The Huawei v. ZTE preliminary ruling gave the Court of Justice of the European Union a first opportunity to rule on the competition law analysis of the enforcement of standard-essential patents SEPs. The Court assessed under which The Court seized this opportunity to harmonize national case law and Commission enforcement practice which had been developing in quite different directions, but also left several questions unresolved. The Court also carried out a balancing exercise between the intellectual property rights at stake and free competition, showing how fundamental rights considerations can play into competition law analysis.
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View on verlagoesterreich. Neues zur Preisauszeichnung von Pauschalreisen im Lauterkeitsrecht more. Law of Unfair Competition and Unfair Competition. View on lesen. Zu den Kriterien der patentrechtlichen Lizenzanalogie more. Intellectual Property Law. View on elibrary. As appears from developing case law in Austria, the right of a company to be heard is not necessarily impaired where a search warrant originally addressed to another company of the same group is extended to it and merely refers to the As appears from developing case law in Austria, the right of a company to be heard is not necessarily impaired where a search warrant originally addressed to another company of the same group is extended to it and merely refers to the original court order in its legal appraisal.
A search warrant that covers the saving of electronic documents extends to any data that are accessible from the business premises being searched, even if located on a server situated elsewhere The use of forensic software in the course of an authorised dawn raid is legal. View on jeclap. In order to guarantee workable competition and consumer welfare, European competition law must have a broad scope of application.
In addition to private companies, Member States must therefore also be bound by competition law. This is Overall, it results from the case law of the CJEU on the competition law duty of loyalty that Member States of the European Union must refrain from adopting any measures that could impair the effectiveness of the competition law rules effet utile.
The contribution reviews these cases and examines their current state of play.
It finds that the Commission — in its Samsung and Motorola investigations — appears to pursue a relatively strict approach under which SEPs may not be enforced through injunctions where the alleged infringer is willing to enter into a license based on fair, reasonable and non-discriminatory FRAND terms. Hiervon wurde ein bedeutender Anstieg an kartellrechtlichen Vorabentscheidungsersuchen erwartet. For the first time, the European Commission's Horizontal Guidelines of contain a section exclusively dedicated to the competition law analysis of 'pure' information exchanges, i.
By way of a counterfactual analysis, this article aims at clarifying whether the Guidelines merely codify the Court of Justice's quite controversial case law in this area, or whether and to what extent they introduce a more refined - and economics-based - approach to the assessment of information sharing. For this purpose, the Guidelines' framework of analysis is set out before applying it to four leading cases on information sharing: John Deere, Asnef-Equifax, T-Mobile Netherlands, and most recently , Dole.
It will be seen that the Guidelines try to strike a balance between 'just enough economics' and 'just enough legal certainty'. They limit the finding of a restriction of competition by object to a very narrow set of cases and want to provide companies in the internal market with incentives to share those kinds of information that will indeed enhance efficiencies and ultimately benefit consumers. View on kluwerlawonline. Corporate Law. Comparative Law and European Union Law.
Publisher: Nomos Publication Date: Sep View on nomos-shop. Distribution agreements play a key role in any economy, and they were also one of the first aspects to be addressed under EC competition law. This book reviews the legal framework that governs these vertical agreements under EC This book reviews the legal framework that governs these vertical agreements under EC competition law and draws a path for the mandatory self-assessment of their distribution agreements that companies in Europe have to carry out. A critical review of the status quo of EC distribution law addresses pivotal topics such as market analysis, distribution via the internet, and damages actions for breach of EC distribution law.
View on peterlang. Book Reviews. Contributions to edited books. The Austrian Companies Register more. Austrian rules on interest on damages for infringements of competition law — more. Competition Law and Damages law.
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Fine to follow-on? Private anti-trust actions in European law
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