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

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.