Abuse of protected position? Minority shareholdings and restriction of markets' competitiveness in the European Union
Article Abstract:
The protection granted to corporate governance minority shareholders can be used as an instrument to circumvent Competition Law, but it is shown that there is a substantial lack of European Courts jurisprudence and that the Commission's approach to the issue is inconsistent. The economic community might welcome a Commission Notice clarifying all the uncertain points and at the same time a precise instrument of legislative nature capable of closing the gap.
Publication Name: World Competition
Subject: Law
ISSN: 1011-4548
Year: 2006
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Cartel fines in Europe: Law, practice and deterrence
Article Abstract:
Thirty fully reported cartel decisions over the period 1999 to 2006 are analyzed to determine how fines were imposed under the European Commission's 1998 Penalty Guidelines, leniency programme, and after appeal to the courts where applicable. It is shown that the method of imposing fines and their levels were unsatisfactory and the actual and expected fines were not likely to reflect consumers' losses or deter the fixing of price.
Publication Name: World Competition
Subject: Law
ISSN: 1011-4548
Year: 2007
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Standardization and technological innovation: Some reflections on ex-ante licensing, FRAND, and the proper means to reward innovators
Article Abstract:
Several proposals are provided to replace the current fair, reasonable and non-discriminatory (FRAND) regime, including the development of a regime of ex ante auctions run by standard-setting organizations (SSOs). The analysis has indicated that the proposals are flawed because they are based on a series of misconceptions and their implementation would be highly impractical, raise antitrust concerns and harm innovation.
Publication Name: World Competition
Subject: Law
ISSN: 1011-4548
Year: 2006
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