This chapter discusses the developments in relation to an abuse of a dominant market position in the IP space in recent years and explores the issues calling for the detailed guidance between the IP and competition law regimes. First, it sets out the current rules on abuse of dominance under the AML, then it describes the legislative framework in China for assessing an abuse of dominance in an IP context. The latter part of the chapter summarises the key enforcement cases and private actions that relate to an abuse of dominance in the IP sector in China, then highlights the influence the enforcement actions and cases have had on the shaping of the IP guidelines being drafted by the Chinese authorities.
Finally, the chapter shows how specific abuses of a dominant position are assessed in an IP context under the guidelines and the case law. This chapter examines the enforcement regime in Canadian competition law, focusing on private rights of action. Do Canadian competition authorities notify parties of the legal and factual bases of an investigation and any findings by the agency? Do parties have the opportunity for meaningful engagement with Canadian competition authorities?
And do courts in Canada provide checks and balances on competition agency decision making?
The chapter calls for expansion in the limited private rights that presently exist, both in addressing a wider scope of possibly anticompetitive conduct, specifically around abuse of dominance, and in allowing actions for damages in those contexts. The case for expansion rests in part on the problem in Canada of relatively few decided cases and consequential uncertainty about the law. This chapter discusses actions for damages.
The Damages Directive partially harmonises a number of procedural and substantive rules governing actions for damages for competition law infringements across the Member States of the EU. Those reforms extend to disclosure and use of evidence, limitation, consensual settlement, presumption and quantification of harm, and pass-on. However, harmonisation is not complete and some matters will be left to national procedural autonomy subject to the principles of equivalence and effectiveness.
This chapter analyses the important structural and procedural reforms to the administrative regime for the enforcement of competition law made by the Enterprise and Regulatory Reform Act ERRA. The discussions on the terms of the UK's exit began in Brussels on 19 June Agreement will need to be reached on a number of matters, including the costs that the UK will have to pay the EU on exit; its trading relationship with the EU; immigration and border controls; the proposed regulatory framework; state aid; research and innovation programmes across the EU and UK; and defence and security cooperation.
The Bill is expected to be published this summer and will come into operation before the exit date. If you need direct support in planning for the likely impact of Brexit, please speak to your usual Penningtons Manches contact in the first instance. Penningtons Manches plays key role in launch of Brexit online self-assessment risk tool. The long farewell: analysing the key legal issues.
General Election - the parties set out their Brexit roadmap. Key dates and events on the path to Brexit.
Brexit — how will it affect UK businesses? How will a UK exit from the EU affect commercial relationships? What can UK businesses do to prepare?
The Legal Effects of EU Agreements. Mario Mendez. Oxford Studies in European Law. This is an open access title available under the terms of a CC BY-NC-ND. This is an open access title available under the terms of a CC BY-NC-ND International licence. It is free to read at Oxford Scholarship Online and offered as a.
How will Brexit affect competition law in the UK? Brexit: the impact on cross-border litigation.
Three competition law points to note pre-Brexit. The long farewell: how will Brexit affect the future of arbitration in the UK? More specifically, the topics that will be covered include: the EU as an international actor with attributed powers or competences ; the joint action of the EU and its Member States on the international scene; and the inter-relationship between EU law and international law. The second group of seminars will focus on the constitutional framework and specific instruments of the Common Commercial Policy CCP , which is the oldest and most developed EU external policy now covering not only trade and trade-related matters but also foreign direct investment FDI.
As could be expected, the last seminar in the course will be dedicated to the contemporary issue of Brexit and its specific implications for EU trade and external relations.
There is no single prescribed textbook for this course, as reading lists will be drawn from a variety of primary materials, books and journal articles. Individual seminar reading lists and other course materials will be provided via the online module page, available at the beginning of term once students have enrolled. A fundamental resource for the course are the primary materials of the EU treaties, international agreements, legislative acts and case-law , which can be freely downloaded from the following websites:.
Students who have never studied EU law are strongly recommended to do one of the following preliminary readings before the start of the course:.
Background Particularly since the Treaty of Maastricht entered into force, the European Union EU has increasingly sought to develop its international identity and to establish itself as an ever more significant actor on the global stage.