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Compensation for Wrongful Convictions: A Comparative Perspective (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Wojciech Jasiński Karolina KremensThis book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.
Compensation in Practice: The Foundation 'Remembrance, Responsibility and Future' and the Legacy of Forced Labour during the Third Reich
by Constantin GoschlerFounded in 2000, the German Foundation “Remembrance, Responsibility and Future” is one of the largest transitional justice initiatives in history: in cooperation with its international partner organizations, it has to date paid over 4 billion euros to nearly 1.7 million survivors of forced labour during the Nazi Era. This volume provides an unparalleled look at the Foundation’s creation, operations, and prospects after nearly two decades of existence, with valuable insights not just for historians but for a range of scholars, professionals, and others involved in human rights and reconciliation efforts.
Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives (Ius Comparatum - Global Studies in Comparative Law #53)
by Dobrochna Bach-GoleckaThe book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Compensation, Work Hours and Benefits: Proceedings of the New York 57th Annual Conference on Labor
by Jeffrey M. HirschEach year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyse new developments and trends in U.S. labor law and practice. Reproduced here are papers delivered at the 2004 conference, the 57th in this venerable and highly influential series, with other articles either reprinted from earlier publications or written for this volume. The theme of the 2004 Conference was “Compensation, Work Hours, and Benefits.” The broad range of contexts in which compensation, work hours, and benefits issues and disputes arise is clearly on display in the many relevant aspects with which the authors engage. These issues are gathered into nine categories as follows: problems in ensuring acceptable compensation and work conditions in a global economy; attempts by states and municipalities to implement living wage measures and the potential conflict between such attempts and the doctrine of private labor law preemption; the possible demise of traditional pension benefits; recent workplace developments arising in response to the Fair Labor Standards Act (FLSA); the legality of policies surrounding attempts to keep workers’ pay secret; special compensation claims typically found in securities industry arbitration; state protections for non-salary forms of compensation; regulation of multiemployer benefit plans by the Employee Retirement Income Security Act (ERISA); and compensation, work hours and benefits issues with regard to multinational organizations. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.
Competence and Vulnerability in Biomedical Research (International Library of Ethics, Law, and the New Medicine #40)
by Philip BielbyEnhanced knowledge of the nature and causes of mental disorder have led increasingly to a need for the recruitment of ‘cognitively vulnerable’ participants in biomedical research. These individuals often fall into the ‘grey area’ between obvious decisional competence and obvious decisional incompetence and, as a result, may not be recognised as having the legal capacity to make such decisions themselves. At the core of the ethical debate surrounding the participation of cognitively vulnerable individuals in research is when, if at all, we should judge them decisionally and legally competent to consent to or refuse research participation on their own behalf and when they should be judged incompetent in this respect. In this book, the author develops a novel justificatory framework for making judgments of decisional competence to consent to biomedical research with reference to five groups of cognitively vulnerable individuals - older children and adolescents, adults with intellectual disabilities, adults with depression, adults with schizophrenia and adults with dementia, including Alzheimer’s disease. Using this framework, the author argues that we can make morally defensible judgments about the competence or incompetence of a potential participant to give contemporaneous consent to research by having regard to whether a judgment of competence would be more harmful to the ‘generic rights’ of the potential participant than a judgment of incompetence. The argument is also used to justify an account of supported decision-making in research, and applied to evaluate the extent to which this approach is evident in existing ethical guidelines and legal provisions. The book will be of interest to bioethicists as well as psychiatrists and academic medical lawyers interested in normative questions raised by the concepts of competence and capacity.
Competence Assessment in Dementia
by Gabriela StoppeThe increasing proportion of demented elderly in populations, debates over patient’s rights and autonomy, and the growing body of knowledge on dementia has inspired the European Dementia Consensus Network to regard competence assessment in dementia as an important topic of debate. This book contains a summarised consensus as well as chapters on state-of-art neuropsychological functions and how they relate to competence, and chapters discussing ethical, legal perspectives.
Competence, Conduct, and Billion Dollar Consequences: How Regulatory Strategy and Relationships Can Improve Organisational Outcomes
by Nigel P. SomersetThis practical guide to understanding how regulators build insight and form judgements will help organisations to develop their strategy and approach to engagement and to improve their regulatory outcomes. From robot-assisted surgery and advances in stem cell technology, the explosion in use of social media and advances in computing power to the development of autonomous vehicles and digital environments such as the metaverse, these exciting developments present questions, invite debate and have implications. These rapid new developments also join a world described as being increasingly VUCA (volatile, uncertain, complex, and ambiguous), making industry-regulator relationships more important than ever to prevent consumer harm and to configure business success. This book is written for those who wish to build positive and progressive relationships with their regulators in these exciting times of rapid advancement. From developing their strategy, through to the practicalities of how to prepare and engage with regulators, readers are navigated through an ecosystem of insight to help build an understanding of what informs their regulator’s opinion and judgements. Underpinned with real-world experiences and examples, this book shows that, through clearer strategic focus and more effective relationships, organisations can refine their approach and build their relationships to drive mutually beneficial regulatory relationships that avoid negative consequences and unnecessary costs. Board members, executives, senior leaders, risk, compliance, legal professionals, regulators, and students of business, finance, and law will refer to this book again and again to guide holistic thinking about regulatory relationships and use the insights these can provide to help them calibrate their actions, activities, and progress.
Competence, Conduct, and Billion Dollar Consequences: How Regulatory Strategy and Relationships Can Improve Organisational Outcomes
by Nigel P. SomersetThis practical guide to understanding how regulators build insight and form judgements will help organisations to develop their strategy and approach to engagement and to improve their regulatory outcomes. From robot-assisted surgery and advances in stem cell technology, the explosion in use of social media and advances in computing power to the development of autonomous vehicles and digital environments such as the metaverse, these exciting developments present questions, invite debate and have implications. These rapid new developments also join a world described as being increasingly VUCA (volatile, uncertain, complex, and ambiguous), making industry-regulator relationships more important than ever to prevent consumer harm and to configure business success. This book is written for those who wish to build positive and progressive relationships with their regulators in these exciting times of rapid advancement. From developing their strategy, through to the practicalities of how to prepare and engage with regulators, readers are navigated through an ecosystem of insight to help build an understanding of what informs their regulator’s opinion and judgements. Underpinned with real-world experiences and examples, this book shows that, through clearer strategic focus and more effective relationships, organisations can refine their approach and build their relationships to drive mutually beneficial regulatory relationships that avoid negative consequences and unnecessary costs. Board members, executives, senior leaders, risk, compliance, legal professionals, regulators, and students of business, finance, and law will refer to this book again and again to guide holistic thinking about regulatory relationships and use the insights these can provide to help them calibrate their actions, activities, and progress.
The Competence of the European Union in Copyright Lawmaking: A Normative Perspective of EU Powers for Copyright Harmonization
by Ana RamalhoThis book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.
Competency: A Study of Informal Competency Determinations in Primary Care (Philosophy and Medicine #39)
by Earl E. Shelp Mary Ann GardellCutterSome conferences produce proceedings, others an inspiration to labor, which finally leads to a published work. Such has been the case with regard to this volume. In 1984, the Center for Ethics, Medicine, and Public Issues held a conference with the title 'When are Competent Patients Incompetent?' with the support of the Texas Committee for the Humanities, a state-based program of the National Endowment for the Humanities. Assistance was provided by both Baylor College of Medicine and the Institute of Religion. This conference evoked a con siderable interest in examining further the moral status of competency determinations in the clinical setting. This interest is realized in this volume, which now affords us an opportunity to thank all those individ uals who made the conference possible, only some of whom are acknowledged in this Preface. In particular, we wish to express our gratitude to Baruch A. Brody, Rebecca Dresser, the Honorable Jerome Jones, H. Steven Moffic, Margery W. Shaw, Eleanor Tinsley, and Albert Van HeIden. The volume took its shape through the labors of Earl Shelp and Mary Ann Gardell Cutter, who inspired the further evolution of the papers presented at the conference and attracted contributions from individuals who had not attended. Earl Shelp and Mary Ann Gardell Cutter have produced a volume following extensive reflection and dialogue; they were ably assisted in the final preparation of the manu script by Thomas J. Bole III and George Khushf, to whom special thanks are due.
Competing for a Sustainable World: Building Capacity for Sustainable Innovation
by Sanjay SharmaSustainable innovation requires more than a clear vision and commitment. It requires effective execution and implementation based on an ongoing systematic process of engaging stakeholders to generate the evolving information critical for guiding decision-making, developing and implementing business logic for sustainable innovation, overcoming decision-making biases by managers, creating an opportunity framework to spark creativity, and developing effective organizational capabilities to build a sustainable innovation DNA within the organization. Such a capacity provides an organization with the ability to anticipate and overcome internal and external barriers and achieve competitive advantage through sustainable innovation of products, services, and business models. Based on original research, current state-of-the-knowledge, and relevant examples, this book comprehensively outlines and describes the process that managers can undertake to effectively and successfully implement a sustainability strategy that will help them attract and retain managerial talent; increase operating legitimacy and reduce compliance costs; boost stakeholder support; reduce costs through increased efficiency, quality, reliability, safety, and responsiveness of existing operations; foster radical innovations in processes, products, services, and new markets; and promote competitive imagination of future products, services, and business models.
Competing for a Sustainable World: Building Capacity for Sustainable Innovation
by Sanjay SharmaSustainable innovation requires more than a clear vision and commitment. It requires effective execution and implementation based on an ongoing systematic process of engaging stakeholders to generate the evolving information critical for guiding decision-making, developing and implementing business logic for sustainable innovation, overcoming decision-making biases by managers, creating an opportunity framework to spark creativity, and developing effective organizational capabilities to build a sustainable innovation DNA within the organization. Such a capacity provides an organization with the ability to anticipate and overcome internal and external barriers and achieve competitive advantage through sustainable innovation of products, services, and business models. Based on original research, current state-of-the-knowledge, and relevant examples, this book comprehensively outlines and describes the process that managers can undertake to effectively and successfully implement a sustainability strategy that will help them attract and retain managerial talent; increase operating legitimacy and reduce compliance costs; boost stakeholder support; reduce costs through increased efficiency, quality, reliability, safety, and responsiveness of existing operations; foster radical innovations in processes, products, services, and new markets; and promote competitive imagination of future products, services, and business models.
Competing for the Internet: ICANN Gate – An Analysis and Plea for Judicial Review Through Arbitration
by Flip Petillion Jan JanssenThe Internet Corporation for Assigned Names and Numbers (ICANN), founded in 1998, is a not-for-profit public-benefit corporation established to ensure a stable and secure global Internet. As the custodian of the Domain Name System (DNS), one of its key responsibilities is the introduction and promotion of competition in Internet-related markets, an aim which ICANN has tried to achieve through the delegation of generic top-level domains (gTLDs). This book investigates how successful ICANN has been in achieving this goal. Over the years, ICANN has been required to decide on a substantial number of complaints from applicants for gTLDs related to capture, arbitrariness, discrimination, and unwarranted restriction of competition. This book is the first detailed study of complaints related to ICANN decisions that have been brought using ICANN's Independent Review Process (IRP). The authors - preeminent expert practitioners in international litigation and arbitration related to Internet governance - take a close look at how ICANN has handled the major issues raised and how ICANN has shaped its own accountability mechanisms. The book also weighs the influence of external accountability on ICANN’s decision-making process and considers the implications of third-party decisions (such as IRP decisions) for the ongoing development of the Internet. This authoritative analysis covers: • the regulatory framework governing ICANN and the introduction of new gTLDs in a historic perspective; • ICANN’s accountability framework; • all the IRP cases that have been decided to date, with an in-depth analysis of those cases that have become reference decisions in the latest application round; and • the 2016 amendments to ICANN’s articles of incorporation and bylaws, concentrating on the problems that remain unresolved. This work is a welcome addition to the debate on how to address the shortcomings in ICANN’s accountability in the interests of the global Internet community. The authors make concrete proposals and recommendations, suggesting changes to ICANN’s regulatory framework in the light of the lessons learned and with a view to preventing similar problems arising in a next round of gTLD applications. This book has the potential to become the Green Book for fundamental changes to ICANN’s accountability framework.
Competing Values in Archaeological Heritage
by Stuart Campbell Liz White Suzie ThomasArchaeological heritage legislation aims to ensure the best possible protection for the archaeological heritage, yet it remains the case that legislation can remain ineffective through other practical considerations. Some consideration may be legal or procedural, such as difficulties in enforcing legislation or in preventing crimes or damage or archaeological monuments. However other problems may be less obvious and harder to address, and require solutions which go much further than the simple application of the law. The aim of this volume is to address several issues surrounding the management of archaeological heritage comparing and contrasting which laws 'work' and which ones do not, and ignoring other issues which might effectively present the transplantation of an 'ideal system' to another country or political climate. Or the cultural attitudes which might prevent a law working in the legal system for which it was designed. The contributions are from various international jurisdictions and address a variety of subjects - from the protection of archaeological monuments to dealing with and controlling chance finds made by members of the public.
Competition and Antitrust Law: A Very Short Introduction (Very Short Introductions)
by Ariel EzrachiVery Short Introductions: Brilliant, Sharp, Inspiring Competition is responsible for much of the prosperity around us. Competitive markets deliver lower prices, better quality, abundance of choice, and increased innovation. But while competition benefits the consumers, it can prove challenging to producers and sellers, who need to constantly improve to stay in business. As a result, sellers may sometimes look for ways to dampen the competitive process. Our antitrust and competition laws are designed to address these risks and safeguard consumer welfare. The competition enforcers have the task of unravelling price-fixing cartels, challenging powerful companies that abuse their power, and monitoring proposed merger transactions that could undermine effective competition. In doing so, competition enforcers have to carefully consider the level of intervention and ensure they do not distort the natural dynamics of competition. Drawing on case studies from the US and the European Union, this Very Short Introduction explores the promise and limitations of competitive market dynamics. In examining the laws and the way they are enforced, Ariel Ezrachi considers the delicate relationship between a free market economy and government intervention, and the fascinating forces of competition that shape modern society. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Competition and Antitrust Law: A Very Short Introduction (Very Short Introductions)
by Ariel EzrachiVery Short Introductions: Brilliant, Sharp, Inspiring Competition is responsible for much of the prosperity around us. Competitive markets deliver lower prices, better quality, abundance of choice, and increased innovation. But while competition benefits the consumers, it can prove challenging to producers and sellers, who need to constantly improve to stay in business. As a result, sellers may sometimes look for ways to dampen the competitive process. Our antitrust and competition laws are designed to address these risks and safeguard consumer welfare. The competition enforcers have the task of unravelling price-fixing cartels, challenging powerful companies that abuse their power, and monitoring proposed merger transactions that could undermine effective competition. In doing so, competition enforcers have to carefully consider the level of intervention and ensure they do not distort the natural dynamics of competition. Drawing on case studies from the US and the European Union, this Very Short Introduction explores the promise and limitations of competitive market dynamics. In examining the laws and the way they are enforced, Ariel Ezrachi considers the delicate relationship between a free market economy and government intervention, and the fascinating forces of competition that shape modern society. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Competition and Energy Markets: What Role for Competition Policy in the Current Geopolitical Context?
by Adina Claici Massimo Merola<p style="margin-bottom:0cm;margin-bottom:.0001pt;mso-line-height-alt: 7.5pt" class="MsoNormal"><span style="font-size:12.0pt;font-family: "Times New Roman",serif;mso-fareast-font-family:"Times New Roman";color:black; mso-ansi-language:EN-GB">The extraordinary double crisis of the COVID-19 pandemic and the war in Ukraine has given rise to an unprecedented geopolitical dilemma for the EU institutions, especially in the energy sector – that of ensuring the security of energy supply while at the same time upholding committed emission targets. Against this backdrop, this important and timely volume provides guidance on how to address the crucial trade-offs that must be navigated, considering areas of competition policy where the most challenging objectives must be met. <p style="margin-bottom:0cm;margin-bottom:.0001pt;mso-line-height-alt: 7.5pt;background:white" class="MsoNormal"><span style="font-size:12.0pt;font-family: "Times New Roman",serif;mso-fareast-font-family:"Times New Roman";color:black; mso-ansi-language:EN-GB"> <p style="margin-bottom:0cm;margin-bottom:.0001pt;mso-line-height-alt: 7.5pt;background:white" class="MsoNormal"><span style="font-size:12.0pt;font-family: "Times New Roman",serif;mso-fareast-font-family:"Times New Roman";color:black; mso-ansi-language:EN-GB">The contributing authors, who include prominent practitioners and academics, members of the European Commission, and representatives of national competition authorities, address various issues around the new energy dilemma in relation to such aspects as the following: <p style="margin-bottom:0cm;margin-bottom:.0001pt;mso-line-height-alt: 7.5pt;background:white" class="MsoNormal"><span style="font-size:12.0pt;font-family: "Times New Roman",serif;mso-fareast-font-family:"Times New Roman";color:black; mso-ansi-language:EN-GB"> <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 7.5pt;mso-list:l0 level1 lfo1;tab-stops:list 18.0pt;background:white" class="MsoNormal"><span style="font-size:12.0pt; font-family:"Times New Roman",serif;mso-fareast-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">affordability of energy prices; <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 7.5pt;mso-list:l0 level1 lfo1;tab-stops:list 18.0pt;background:white" class="MsoNormal"><span style="font-size:12.0pt; font-family:"Times New Roman",serif;mso-fareast-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">EU energy infrastructures; <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 7.5pt;mso-list:l0 level1 lfo1;tab-stops:list 18.0pt;background:white" class="MsoNormal"><span style="font-size:12.0pt; font-family:"Times New Roman",serif;mso-fareast-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">solidarity amongst Member States; <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 7.5pt;mso-list:l0 level1 lfo1;tab-stops:list 18.0pt;background:white" class="MsoNormal"><span style="font-size:12.0pt; font-family:"Times New Roman",serif;mso-fareast-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">reform of the electricity market design and competition enforcement; <p style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm; margin-left:36.0pt;margin-bottom:.0001pt;text-indent:-18.0pt;mso-line-height-alt: 7.5pt;mso-list:l0 level1 lfo1;tab-stops:list 18.0pt;background:white" class="MsoNormal"><span style="font-size:12.0pt; font-family:"Times New Roman",serif;mso-fareast-font-family:"Times New Roman"; color:black;mso-ansi-l
Competition and Intellectual Property Law in Ukraine (MPI Studies on Intellectual Property and Competition Law #31)
by Heiko RichterThis volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.
Competition and Investment in Air Transport: Legal and Economic Issues
by Ruwantissa AbeyratneThis book addresses emerging legal and economic issues in competition and investment in air transport, against the backdrop of the role governments and airlines should play in avoiding protectionism and encouraging innovation and creativity. It evaluates current trends in air transport and the direction the industry is taking in the twenty first century. There are discussions on key aspects of air transport, such as safety assurance and environmental protection, as they are impacted by competition. The rapid evolution of aerospace transport and its effect on competition in air transport is also examined. A recurring theme of the book is the influence of creative destruction and disruptive innovation on air transport. This is addressed through an in-depth study of the contentious areas of law relating to the abuse of dominant positions and state aid, as reflected in the ongoing claim by the three largest US carriers against Gulf carriers such as Emirates Airlines, Etihad and Qatar Airways. The US carriers claim that Emirates and Etihad – which operate air services into the United States by virtue of an open-skies agreement between the US and The United Arab Emirates - are using generous subsidies given to them by their governments to illegally capture the “legitimate” market belonging to the US carriers. These issues are clarified in the book using analyses of competition law and investment law as they apply to air transport, free-trade-agreement analogies and an open-skies case study.
Competition and Regulation in the Airline Industry: Puppets in Chaos (Routledge Research in Competition Law)
by Steven TruxalAn examination of the relationship between competition and the deregulation and liberalisation of the US and European air transport sectors reveals that the structure of the air transport sector has undergone a number of significant changes. A growing number of airlines are entering into horizontal and vertical cooperative arrangements and integration including franchising, codeshare agreements, alliances, ‘virtual mergers’ and in some cases, mergers with other airlines, groups of airlines or other complementary lines of business such as airports. This book considers the current legal issues affecting the air transport sector incorporating recent developments in the industry, including the end of certain exemptions from EU competition rules, the effect of the EU-US Open Skies Agreement, the accession of new EU Member States and the Lisbon Treaty. The book explores the differing European and US regulatory approaches to the changes in the industry and examines how airlines have remained economically efficient in what is perceived as a complex and confused regulatory environment. Competition and Regulation in the Airline Industry will be of particular interest to academics and students of competition law as well as EU law.
Competition and Regulation in the Airline Industry: Puppets in Chaos (Routledge Research in Competition Law)
by Steven TruxalAn examination of the relationship between competition and the deregulation and liberalisation of the US and European air transport sectors reveals that the structure of the air transport sector has undergone a number of significant changes. A growing number of airlines are entering into horizontal and vertical cooperative arrangements and integration including franchising, codeshare agreements, alliances, ‘virtual mergers’ and in some cases, mergers with other airlines, groups of airlines or other complementary lines of business such as airports. This book considers the current legal issues affecting the air transport sector incorporating recent developments in the industry, including the end of certain exemptions from EU competition rules, the effect of the EU-US Open Skies Agreement, the accession of new EU Member States and the Lisbon Treaty. The book explores the differing European and US regulatory approaches to the changes in the industry and examines how airlines have remained economically efficient in what is perceived as a complex and confused regulatory environment. Competition and Regulation in the Airline Industry will be of particular interest to academics and students of competition law as well as EU law.
Competition and Regulation in the Data Economy: Does Artificial Intelligence Demand a New Balance? (Elgar Studies in Law and Regulation)
by Gintarè Surblytė-NamavičienėThis incisive book provides a much-needed examination of the legal issues arising from the data economy, particularly in the light of the expanding role of algorithms and artificial intelligence in business and industry. In doing so, it discusses the pressing question of how to strike a balance in the law between the interests of a variety of stakeholders, such as AI industry, businesses and consumers. Investigating issues at the intersection of trade secrets and personal data as well as the potential legal conflicts to which this can give rise, Gintarė Surblytė-Namavičienė examines what kinds of changes to the legal framework the growing data economy may require. Through an analysis of the way in which EU competition law may tackle algorithm-related problems the book also identifies a regulatory gap in the case of algorithmic manipulation in the business-to-consumer relationship. The book further argues that control by public bodies over terms and conditions often used in the data economy may be necessary for the sake of consumer protection. Scholars in competition law and regulatory governance, particularly those with an interest in the impacts of technology, will find this to be critical reading. It will also be beneficial to practitioners and policy makers working at the intersections of regulation and technology.
Competition and Sustainability: Economic Policy and Options for Reform in Antitrust and Competition Law
by Justus Haucap Anja Rösner Rupprecht Podszun Tristan RohnerCompetition and Sustainability critically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law.How can concerns over climate change, the supply chain, or animal welfare be integrated into antitrust? What can competition agencies do to help transform the market economy to a more sustainable one? Renowned experts in competition economics, law and sustainability answer these questions, and in doing so dissect issues such as cartels, exemptions, monopolisation, the environmental, social, and governance transformation, and merger control. Problems with government intervention in markets, quantification, and the danger of greenwashing are confronted with a thorough examination of the options for policy reform.This indispensable book tackles the transformation to the sustainable market economy with competition at its core. It will prove useful to academics in the fields of competition and antitrust law, corporate law and governance, European law, environmental law, and political economy, as well as policymakers and practitioners working in legal and economic fields.
Competition and the State (Global Competition Law and Economics)
by Thomas K. Cheng, Ioannis Lianos, and D. Daniel SokolCompetition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law and policy in the financial sector. This book, the third in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets (Contributions to Economics)
by Boris Begović Dušan V. PopovićThis open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike.