By Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel
This booklet offers an unheard of comparative research of 2 "hot issues" within the box of antitrust and unfair festival legislation in regards to a couple of key countries.
The first a part of the publication examines no matter if small and middle-sized companies may perhaps or may be topic to express festival principles. those companies account for ninety nine% of the companies in Europe and the U.S., making this a very vital subject. The papers contemplate either the private and non-private enforcement principles throughout a variety of jurisdictions and an in depth overseas file, ready via Michele Carpagnano, identifies normal traits and highlights adjustments and the main attention-grabbing good points of nationwide regulations.
The moment a part of the publication gathers contributions from a variety of jurisdictions at the unfair festival query of no matter if an organization might or could be shielded from using their trademark, special symptoms and different elements in their snapshot and identification at the a part of non-competing businesses. The papers concentrate on the elemental factor of the aggressive courting as a of defense lower than unfair festival acts and the relationship to highbrow estate safeguard. the excellent and insightful foreign record, ready via Martine Karsenty-Ricard, brings jointly those reflections by way of evaluating numerous nationwide positions.
The booklet additionally comprises the resolutions glided by the overall meeting of the LIDC following a debate on every one of those issues, which come with proposed ideas and proposals. The overseas League of pageant legislation (LIDC) is a long-standing overseas organization that specializes in the interface among festival legislation and highbrow estate legislation, together with unfair festival issues.
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Additional resources for Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors
15, p. 259. 91 See, about the leniency process before the European Commission, Van Bael & Bellis, 2010, p. 1125. A. Calvo Caravaca, 2010 Derecho Antitrust Europeo, Vol. I, p. 347. 92 V. Bael & Bellis, Competition Law of the European Community 2010, p. 1125. 93 V. Bael & Bellis, Competition Law of the European Community 2010, p. 1127. 94 See Birkh€ auser, Switzerland, Part I, Chap. 13, p. 229. 95 See, for instance, Andrejasˇ, Croatia, Part I, Chap. 4, p. 72. 89 20 M. 99 In this respect, it could be helpful to point out the obligations, such as cooperation duties, and rights, such as right to non-self-incrimination, of an SME during the leniency and sanctioning proceeding.
This asymmetry can be caused by lack of knowledge or resources. Major companies could have the necessary funds for an effective defence. 110 Notwithstanding the above, the competition authorities should somehow establish the necessary balance in their sanctioning policy as proposed below. Negligence can be considered in some cases as a mitigating circumstance. In the European practice, this mitigating circumstance is not applied very often. 111 Notwithstanding this, there is no clear red line for business people with limited time and 104 See V.
Along this line, the present report aims at gathering data and legal analysis to contribute to the delineation of Belgian antitrust law for SMEs. Hence, in accordance with the general directives provided in the LIDC questionnaire, this report studies whether Belgian SMEs are subject to different rules from those applicable to other economic operators and what rationales support possible differences of treatment. In so doing, we take into account the economic context under which The original version of this paper was submitted in September 2012 for the LIDC Prague Congress; minor editorial changes were made in June 2013 for publication purpose only.
Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors by Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel