bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 4: Hardcore Restrictions
Authors: Wijckmans Frank , Tuytschaever Filip 
Published: March 2021

Abstract
This chapter addresses the hardcore restrictions which are included in Article 4 of Regulation 330/2010. Once it has been established that a vertical agreement falls within the scope of application of Regulation 330/2010, complies with the limitations included in Article 2(2)–(5), and does not exceed the market share limits, the next step is to check whether it contains any hardcore restrictions. This assessment constitutes the eleventh step of the analysis.The hardcore restrictions consist of RPM and certain territorial and customer restrictions. For the purposes of Regulation 330/2010, the list of hardcore restrictions in Article 4 is exhaustive. The inclusion of a hardcore restriction renders the block exemption inapplicable to the vertical agreement as a whole. In addition, the Vertical Guidelines provide for a rebuttable presumption that a hardcore restriction will fail to meet the conditions of Article 101(3) TFEU on an individual basis (self-assessment).
Promotion and Harmonization of Antitrust Damages Claims by Directive 2014/104/EU?
Authors: Rodger Barry , Ferro Miguel Sousa , Marcos Francisco 
Published: March 2021

Abstract
This chapter explains the contents and goals of the Antitrust Damages Directive (Directive 2014/104/EU), the corollary of the EU’s policy towards the promotion and facilitation of private enforcement of competition law. It first traces the evolution in EU competition law enforcement and policy that led to the adoption of the Directive before considering the goals of the Directive in more detail, namely to provide rules for the effective compensation of victims of antitrust infringements and to harmonize some rules concerning damages claims. It then examines the Directive’s legal basis under EU Law as well as substantive provisions, including those relating to compensatory principles, quantification of harm, and consensual dispute resolution. The chapter goes on to highlight neglected issues, limitations, and inherent biases regarding the scope and nature of the Directive’s rules and concludes with an analysis of issues arising from implementation of the Directive in Member States.
Poland
Authors: Bernatt Maciej , Gac Maciej 
Published: March 2021

Abstract
This chapter analyses the transposition of the Antitrust Damages Directive in Poland. It first provides an overview of the transposition procedure, focusing on the main stages of the implementation process that culminated in the adoption of the Act on actions for damages for infringements of the competition law provisions (ACD) that came into force on 27 June 2017. The chapter goes on to describe the scope of ACD before considering the novel aspects of Polish implementation with respect to disclosure of evidence, time-barring deadlines, the standing of business and consumer organizations to bring actions, and the possibility of bringing group actions. It also examines problematic issues relating to the effect of National Competition Authorities’ final infringement decisions, passing-on of overcharges, presumption of harm, the competency of courts handling actions for antitrust damages, leniency programmes, and settlement submissions. Finally, it reflects on future prospects for private enforcement of competition law in Poland.
Sweden
Authors: Henriksson Lars 
Published: March 2021

Abstract
This chapter examines the transposition of the Antitrust Damages Directive in Sweden. It begins with an overview of the transposition process, focusing on the implementing law called the Antitrust Damages Act (ADA) that was enacted on 3 November 2016 and entered into force on 27 December 2016, as well as the general requirements considered by the Swedish Government for implementing EU law. It then describes the scope of the implementation process for ADA before analysing the main issues concerning implementation of the Directive, such as those relating to preconditions for liability in Swedish law, joint and several liability, limitation period for bringing damages claims, right to full compensation, interest in arrears on damages awarded, quantification of harm, passing on of overcharges in Swedish law, right to recover damages from other infringers, procedural rules for cases involving antitrust damages, disclosure of evidence, and incorrect or incomplete transposition.
Introduction
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas 
Published: March 2021

Abstract
This introductory chapter provides an overview of EU competition law. Because it was first formally enacted in 1957, EU competition law is generally perceived as a relatively recent legal discipline. Its real, substantive, origins are however much older, and can be traced back to the history of ancient civilization. Today, the constraints imposed by EU competition law have become a major area of concern for decision-makers both in public and private sectors. Yet, beyond the cosmetics of press releases and business reports, the significance of EU competition law can be measured by its profound and lasting effects in economic activity. There are four possible objectives to the EU competition rules: the protection of fairness in competition; the promotion of economic freedom, plurality, and consumer choice; the promotion of economic efficiency; and the promotion of consumer welfare.
Enforcement, Institutions, and Procedure
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas 
Published: March 2021

Abstract
This chapter discusses the enforcement of EU competition law. EU competition law is primarily enforced through a system of ‘public enforcement’, where specialized administrative institutions initiate, decide, and terminate cases. Articles 101 and 102 TFEU are enforced by competition authorities at both the European—by the Commission—and national levels—by national competition authorities (NCAs). Since the adoption of Regulation 1/2003, the Commission and the NCAs form a ‘network’ of competition authorities called the European Competition Network (ECN). A set of specific legal mechanisms have been adopted to ensure a harmonious and effective enforcement of EU competition rules amongst the ECN. In addition, national courts also offer a remedial avenue for plaintiffs seeking to invoke EU competition rules. The chapter then looks at how the Commission and NCAs process competition cases. In general, a competition case goes through four stages: detection, investigation, evaluation, and decision.
Third Party Intervention
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter focuses on the rights of third parties to intervene in competition proceedings in the High Court (and appellate courts) and in the Competition Appeal Tribunal (CAT). It first considers intervention by third parties in the High Court under Rule 19.2 of the Civil Procedure Rules 1998 (CPR), intervention in judicial review proceedings, and intervention in appeal proceedings. It then discusses intervention in CAT, placing emphasis on appeals and reviews (applying for permission to intervene, the time limit for making an application to intervene, the role played by intervener at the hearing). It also explains how compensation claims are made under CAT rule 16 before concluding with an analysis of intervention by competition authorities, namely the Competition and Markets Authority (CMA) and the European Union Commission.
References
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines the key legal issues arising from the preliminary reference procedure in competition law. It first considers references to the Court of Justice of the European Union (CJEU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU) giving the Court jurisdiction to render preliminary rulings concerning the interpretation of the Treaty, and the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the European Union. It then explains the role of a ‘court or tribunal’ in making a reference, as well as the issue of inadmissible references and mandatory references. Finally, it discusses the preliminary reference procedure, including the procedure before the referring court, and the order for reference, special requests, interventions, submission of written and oral observations, and the effect of a ruling.
Hearings
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter focuses on practice and procedure in hearings conducted in the High Court and in the Competition Appeal Tribunal (CAT). It first considers the preparation for hearings, taking into account the relevant rules, namely Civil Procedure Rules (CPR) and CAT Rules, as well as case management, location of proceedings, treatment of confidential information, skeleton arguments and their publication, preparation of bundles of documents, and site visits. The discussion then turns to how hearings are conducted, focusing on factors to consider such as the venue, witnesses, time limits, and transcripts. The chapter also examines matters consequent upon hearings, such as handing down and reporting of judgments, along with their publication and costs. Finally, it explains how applications for permission to appeal in the High Court and in the CAT are made.
Business and Legal Forms of Multinational
Enterprise
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter discusses the relationship between the business organization and the legal form of multinational enterprises (MNEs). It seeks to answer a crucial question for MNE regulation: where does enterprise control reside, and do MNE legal forms adequately reflect the allocation of decision-making power in the firm? Legal forms may not coincide with the business organization of the firm. This can lead to a mismatch between the firm’s control structures and the legal structures through which the firm is regulated. The chapter then provides an overview of MNEs as business organizations, stressing the rise of new forms of organization based on advances in information technology (IT) and collaborative arrangements between firms. It also considers the main legal forms of the MNE, centred on contractual and equity-based structures, looking at the limitations of these traditional legal forms as regulatory devices. Finally, the chapter studies the interaction between business and legal forms and the issue of regulatory control.
Labour Relations
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter examines labour relations. The main elements of corporate social responsibility (CSR) applicable to multinational enterprises (MNEs) revolve around labour relations, human rights and environmental sustainability, which form the core contents of international corporate social responsibility (ICSR) instruments. The extension of CSR to MNEs arises from the perceived risk that they have the power to act with impunity against the interests of stakeholders affected by their operations, giving rise to growing demands for rebalancing corporate responsibilities towards more social ends. Labour rights represent the oldest category of social rights under national and international law and are key to understanding the rise of ICSR and its legal responses. The chapter then explores the historical role of labour rights in ICSR. It considers how the operations of MNEs and global value chains (GVCs) have caused changes in labour practices. It also studies the consequences of these changes on the regulation of labour relations in MNEs and GVCs, including the shift in contemporary transnational labour standards to the notion of ‘decent work’. Finally, the chapter assesses how the ‘decent work’ idea can be put into practice through national laws, international labour rights and transnational labour practices.
The
Control of Investment Risks through International Investment
Agreements
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter explores the control of host state investment risks through investor/investment protection standards under International Investment Agreements (IIAs). The United Nations Conference on Trade and Development (UNCTAD) divides IIAs into two types: bilateral investment treaties (BITs) and treaties with investment provisions (TIPs). Investor/investment protection standards in IIAs create issues of ‘regulatory space’, which, in international economic law, describes the regulatory freedom that states possess in the absence of international legal constraints. IIA protection standards affect the host state’s ‘right to regulate’ by placing certain legally binding requirements on domestic regulation so as to reduce investment risks arising from the potential disadvantages faced by foreign investors in the host state. The chapter then traces the development of international standards for the protection of foreign investors/investments and the development of ‘first-generation’ IIAs. It also describes the main instances of expansive arbitral interpretation that have led to recent calls for the reform of IIAs towards ‘new-generation’ agreements.
Introduction
Authors: Geiß Robin , Melzer Nils 
Published: March 2021

Abstract
This introductory chapter provides an overview of the twenty-first-century global security environment. Since the turn of the century, the global security environment has become increasingly dynamic, complex, and volatile; and the causes, mechanisms, and consequences of national and international (in-)security have become increasingly transnational and global in nature. Various powerful dynamics of a geopolitical, demographic, climatic, technological, social, and economic nature have been driving this trend, which has now been taken to entirely new levels by the recent outbreak of the COVID-19 pandemic. The convergence of so-called ‘old and new security challenges’, such as the return to power politics, the rise of asymmetric and hybrid warfare, and the emergence of novel threats posed by potent non-State actors, technological innovation, as well as dramatically increased economic, pandemic, and environmental risks, have entailed a veritable globalization of the security agenda. The chapter then outlines a number of overarching key dynamics, trends, and contestations that reflect the various intrinsic and extrinsic pressures and tensions international law is exposed to in the global security environment of the twenty-first century.
The United States
Authors: Jorgensen Malcolm 
Published: March 2021

Abstract
This chapter assesses the role of the United States (US) in the development of the international law of global security. It begins by reflecting on competing US conceptions of the relationship between national security and global order as they evolved across the twentieth century. The chapter then focuses on three significant trends defining the contemporary field. First are US attitudes towards multilateral institutions and global security, and the ongoing contest between beliefs that they are mutually reinforcing versus beliefs that US security and global institutions sit in zero-sum opposition. Second is the impact of the generational ‘War on Terror’, which has yielded more permissive interpretation and development of laws governing the global use of violence. The final trend is that towards competitive geopolitical interests restructuring international law, which is evident across diverse areas ranging from global economics, to cybersecurity, to the fragmentation of global order into spheres of influence.
The Role of the United Nations in Shaping Global Security Law
Authors: Day Adam , Malone David M. 
Published: March 2021

Abstract
This chapter argues that the United Nations (UN) has contributed to the international law of global security in three related ways: (1) as a lawmaker, or something very much like it, with the UN Security Council (UNSC) empowered through the Charter to adopt decisions binding on all Member States; (2) as an interpreter of international law, with significant impact on the law of global security; and (3) as an agenda-setter, establishing norms and shaping international responses to new security challenges. In all of these, the role of the UNSC has predominated, particularly in the post-Cold War period when the pace of its engagement and its willingness to intervene in a wide range of settings increased dramatically. This does not mean that the UN is always the best, or even the appropriate, actor when it comes to making, shaping, and enforcing international law. The chapter then considers the political limitations of the UN as an actor shaping global law, and the attendant risks this contested role poses to effective management of international peace and security. Just as it adapted in the post-Cold War period to new conflict dynamics and power constellations, the UN is likely to remain a key player in the global legal order in some respects and will need to calibrate its decisions accordingly, which it has not always done in the past.
Combatants and Non-Combatants
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter examines the regulation of combatant status in treaty law and the many challenges for combatant status in recent armed conflicts. The primary status under international law of persons in an international armed conflict will be one of two categories of persons: ‘combatants’ and ‘civilians’. Combatants may fight within the limits imposed by international law applicable in international armed conflict, that is, they may participate directly in hostilities, which members of medical or religious personnel and ‘non-combatants’ may not do because they are excluded—by international law and by a legal act of their party to the conflict—from the authorization to take a direct part in hostilities. The chapter then discusses ‘unlawful combatants’, or what may be considered the better term: ‘unprivileged belligerents’. The term ‘unlawful enemy combatant’ was particularly used after 11 September 2001, to introduce a third category of persons which under existing law may be either combatants or civilians, but are denied such status as not fulfilling essential conditions. To use this third category in order to reduce the individual protection below the minimum standard of human rights is under no circumstances legally acceptable.
Occupation
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter addresses the present state of the law of occupation, highlighting also the increasing importance of human rights for the protection of civilians in occupied territories. International law on belligerent occupation determines the rights and obligations of a party to an armed conflict which occupies territory of the adverse party. It also codifies the rights and duties of the residents of such occupied territory. The treatment of the population of an occupied territory is measured against standards set by international humanitarian law and human rights law concurrently. The International Court of Justice (ICJ) left no doubt that as a rule, the specific provisions of GC IV and relevant rules of customary law relating to belligerent occupation take precedence over human rights law, as law specifically drawn up for issues arising out of belligerent occupation (lex specialis). In an exceptional case, it may be determined that a human rights rule offers greater protection to the inhabitants of an occupied territory. When assessing the interplay between international humanitarian law and human rights law, this must be done on a right-by-right or case-by-case basis, respecting the special situation of occupation, rather than in a wholesale manner.
Protection of Cultural Property
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter provides a commentary on the protection of cultural property in armed conflicts, which covers recent developments in treaty law and international practice. The Second World War spurred the eventual conclusion of the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict and the Regulations for its execution, along with a separate optional Protocol, now known as the First Protocol. The preamble to the former declares that ‘damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world’. While the 1954 Convention applies during international armed conflict (whether or not a legal state of war exists between the belligerents, as well as to all cases of partial or total occupation of the territory of a party), its provisions relating to respect for cultural property also apply to non-international armed conflict occurring within the territory of one of the parties. Meanwhile, the 1977 Additional Protocols to the Geneva Conventions, too, embody brief provisions specifically relating to respect for cultural property. In parallel with these treaty regimes, a body of customary international law has developed over the years to protect cultural property in armed conflict.
The Law of Non-International Armed Conflict
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter provides an overview of the law of non-international armed conflicts and its progressive development. The law of armed conflict, as it has developed in the last part of the nineteenth and the first part of the twentieth century, deals predominantly with wars between states. Its basic principles and rules are, however, likewise relevant for non-international armed conflicts: in all armed conflicts, elementary considerations of humanity must be respected under all circumstances, in order to protect victims, to reduce human sufferings, and to minimize damages to objects vital for survival. Therefore, the parties to the conflict do not have an unlimited choice of the means and methods of conducting hostilities, nor of selecting the targets to be attacked, and they must protect the victims from the effects and consequences of war. This concept is reflected in the principles and rules of international humanitarian law, to be respected by all and, while taking military necessity into account, limiting the use of force for humanitarian reasons. Parties to the conflict respecting these principles and rules are considered as respecting the international order, while those seriously violating them will commit internationally wrongful acts and perpetrators are liable to punishment.
Obligations of the Reinsurer
Authors: Edelman Colin , Burns Andrew 
Published: March 2021

Abstract
This chapter evaluates the obligations of the reinsurer. A reinsurer is obliged to indemnify its reinsured where a loss falls within the cover of the policy reinsured and within the cover created by the reinsurance. In the absence of any express provision in the reinsurance policy to the contrary, the burden of proof is on the reinsured to prove that the underlying insured’s loss fell as a matter of law within the risks covered and that it was as a matter of fact liable to the underlying insured in respect of that loss. A reinsurer is not obliged to pay its reinsured more than the reinsured has paid its underlying insured. Over the years, insurers have sought (with varying degrees of success) to relieve themselves of the responsibility of proving that they were as a matter of fact liable to their underlying insured and of proving the quantum of such liability by inserting in policies of reinsurance a clause requiring the reinsurer to follow the settlements or fortunes of the reinsured.