European Union law Part 13

 

Competition Law and Policy in the European Union
OECD Journal of Competition Law and Policy
Volume 9, Number 1, October 2007 p.10-84

Trade Markes in the European Union: One Right, One Law, One Decision–Or Not?
ROLAND MALLINSON
European Intellectual Property Review
Volume 29, Issue 10, October 2007 p.432

The Future of Uniform Private Law in the European Union: New Trends and Challenges
Pedro A. de Miguel Asensio
Spanish Yearbook of International Law
Volume 11, 2005 p.1

Data Protection Law in the European Union
ELIZABETH H. JOHNSON
Federal Lawyer
Volume 54, Number 8, September 2007 p.44

European data protection law is vastly different from U.S. privacy law, regulating virtually all information about individuals, applicable to all industry types, and taking a much more expansive view of the types of activities that should be controlled and restricted. The consequences for violating these laws, which can include injunctions that interfere with business activity and criminal penalties, are also notably different from U.S. penalties, which tend to be limited to relatively modest monetary sanctions.

Instrumentalisation of Private International Law in the European Union: Towards a European Conflicts Revolution?
Meeusen, Johan
European Journal of Migration and Law
Volume 9, Number 3, 2007 p.287-305

Czech Republic and the European Union law in 2004-2006
European Public Law
Volume 13, Number 3, September 2007 p.367

Criminal Enforcement of Environmental Law in the European Union, M. Faure and G. Heine, Kluwer Law, 2005, 179 + viii pp, ISBN 90-411-2337-7, 46
Francis McManus
Environmental Law Review
Volume 9, Number 2, 2007 p.164

The Burden of an Ageing Society as a Public Debt: The Perspective of the German Constitutional Law and the Law of the European Union
Siekmann
European Public Law
Volume 13, Number 3, September 2007 p.489

ARTICLES: NARROWING THE GAP? LAW AND NEW APPROACHES TO GOVERNANCE IN THE EUROPEAN UNION
Columbia Journal of European Law
Volume 13, Number 3, Summer 2007

Health Law and the European Union-By T. K. Hervey and J. McHale
Ruth Fletcher
European Law Journal
Volume 13, Issue 5, September 2007 p.688-689

Law Making in the European Union: On Globalization and Contract Law in Divergent Legal Cultures
Jan M. Smits
Louisiana Law Review
Volume 67, Number 4, Summer 2007 p.1181

Privacy and Law Enforcement in the European Union: The Data Retention Directive
Francesca Bignami
Chicago Journal of International Law
Volume 8, Number 1, Summer 2007 p.233

Unfair Competition Law: European Union and Member States
JENNIFER DAVIS
European Intellectual Property Review
Volume 29, Issue 8, August 2007 p.344

The European Union’s Exercise of Jurisdiction Over Classification Societies An International Law Perspective on the Amendment of the EC “Directive on Common Rules and Standards for Ship Inspection and Survey Organisations and for the Relevant Activities of Maritime Administrations”
ReuàŸ & Pichon
Heidelberg Journal of International Law
Volume 67, Number 1, 2007 p.119

Corporate law, corporate governance and takeover law in the European Union: SLaw Journal / Law Reviewktaking, reform problems and perspectives
Klaus J Hopt
Australian Journal of Corporate Law
Volume 20, Number 3, May 2007 p.244

On the Need for a Progressive Harmonisation of Private Law in The European Union: The Role of Legal Science and Education
Jerzy Rajski
Juridica International
Volume 11, 2006 p.20-24

A COMPARATIVE ANALYSIS OF UNITED STATES AND EUROPEAN UNION JURISDICTION IN EXTRATERRITORIAL ANTITRUST LAW & THE NEED FOR INTERNATIONAL STANDARDS
Marie T. Batz
Duquesne Business Law Journal
Volume 9, Number 1, Spring 2007 p.65

European Union Law
Tobias Brautigam
European Journal of International law
Volume 18, Number 2, April 2007 p.377-378

Trade law Implications Of Restricting Participation In The European Union Emissions Trading Scheme
Marisa Martin
Georgetown International Environmental Law Review
Volume 19, Number 3, Spring 2007 p.437

Where Antitrust Ends and IP Begins
Katarzyna A. Czapracka
Yale Journal of Law & Technology
Volume 9, Fall Issue, 2006-2007 p.44

U.S. antitrust enforcers see little scope for antitrust policy to mitigate the consequences of imperfect IP policies. They are reluctant to intervene in what is perceived to be the sphere of IP policy and take the view that any competitive concerns are better remedied by changes in the IP policy. This trend corresponds with shielding antitrust policy away from fields occupied by other forms of regulation. Exactly the opposite tendencies are present in EU competition law. Both the European Commission and the ECJ seem to see a role for competition law to correct improvidently defined IPRs, even if it entails adjusting competition principles. It may seem reasonable, as unlike competition policy, most issues relating to IP policy within the European Union are still decided at the national level. Yet, there is an inherent danger in this approach. It may lead antitrust authorities to adopt analytically questionable approaches that undermine the coherence of antitrust law. Competition agencies must be particularly cautious in adopting the measures to curb IP laws, as they may discourage private R&D investment. The views of the Commission on application of Article 82 to interoperability information, as expressed in the Microsoft Decision and the Article 82 Paper, confirm that these reservations are valid.

Author: international

Mentioned in these Entries

Education, European Union law, Private International Law, Trade law.