Probleme und Konzepte der Marktabgrenzung (German Edition)
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Yet, the Court has not yet provided a final answer to the relevant legal questions. Instead, the decision has given a new direction for further developments in this matter — mainly in a competition law driven negotiation approach. A working model for making compulsory licensing operable in ongoing patent disputes still needs further developments by lower courts and the parties involved.
The essay consists of a brief overview of the legal basics of compulsory licensing under antitrust laws II , followed by an examination of the decision focused on its importance for a procedural approach III. The central problems that need to be solved in proceedings are identified IV followed by an introduction to some alternative conflict resolution tools and approaches V. Throughout, the authors show how lower courts in Germany have so far responded to the Huawei judgment. DOI Market definition is highly relevant in European case practice in competition law.
Yet the tools and also the concepts are far from being very sophisticated.
The critique of market definition by Richard Markovits is far-reaching: not only is market definition arbitrary, but current approaches also have an in-built bias towards a static snapshot understanding of the economy. Yet it would be wrong to give up this important step in antitrust analysis, since otherwise antitrust loses its function as the fundamental set of governing rules for markets.
Instead, it is necessary to develop a more evolutionary concept of markets. Untersucht wird dazu beispielhaft, wie die Marktabgrenzung vorgenommen wird und inwiefern Daten als wettbewerbsrelevante Faktoren angesehen werden. DOI Competition law strongly influences the media industry. This has come into focus with several notable cases, the deliberations of a Federal Commission on media convergence and the 9th amendment of the German Antitrust Act. Competition law provides effective tools for regulating media issues while enriching the analysis with a competition-oriented perspective.
If competition law takes a stronger role this is a chance for open markets and dynamics — in particular since general economic law knows hurdles for regulation. The authors analyse the impact of the directive in particular with regard to the control of collecting societies. The authors start from acknowledging the privileged position of such institutions and the necessary regulation of privileged firms.
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They identify principal-agent-problems, deficits in competition and a wide array of interests involved in the rights management. From a fundamental regulatory perspective there are different means to set incentives for collecting societies to improve their work, and some of these means are reflected in the directive. The authors specifically identify the need for the German legislator to implement the directive, yet they also comment from a normative perspective the relevant duties and the institutional framework.
For the future, they envisage more competition as a tool to tame collecting societies, a clearer political understanding of the role of collective rights management, and the co-operation of partners within Europe. Innovation und Information sind die entscheidenden Wettbewerbsparameter. Neben einer wettbewerbspolitischen Einordnung des Fallmaterials wirft der Beitrag einige Schlaglichter auf den Paradigmenwechsel bei der Kartellrechtsanwendung in der Digitalwirtschaft.
Technology and innovation-driven markets pose a challenge for competition authorities and courts. There is hardly any sector that has grown as much in recent years as e-commerce. The Internet sector has its own rationale: Markets are often multi-sided and shaped by strong network effects. Innovation and information become important competitive parameters. Online markets evolve at a fast pace and yield myriad of new business models.
Most of the online players operate on a global level and cut out intermediaries or distributors. The authors examine the Internet economy from a competition law perspective by means of a sample of landmark rulings of German and European courts and authorities. They evaluate the cases in terms of competition policy and define the paradigms for a future-oriented application of competition law in digital markets.
Mirroring the more economic approach in competition law and the irritations this approach has produced, we present a short paper sketching a few key areas where an analogous technological approach could strengthen the legal analysis. The paper's goal was to provide a reference point for the conference's speakers.
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It will be followed here by several presentations given at the conference. Legal case: Case No. Reviews Review of: Florian Bien Hrsg. Ein solcher kartellrechtlicher Anspruch wird von einer Verwertungsgesellschaft, der VG Media, im Auftrag verschiedener Verlage derzeit offenbar sowohl in privater Rechtsdurchsetzung als auch durch Beschwerde beim Bundeskartellamt verfolgt.
The paper deals with the question whether Google abuses a dominant position vis-a-vis publishers when Google does not list search results of those publishers who claim remuneration from Google, based on a specific intellectual property granted under German law. As the European Commission rightly points out in its Green Paper this may lead to unbalanced bargaining power and unfair market practices.
The Green Paper considers the different approaches of national law to combat such unfair B2B practices in the supply chain as promoting the development of trade barriers and suggests specific regulation.
The Comments of the Max Planck Institute point out that such specific legislation may lead to a further fragmentation and incoherency of the European aquis and may cause rifts within existing and proposed regulations in the field of antitrust law, unfair competition law and contract law. Brecht-Tage Location: Berlin Germany Gallen Switzerland Location: Beijing VR China Kommentar, 4th edn. Kommentar, loose-leaf-collection of September Hellwig M Effizienz oder Wettbewerbsfreiheit? Zur normativen Grundlegung der Wettbewerbspolitik.
Nomos, Baden-Baden, pp — Carl Heymanns, Cologne.
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Peter Lang, Frankfurt a. Hoffmann J Preisscheren durch vertikal integrierte Oligopole. Hoppmann E Wirtschaftsordnung und Wettbewerb. Otto Schmidt, Cologne. Nomos, Baden-Baden CrossRef. Joliet R Monopolisation et abus de position dominante. Joliet R Monopolization and abuse of dominant position. A comparative study of American and European approaches to the control of economic power. Korah V Concept of a dominant position within the meaning of Article CMLR — Bundesanzeiger Verlag, Cologne.
Generating Predictability by Christoph Engel
World Competition— Klostermann, Frankfurt a. Carl Heymanns, Cologne, pp — Norbert P Engel, Kehl am Rhein. Gutachten im Auftrag der EG-Kommission. Shaker, Aachen.
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Fordham Corporate Law Institute— Paul T Behinderungsmissbrauch nach Art. Pozdnakova A Excessive pricing and the prohibition of the abuse of a dominant position under Article 82 EC. World Competition — Die in der Programmbroschuere aufgefuehrten Vortraege zu dem Themenblock ''Anwendungsorientierte Pumpenforschung'', naemlich die kuenftige Strategie der Gemeinschaftsforschung, die Stoerungsfrueherkennung bei Pumpen, NPSH und Kavitation bei Verdraengerpumpen sowie dem Wirkungsgrad bei Kreiselpumpen betreffen Gemeinschaftsforschungsprojekte unseres Forschungsfonds Pumpen, der dieses Jahr sein jaehriges Jubilaeum feierte und gegenwaertig 37 Mitgliedsfirmen zaehlt.
The previous low ion yield and poor charge state distribution are now understood and seem to be remedied by an axial electrical gradient, applied external to the electron beam. The construction of a pulsed EBIS with a super-conducting solenoid 5 T, 1 m, diameter 50 mm cold inner bore has started. For this, an immersed gun will be used in connection with axially oscillating electrons. The medical investigation of school beginners is one of the essential tasks of the child and youth services of the health authorities.
While in all federal states in Germany, the examination of all school beginners is legally clearly stipulated, the situation for "lateral entry", that is, children of school age, who are moving from a foreign country to a local German community and attending school there, is not clearly regulated in the respective school laws. This article presents the experiences of the lateral entry investigations in Frankfurt am Main. All children of school age who moved to Frankfurt from abroad undergo a health check. This encompasses a standardized questionnaire-based history with the help of interpreters, including a review of the available vaccination document case history sheets are available in different languages , an eye examination, hearing test and a physical examination.
Children over the age of 15 who came from countries with a high prevalence for tuberculosis had chest x-ray.
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The vaccination status was unknown in two-thirds of the children, one quarter of the children were sufficiently vaccinated against tetanus, diphtheria, polio and pertussis, and Lice infestation was found in 1. The focus of the lateral entrance examination is a school-related health status. On the basis of experience gained in Frankfurt am Main, it should be pointed out that investigations by the lateral.
Irradiation of pressurized water reactor fuel rods in the Forschungsreaktor Juelich 2. Test fuel rods have been irradiated in FRJ-2 to study the interaction between fuel and cladding as well as hydride orientation stability in the prehydrided cladding. The fuel rods achieved burn-ups of 3. This article will describe the implementation of these recommendations in Frankfurt 's hospitals in autumn, In one large hospital, a total of 5 wards were inspected.
The inspections covered the structure and process quality operating instructions, training, indication, the placement and maintenance of catheters and the demonstration of the preparation for insertion of a catheter using an empty bed and an imaginary patient, or insertion in a model. Operating instructions were available in all hospital wards; approximately half of the wards regularly performed training sessions.
Alternatives to urinary tract catheters were available and were used more often than the urinary tract catheters themselves In accordance with the recommendations, catheters were placed without antibiotic prophylaxis or the instillation of antiseptic or antimicrobial substances or catheter flushing solutions. The demonstration of catheter placement was conscientiously performed. Need for improvement was seen in the daily documentation and the regular verification of continuing indication for a urinary catheter, as well as the omission of regular catheter change.
Overall, the recommendations of the KRINKO on the prevention of catheter-associated urinary tract infections were adequately implemented. However, it cannot be ruled out that in situations with time pressure and staff shortage, the handling of urinary tract catheters may be of lower quality than that observed during the inspections, when catheter insertion was done by two nurses. Against this background, a sufficient.
Probleme und Konzepte der Marktabgrenzung (German Edition)
Maerz und April For some time, the EEG apportionment exhibits a considerable importance to many companies. The legislator is aware of the economic significance, and thus has implemented the special equalization scheme paragraph paragraph 40 ff.
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EEG for the electricity-intensive industry. The many years of a regulatory shadowy existence of the industrial own consumption effectuated a large creativity in the legal advisory and economic advisory practice: Business models should be developed in order to avoid the burden due to the EEG appointment. Those models have to be perceived with great care. For this purposes, also the practised structuring models are presented and evaluated legally.