By Pranvera Këllezi, Bruce Kilpatrick, Pierre Kobel
This ebook offers an unheard of comparative research of 2 "hot themes" within the box of antitrust and unfair festival legislation with reference to a few key countries.
The first a part of the booklet examines even if small and middle-sized companies may well or could be topic to express pageant ideas. those companies account for ninety nine% of the corporations in Europe and the USA, making this a very very important subject. The papers give some thought to either the private and non-private enforcement principles throughout a number of jurisdictions and a close overseas record, ready by way of Michele Carpagnano, identifies common developments and highlights variations and the main fascinating positive factors of nationwide regulations.
The moment a part of the ebook gathers contributions from numerous jurisdictions at the unfair pageant query of even if a firm may or could be protected from using their trademark, unique indicators and different parts in their picture and id at the a part of non-competing businesses. The papers specialize in the elemental factor of the aggressive courting as a situation of defense less than unfair pageant acts and the relationship to highbrow estate security. the excellent and insightful overseas document, ready through Martine Karsenty-Ricard, brings jointly those reflections by way of evaluating numerous nationwide positions.
The booklet additionally comprises the resolutions glided by the final meeting of the LIDC following a debate on each one of those themes, which come with proposed recommendations and proposals. The foreign 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 info for Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors
It should be highlighted that the British government is even considering creating a “fast track” procedure for SMEs before the CAT, which should be cheap, quicker, and simpler146. This fast track seems to be an interesting option for the parties involved, reducing costs and asymmetric situations for SMEs, as well as for defendants, because it would enable the courts to deliver fast decisions, reducing their own costs. – Moreover, the Hungarian presumption could also be a potential solution. According to this presumption, unless otherwise proved, horizontal price fixing and/or market-sharing arrangements are assumed to determine an increase equivalent to 10 % of the contractual prices.
138. 18 M. Carpagnano during the entire complaint process. According to the Bundeskartellamt, the guarantee of anonymity by the tip-off system has been certified by a publicly appointed expert. 83 The established system also enables communication with the Bundeskartellamt if necessary and allows the complainant to cooperate without revealing its identity. Furthermore, the German Authority also accepts tip-offs filed through traditional channels such as post and telephone. 84 Notwithstanding this, Austria has an interesting rule established in section 6 of the Austrian Cartel Act, which prohibits retaliatory measures of dominant undertakings in relation to complaints against an alleged abuse of dominance.
In the first decision of 2005/2006, six local driving schools in Graz fixed prices for driving licenses. One of the driving schools was granted full leniency status; the aggregate fine for the other schools amounted to EUR 80,000. Similarly, in Innsbruck, seven driving schools fixed prices for driving licenses. Two driving schools applied for and obtained a leniency status. One of them was exempted from fines, and the remaining six schools were fined by the Cartel Court, with a total amount of EUR 70,000.