Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights

This bookprovides an unparalleled comparative analysis of two "hot topics" inthe field of antitrust and unfair competition laws with regard to a number ofkey countries.

The first partof the book examines the consistency and compatibility of transactionalresolutions of antitrust proceedings (such as settlement procedures, leniencyprogrammes and commitments) with due process and the fundamental rights of theparties. This is a particularly important topic, given the widespread adoptionof these procedures by anti-trust authorities worldwide. The individual chaptersconsider how the leniency, settlement and commitments procedures have developedacross a range of jurisdictions, and discuss the extent to which checks andbalances have been applied in those national procedures in order to safeguardthe fundamental rights of the parties involved. A detailed international reportidentifies general trends and highlights the differences between and most interestingfeatures of national regulations.

The second partof the book gathers contributions from various jurisdictions on the unfaircompetition-related question of the online exhaustion of IP rights. As commerceis increasingly moving online, the respective chapters consider the extent towhich exhaustion and similar concepts have adapted to these rapid changes. Thecomprehensive and insightful international report brings together thesereflections by comparing various national positions.

The book alsoincludes the resolutions passed by the General Assembly of the LIDC following adebate on each of these topics, which include proposed solutions andrecommendations.  The internationalLeague of Competition Law (LIDC) is a long-standing international associationthat focuses on the interface between competition law and intellectual propertylaw, including unfair competition issues.

This book provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries.

The first part of the book examines the consistency and compatibility of transactional resolutions of antitrust proceedings (such as settlement procedures, leniency programmes and commitments) with due process and the fundamental rights of the parties. This is a particularly important topic, given the widespread adoption of these procedures by anti-trust authorities worldwide. The individual chapters consider how the leniency, settlement and commitments procedures have developed across a range of jurisdictions, and discuss the extent to which checks and balances have been applied in those national procedures in order to safeguard the fundamental rights of the parties involved. A detailed international report identifies general trends and highlights the differences between and most interesting features of national regulations.

The second part of the book gathers contributions from various jurisdictions on the unfair competition-related question of the online exhaustion of IP rights. As commerce is increasingly moving online, the respective chapters consider the extent to which exhaustion and similar concepts have adapted to these rapid changes. The comprehensive and insightful international report brings together these reflections by comparing various national positions.

The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations.  The international League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.