Course. It covers all the core areas of general commercial practice, including agency and distribution agreements; sale and supply of goods and services; international sales contracts; credit and security; bills of exchange; competition law; intellectual property law and commercial contracts including specimen sets of terms of sale and purchase. Diagrams and examples ensurethat the practical aspects of the subject area are emphasised, while the detailed coverage gives students a good introduction to the practitioner style texts they will use once in practice. Coverage of new cases such as Aerotel Ltd v Telco Holdings Ltd and Others; Re Macrossani's Application and Lonsdale v Howard and Hallam Ltd ensure that the most recent developments are considered. This text offers an excellent bridge between the notes, exercises and case studies provided by lecturers, givingstudents a well-rounded view of commercial law.

Commercial Law and Practice

Author : Alexis Longshaw
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Commercial Law and Practice provides a detailed guide to the four major elements of commercial law and practice. Part I provides a comprehensive introduction and overview of commercial agreements. Part II tackles the additional problems created when drafting international sales agreements, such as choice of jurisdiction and the financing of international sale of goods. Part III is a practical introduction to the protection and exploitation of intellectual property. Part IV outlines the general principles of competition law and examines how it may affect the drafting and operation of commercial agreements.

Commercial Agreements and Trade Association Practices

Author : N. N. Green
File Size : 65.60 MB
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Commercial Law and Practice 2013

Author : Kier Bamford
File Size : 27.89 MB
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Commercial Law and Practice provides a detailed guide to the four major elements of commercial law and practice. Part I offers a thorough introduction and overview of commercial agreements; Part II tackles the additional problems created when drafting international sales agreements; Part III introduces the protection and exploitation of intellectual property; and Part IV outlines the general principles of competition law and examines how it may affect the drafting and operation of commercial agreements.

International Licensing Agreements

Author : Michala Meiselles
File Size : 78.7 MB
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Like any contract, an international licensing agreement spells out the rights and obligations of the contracting parties, manages potential risks and supplies a contingency plan for each party in the event the contractual relationship breaks down. However, international licensing of intellectual property, software or technology confronts the contracting parties with its own distinct challenges. When planning, drafting and negotiating such agreements, it is imperative to know exactly what core issues need to be addressed. This book provides this know-how in an easy-to-use, clear and concise fashion. This expert guide to the complex world of international licensing agreements brings together all the essential materials needed when dealing with such agreements and covers the following: • business models that may be used by the contracting parties; • standard provisions encountered in an array of international licensing agreements; • analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; • effect of competition law in a variety of jurisdictions; • ensuring trademark protection at both national and international levels; • clear explanation of key franchising terminology and disclosure rules; and • effect of international dispute resolution rules in a range of jurisdictions. Alongside detailed contract analysis, the book details numerous case studies from an array of industries, with detailed commentary. Practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements will quickly find this reference material indispensable. The book’s thorough analysis of this complex area will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.

EU Competition Law and Policy

Author : Thorben Schenk
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Seminar paper from the year 2004 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0 (A), Leeds Metropolitan University, course: EU Policy and Business, language: English, abstract: Competition between companies, governments and states within and across the global trading areas1 has become a vital part in this new world of less political and economical boundaries. Competition law therefore has to regulate the market powers of those who participate in the global exchange of goods and services. "There are now at least 80 systems of competition law in the world, in all continents and in all types of economies; many others are in contemplation. ...]"2. It has a substantial impact upon the outline of agreements. With Articles 81 and 82 of the EEC Treaty EU jurisprudence and the legislative bodies of the Member States (MMS) have a basis to work on this topic of immense importance. Ignoring the competition rules not seldom lead to large fines being levied by the European Commission (in July 1991 Tetra Pak was fined because of competition law infringement with a record sum of 52mn)3. The aim of this essay is to briefly outline the scope of EUs competition policy and laws and to give an insight into both the Agreements of Minor Importance ("de Minimis") and the impact of Competition Law on the topic of parallel (grey) imports. The latter is examined on a case study given. The basis of this essay consists of secondary literature taken from books, treaties, articles, notices or webpages. A full bibliography can be found at the end of the main part.

Guide to the EU Block Exemption for Vertical Agreements

Author : Martin Mendelsohn
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The revised EC policy on the application of competition law to vertical agreements is one of the most important developments in EC anti-trust for many years. The block exemption regulation, which came into effect on 1 June 2000, and the accompanying policy changes are crucially important for companies doing business in the European Union. Whichever route a business chooses to get its products to market, it needs to understand the impact of the EC rules. This guide provides a comprehensive and practical commentary on the new rules. The work contains the full text of the block exemption regulation, accompanying guidelines and other relevant Commission notices. Issues covered include: background to EC competition law and its application to vertical agreements; in-depth analysis of the provisions of the block exemption regulation; examination of how the rules apply to exclusive distribution; and selective distribution, franchising and agency agreements. The authoritative and in-depth analysis of the guide will be invaluable to in-house counsel, business people and practitioners involved in or advising on the distribution of goods or services in the EU.

EU Competition Law

Author : Stephen Spinks
File Size : 73.58 MB
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Commercial Contracts A Practical Guide to Standard Terms

Author : Saleem Sheikh
File Size : 60.57 MB
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Provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts. Key changes for the new 5th edition include coverage and analysis of: - important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis - Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority - Fresh court guidance as to when terms have been incorporated into a contract - Rulings on the rules as to the enforceable of onerous terms - The Consumer Rights Act 2015 - The effect of the Data Protection Act 2018 and GDPR - Brexit and the transitional period - The new 2019 EU Regulation on privacy - Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law. Includes online access to downloadable precedents

EU Competition Law

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International Commercial Agreements

Author : Rebecca Attree
File Size : 80.19 MB
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"Ideal for international commercial lawyers, this book explains the principles and techniques of successful international negotiation and provides valuable insight into the commercial points to be considered as a result of the laws relating to precontract, private international law, resolving disputes (including alternative methods, such as mediation), competition law, drafting common clauses, and contracting electronically. Specific international commercial agreements such as agency, distribution, and licensing agreements are also covered."

EU Competition Law

Author :
File Size : 49.70 MB
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As we launch our new product series - LEXISNEXIS ANTITRUST LAW & STRATEGY SERIES; We are pleased and honored to open this series with EU Competition Law

Competition Law and Consumer Protection

Author : Katalin Judit Cseres
File Size : 59.93 MB
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The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.

Day to Day Competition Law

Author : Patrick Hubert
File Size : 85.89 MB
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Companies today must consider and comply with competition law in their daily business management. The financial and reputational risks for breaching such rules are severe and the success of many merger and acquisition projects depends very much on it. While competition law rules become increasingly sophisticated, business people are still expected to comply with it. Rather than giving a theoretical approach that can be found in a typical practitioner’s book or textbook, «Day-to-Day competition law: a practical guide for businesses» is genuinely a practical book. The interaction between theory and practice is the main feature of the book. Major competition law issues are explained in a jargon-free manner and summarized in a nutshell at the end of each chapter. Not only will the reader gain an understanding of competition law rules, but also will gain a better understanding on how a company can behave and what to do if it is subject to an investigation by the competition authorities. This practical guidance may serve as a platform for designing internal in-house rules governing behaviour in relation to competition law, and may also trigger a revision of such rules in light of some of the issues raised by the authors. While a particular focus is drawn on the EU – as the EU competition law system is replicated in a large number of countries around the world – reference to differing rules and other key jurisdictions such as the United States is also made. This book is written to appeal to business people, as well as non-specialized in-house lawyers, and all those who wish to understand competition law in a clear and practical way. The authors’ experience in the field of competition law ranges from leading investigations on behalf of competition authorities to applying competition law in a major global company in its daily activities, and advising multinational clients of one of the world’s leading law firms. It is this professional insight which provides the reader with an invaluable inside view of all aspects of competition law, from the way authorities think to the impacts competition law has on businesses.