{"title":"International Competition Law Series","description":"\u003cp\u003eExplore the ever-evolving landscape of global competition law with this insightful series. Delve into key legal frameworks, antitrust regulations, and international trade policies shaping businesses worldwide. An essential resource for legal professionals.\u003c\/p\u003e","products":[{"product_id":"blocking-patents-in-european-competition-law-book-angelika-s-murer-9789403538143","title":"Blocking Patents in European Competition Law","description":null,"brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":50989774733585,"sku":"","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"GB \/ NEW \/ GARDNERS","offer_id":50989777977617,"sku":"NGR9789403538143","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52404097810705,"sku":"NLS9789403538143","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/9403538147.jpg?v=1751351662"},{"product_id":"enforcement-of-intellectual-property-rights-in-dutch-english-and-german-civil-pr-book-george-cumming-9789041127266","title":"Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure","description":"EU Directive 2004\/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004\/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.","brand":"WoB","offers":[{"title":"GB \/ NEW \/ INGRAM","offer_id":52535816814865,"sku":"NLS9789041127266","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/9789041127266.jpg?v=1760672151"},{"product_id":"eu-leniency-policy-book-baskaran-balasingham-9789041184795","title":"The EU Leniency Policy","description":"\u003cp\u003e\u003cstrong\u003eInternational Competition Law Series 70\u003c\/strong\u003e\u003c\/p\u003e \u003cp\u003e\u003cstrong\u003eThe EU Leniency Policy \u003c\/strong\u003eoffers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme. To safeguard the legitimacy of the leniency programme, this book identifies that the European Commission's policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness of the EU leniency policy. The book looks at why leniency is important and examines to what extent the current policy is effective and fair. The European Union (EU) leniency programme is a key weapon in the Commission's fight against hard-core cartels which are the most harmful infringements in EU competition law. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. 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After setting the scene in Chapter 1 and clarifying the key concepts of 'effectiveness' and 'fairness' in Chapter 2, the subsequent chapters deal with the development of the EU leniency policy. A key feature is the author's presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy.\u003c\/p\u003e \u003cp\u003e\u003cstrong\u003eHow this will help you: \u003c\/strong\u003e\u003cbr\u003e As a clear demonstration of how to forestall the danger of focusing on the effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. 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This book is the first to focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access to data on online platforms, such as search engines, social networks, and e-commerce platforms - commonly referred to as the 'gatekeepers' of the Internet.\u003c\/p\u003e \u003cp\u003e\u003cstrong\u003eWhat's in this book: \u003c\/strong\u003e\u003c\/p\u003e \u003cp\u003eThe question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a 'refusal to deal', thereby leading to competition law liability under the so-called essential facilities doctrine, according to which the firms need access to shared knowledge in order to be able to compete. 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