media ownership and control law economics and policy in an indian and international context hart studies in competition law

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Media Ownership And Control

Author : Suzanne Rab
ISBN : 9781782254584
Genre : Law
File Size : 79. 34 MB
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Competition and diversity in media and communications are fundamental to a healthy economy and democracy. In India and internationally there is no consensus on the exact manner and scope of interventions that are appropriate to protect competition and pluralism in media markets. Many emerging economies including India are seeking to adopt their own regulation in this area taking their lead from the UK. The issues have been brought into sharp focus in India in recent years. First, the enactment and implementation of modern - but sector neutral - competition law under the Competition Act 2002 has caused a step change in regulation towards an economics and effects-based approach. Second, in 2013 the India telecoms regulator launched controversial reform proposals to apply a media-specific approach to ownership regulation. As academics, lawyers, businesses, regulators and policy-makers in India cast a glance at the international experience, this book examines the legal, economic and policy issues relating to regulation of ownership and control of media markets. The focus of comparative assessment is on examples from the European Union, EU Member States and the US.

Cross Border Copyright Licensing

Author : Carlo Scollo Lavizzari
ISBN : 9781784718510
Genre : Law
File Size : 51. 20 MB
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Copyright Licensing can no longer be considered purely from the perspective of the licensor’s home territory. This practical and wide-ranging reference work provides comprehensive coverage of the law and practice of cross-border licensing in a number of major territories, including China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. The book, written by expert authors with insight from practice and from their home jurisdictions, focuses on both copyright licensing and competition law and, specifically, the inter-relation between these legal fields. The book is uniquely structured to provide both thematic coverage and detailed analysis of each territory’s applicable laws and regulations, highlighting and addressing the legal issues that are most critical in and relevant to licensing practice. Cross-Border Copyright Licensing is an essential starting point for anyone considering or advising on the implementation or enforcement of a copyright licensing program, in either developed and emerging markets.

The More Economic Approach To Eu Antitrust Law

Author : Anne C Witt
ISBN : 9781509909230
Genre : Law
File Size : 24. 9 MB
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In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

Law And The Human Body

Author : Rohan Hardcastle
ISBN : 9781847313577
Genre : Law
File Size : 45. 67 MB
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Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation [2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 490 F 3d 667 (8th Cir 2007). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognised in limited circumstances, no principled basis has been accepted either at common law or by statute for the recognition of these rights and interests. Part II of this book develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.

Joint Ventures And Eu Competition Law

Author : Luis Silva Morais
ISBN : 9781782253471
Genre : Law
File Size : 48. 69 MB
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This book examines the treatment of joint ventures (JVs) in EU Competition Law, and at the same time provides a comparison with US law. It starts with an analysis of the rather elusive concept of JV, encompassing both concentrative JVs (subject to merger control) and non-concentrative JVs. Although focused on possible definitions of joint ventures in terms of competition law, it also includes a broader perspective (going beyond competition law) on the different legal models of structuring cooperation links between undertakings. At the core of the book is an attempt to build an analytical model for the assessment of JVs in terms of antitrust law, especially as regards Article 101 of the TFEU. The analytical model used proposes a set of sequential analytical levels, taking into account structural factors and specific factors related to the main constituent elements of the functional programmes of JVs. The model is applied to a substantive assessment of four main types of JVs identified on the basis of their prevailing economic function: research and development JVs; production JVs; commercialization JVs; and purchasing JVs. Also covered are particular situations of joint ownership of undertakings falling short of joint control. In the concluding part of the book recent developments in JV antitrust law are put into context within the wider reform of EU Competition Law. The book is also comprehensively updated with the latest developments concerning the reform of the EU framework of horizontal cooperation between undertakings that took place at the end of 2010.

Marketing And Advertising Law In A Process Of Harmonisation

Author : Ulf Bernitz
ISBN : 9781509900695
Genre : Law
File Size : 38. 39 MB
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The law on marketing and advertising has undergone profound changes based on the EU directives on unfair commercial practices and misleading and comparative advertising. The legislation partially requires full harmonisation and contains a comprehensive blacklist of prohibited practices. However, in other areas, only minimum harmonisation is required. A comprehensive case law from the CJEU has emerged, but still many issues remain open, unclear and debated. The EU Commission has an active interest in the field and has published numerous reports on the question. In addition it has developed revised, comprehensive guidelines on marketing business to consumer (B2C), which are fully discussed here. Further Commission initiatives in the area on business to business (B2B) marketing are also in the making, underlining the importance of this new collection.

Legitimacy In Eu Cartel Control

Author : Ingeborg Simonsson
ISBN : 9781847315687
Genre : Law
File Size : 24. 96 MB
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This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners. The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.

Hong Kong Competition Law

Author : Conor Quigley
ISBN : 1509906428
Genre :
File Size : 78. 48 MB
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This important new book provides a substantive introduction to Hong Kong competition law contained in the new Competition Ordinance as supplemented by the Competition Commission's Guidelines. Reference is also made to the most important case law concerning competition rules in other jurisdictions, in particular the European Union, from which the Hong Kong competition rules draw inspiration. Hong Kong Competition Law also sets out fully the procedural and enforcement rules before the Competition Commission and the Competition Tribunal. Specific sections deal with the application of competition law to the major economic sectors in Hong Kong: construction, energy, finance, retail, telecommunications and transport. A final chapter provides a comparative survey of competition law in China, Japan and South Korea. [Subject: Competition Law, Asian Law, Antitrust Law, Comparative Law]

Competition And Development

Author : Susan Joekes
ISBN : 9781552504055
Genre : Business & Economics
File Size : 64. 95 MB
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Competition and Development: The Power of Competitive Markets

A New Land Law

Author : Peter Sparkes
ISBN : 9781847314475
Genre : Law
File Size : 23. 47 MB
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Peter Sparkes' path-breaking text on land law has been rewritten with two aims in mind: to incorporate the seismic changes introduced by the Land Registration Act 2002,along with commonholds, the explosion of human rights jurisprudence, and the unremitting advance of judicial exposition; and to accommodate the author's developing thinking on the structural aspects of the subject. The book opens with a series of shorter chapters each exploring a fundamental building block: registration; houses flats and commonholds; land, ownership and its transactional powers; social controls balanced by human rights to property; fragmentation by time (the doctrine of estates), divisions of ownership and proprietary rights. In terms of substantive chapters the book opens with discussion of the new transfer system -- paper-based transfer alongside the evolution towards electronic conveyancing -- and the consequent changes to the proof of registered titles and to the registration curtain. The new approach to adverse possession against registered titles has called for extended discussion, as has the authoritative elucidation of the concept of adverse possession in Pye. In terms of proprietary interests the fundamentals are seen as rights to transfer, beneficial interests under trusts which are overreachable, burdens which are endurable, leases, money charges such as mortgages which are redeemable, and the obligations enforcible within the neighbour principle -- easements, covenants and positive covenants being treated as a semi-coherent whole. An attempt has been made to assist students by moving some of the more arcane learning later into the book or into separate chapters where these matters might be more readily ignored by a candidate concerned primarily to prepare for an examination. "A massive amount of research and scholarship has gone into the book, with impressive citation of cases, articles and case-notes, and of other text-books. This newcomer on the scene is a considerable addition to the ranks of serious text-books on land law and the author is to be congratulated." The New Law Journal "The scope of this work is ambitious...it is a bold attempt to take the study of land law forward...much more than a basic land law text book...it would be a pleasure to be able to teach a course requiring students to cover the substance or the bulk of it whether in one or more modules...a difficult blend of background and history, massive referencing, discussion of statute and case law, all wrapped up in a text that is not too difficult to absorb." The Law Teacher "A most interesting and ground breaking book" Michael Cardwell, University of Leeds "At last, a brilliant land law book! I think the approach is marvellous and will strongly recommend it to my students" Keith Gompertz, University of Central England. "... takes a more modern approach to the area...I am very impressed with the style, layout and format. It will be a good teaching tool and I am looking forward to using it." Alison Dunn, Newcastle Law School. "...not baffling in the way land law texts tend to be" Helen Taylor, University of Teesside "Excellent." Professor Edward Burn, City University.

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