Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions, Bruce Kilpatrick; Pierre Kobel; Pranvera K?llezi
Автор: Panos Koutrakos, Niamh Nic Shuibhne, Phil Syrpis Название: Exceptions from EU Free Movement Law: Derogation, Justification and Proportionality ISBN: 1849466203 ISBN-13(EAN): 9781849466202 Издательство: Bloomsbury Academic Рейтинг: Цена: 73920.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Автор: Angela Daly Название: Private Power, Online Information Flows and EU Law: Mind The Gap ISBN: 1509900632 ISBN-13(EAN): 9781509900633 Издательство: Bloomsbury Academic Рейтинг: Цена: 84480.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users’ autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.
Автор: Kilpatrick Название: Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights ISBN: 3319271571 ISBN-13(EAN): 9783319271576 Издательство: Springer Рейтинг: Цена: 186330.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This bookprovides an unparalleled comparative analysis of two 'hot topics' inthe field of antitrust and unfair competition laws with regard to a number ofkey countries.The first partof the book examines the consistency and compatibility of transactionalresolutions of antitrust proceedings (such as settlement procedures, leniencyprogrammes and commitments) with due process and the fundamental rights of theparties. This is a particularly important topic, given the widespread adoptionof these procedures by anti-trust authorities worldwide. The individual chaptersconsider how the leniency, settlement and commitments procedures have developedacross a range of jurisdictions, and discuss the extent to which checks andbalances have been applied in those national procedures in order to safeguardthe fundamental rights of the parties involved. A detailed international reportidentifies general trends and highlights the differences between and most interestingfeatures of national regulations.The second partof the book gathers contributions from various jurisdictions on the unfaircompetition-related question of the online exhaustion of IP rights. As commerceis increasingly moving online, the respective chapters consider the extent towhich exhaustion and similar concepts have adapted to these rapid changes. Thecomprehensive and insightful international report brings together thesereflections by comparing various national positions.The book alsoincludes the resolutions passed by the General Assembly of the LIDC following adebate on each of these topics, which include proposed solutions andrecommendations. The internationalLeague of Competition Law (LIDC) is a long-standing international associationthat focuses on the interface between competition law and intellectual propertylaw, including unfair competition issues.
This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.
The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject.
The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?' This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things.
The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Автор: Jia Wang Название: Conceptualizing Copyright Exceptions in China and South Africa ISBN: 3030101207 ISBN-13(EAN): 9783030101206 Издательство: Springer Рейтинг: Цена: 93160.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system.The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.
Автор: Panos Koutrakos, Niamh Nic Shuibhne, Phil Syrpis Название: Exceptions from EU Free Movement Law: Derogation, Justification and Proportionality ISBN: 1509928863 ISBN-13(EAN): 9781509928866 Издательство: Bloomsbury Academic Рейтинг: Цена: 42230.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Автор: William J. Davey Название: Non-discrimination in the World Trade Organization: The Rules and Exceptions ISBN: 9004233148 ISBN-13(EAN): 9789004233140 Издательство: Brill Цена: 23910.00 T Наличие на складе: Невозможна поставка. Описание: Also available as an e-bookInternational trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the most favoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
Автор: Alexander Lott Название: The Estonian Straits: Exceptions to the Strait Regime of Innocent or Transit Passage ISBN: 9004363866 ISBN-13(EAN): 9789004363861 Издательство: Brill Цена: 204550.00 T Наличие на складе: Невозможна поставка. Описание: In The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined.The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).
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Автор: Jorge L. Contreras Название: The Cambridge Handbook of Technical Standardization Law: Competition, Antitrust, and Patents ISBN: 1107129664 ISBN-13(EAN): 9781107129665 Издательство: Cambridge Academ Рейтинг: Цена: 271390.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization, shedding new light on how they shape the global technology marketplace and serving as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
Автор: Jeffrey A. Eisenach; Thomas M. Lenard Название: Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace ISBN: 9401058946 ISBN-13(EAN): 9789401058940 Издательство: Springer Рейтинг: Цена: 139750.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Do the antitrust laws have a place in the digital economy or are they obsolete? Instead, they offer insights - for policymakers, courts, practitioners, professors and students of antitrust policy everywhere - on how antitrust analysis can be applied to the business of making and marketing computer software.
Автор: Sebasti?n Mantilla Blanco; Alexander Pehl Название: National Security Exceptions in International Trade and Investment Agreements ISBN: 3030381242 ISBN-13(EAN): 9783030381240 Издательство: Springer Рейтинг: Цена: 55890.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements.
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