Abuse of protected position? Minority shareholdings and restriction of markets' competitiveness in the European Union

Article Abstract:

The protection granted to corporate governance minority shareholders can be used as an instrument to circumvent Competition Law, but it is shown that there is a substantial lack of European Courts jurisprudence and that the Commission's approach to the issue is inconsistent. The economic community might welcome a Commission Notice clarifying all the uncertain points and at the same time a precise instrument of legislative nature capable of closing the gap.

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Delimitation and exercise of competence between the West African Economic and Monetary Union (WAEMU)* and its Member States in competition policy

Article Abstract:

The centralization of competition law within the West African Economic and Monetary Union (WAEMU) is assessed under the national and international competition law issues. The WAEMU's centralized competition policy is analyzed to determine the extent of the Union and Member States' competence, prior to an overall assessment of the system in order to suggest an alternative distribution of competences.

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Damages for the infringement of Art. 81 EC by cartel agreements according to sec. 33(3) GWB: the changes of law concerning the "Protective Law" requirement and the "passing on" defence

Article Abstract:

The damage claims for the infringement of Art. 81 EC by cartel agreements in German courts are analyzed. The omission of 'passing on' defence might hinder the assessment of economic loss due to cartel enforced profit margins.

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