What to Do Before You Call the WTO - The Prelitigation Assessment of Trade Barriers Author: Gary N. Horlick and Hanna Boeckmann Publisher: International Centre for Trade and Sustainable Development (ICTSD) Date: 02/04/2013
Van Bael & Bellis launches the fifth edition of its “EU Anti-Dumping and Other Trade Defence Instruments, published by Kluwer.
Always comprehensive in its coverage, the book in its new edition provides a comprehensive and up-to-date analysis and a critical commentary on the numerous cases decided under the anti-dumping, anti-subsidy, safeguard and trade barrier regulations. Van Bael & Bellis, recognised as first in Europe in the area of trade laws, leaves no stone unturned in its consideration of such issues and elements of the subject as the roles of the various European Institutions, the EU legislative history, the European Courts’ and the WTO’s case law. Van Bael & Bellis covers every issue likely to arise in any trade defence matters, including all of the following and more:
determining the dumping and injury margins;
determining the subsidy margin;
determining the causal link between dumping or subsidy and injury;
determining if “Union interest” calls for intervention;
differences between anti-dumping and anti-subsidy legislations;
procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews and refunds;
conditions for accepting an undertaking;
measures that may be taken to prevent “circumvention” of anti-dumping or countervailing measures;
rules for the determination of permissible adjustments;
rules governing the standing of various interested parties before the European Courts;
rules and procedures applicable to non-market economy countries;
special rules on products originating in a developing country;
allocation and administration of quantitative quotas; and
For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defene instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases which were introduced in March 2011are taken fully into account.
The fifth edition of “EU Anti-Dumping and Other Trade Defense Instruments” is without peer as a guide to EU trade defence laws.
De bescherming van zakengeheimen in het Belgisch en Europees mededingingsrecht: Wat geheim is blijft geheim…of toch niet? Author: Peter L'Ecluse and Koen T'Syen Publisher: Cah. Jur. 2011, afl. 1, 20-30 Date: 01/05/2011
EC competition strategy in the global economy - the example of the proposed joint venture between BHP - Rio Tinto Author: Porter Elliott, Johan Van Acker & Etsuko Kameoka Publisher: Journal of the Japanese Institute of International Business Law Date: 29/03/2011
Latest developments in EU cartel enforcement - the first Commission settlement decision (EC Competition) Author: Jean-François Bellis, Kris Van Hove and Etsuko Kameoka Publisher: The Japanese Institute of International Business Law Date: 06/01/2011
The authors have taken the opportunity to write much extended chapters on procedure as well as on state involvement in competition. The book provides an up-to-date and above all practical analysis of the EU competition rules.
Recent years have first and foremost been a time for gaining experience in the application of the procedural and substantive rules which underwent such fundamental changes in the early years of the decade. In this edition, the authors examine all the important cases from this key period of competition law enforcement, and such notable recent developments as the following:
ever-increasing fines under the Commission's revised fining guidelines;
new risks for companies on appeal;
the Commission's revised leniency programme;
the Commission's new formal cartel settlement procedure;
important Article 102 (formerly Article 82) rulings concerning pricing, tying and interoperability, including the Microsoft judgement;
the Commission's guidance communication concerning its enforcement priorities concerning abusive exclusionary conduct;
the new, broader 'significantly impeding effective competition' test under the Merger Regulation;
developments in the energy and telecoms sectors;
distribution issues in the motor vehicle sector; and
procedural aspects of sector inquiries.
Van Bael & Bellis’ Fifth Edition of "Competition Law of the European Community" received a glowing book review from Valentine Korah, Emeritus Professor at University College London (UCL): " Any new edition of Van Bael & Bellis, a "must stock" brand if ever there was one, is a major event. Its appearance is warmly welcome."
L'application du règlement sur le contrôle des concentrations. Author: Jean-François Bellis, Charlotte Nassogne Publisher: Journal de droit européen, September 2009, n° 161; with kind authorisation of Larcier www.larcier.be Date: 01/09/2009
La seconda edizione dell’opera, aggiornata al 1 giugno 2008 ed arricchita da un capitolo sul diritto procedurale antitrust italiano, si presenta come un’ampia analisi del diritto europeo della concorrenza così come interpretato e applicato dalla Commissione e dalla Corte di giustizia,
Attingendo alla loro esperienza di pratica professionale, gli autori hanno evidenziato l’impatto concreto delle norme antitrust sulle attività d’impresa. Il volume combina, pertanto, il commento critico alle regole di concorrenza con delle pratiche indicazioni relative alla loro applicazione in concreto. L’opera è un ottimo strumento di consultazione tanto per gli operatori d’impresa quanto per i consulenti legali.
In questa edizione, gli autori esaminano tutte le più importanti novità registrate negli ultimi anni, tra cui :
l’aumento esponenziale delle ammende inflitte dalla Commissione in seguito all’ultima revisione degli Orientamenti per il calcolo delle ammende;
la revisione del programma di clemenza della Commissione;
le tendenze giurisprudenziali relative al riesame delle decisioni antitrust della Commissione
le recenti ed importanti pronunce riguardanti l’applicazione dell’art. 102 TFUE (ex art. 82 del Trattato CE) in materia di prezzi, vendite condizionate ed interoperabilità, incluso il caso Microsoft;
il nuovo e più effettivo test di valutazione delle operazioni di concentrazione adottato dal Regolamento concentrazioni;
la dettagliata analisi del diritto procedurale antitrust italiano.
VBB on Competition Law Volume 2009, No. 8 Author: Van Bael & Bellis Date: 09/08/2009
Anti-Cartel Enforcement in Belgium Author: Ivo Van Bael and Martin Favart Publisher: Anti-Cartel Enforcement Worldwide, edited by Maher M. Dabbah and Barry E. Hawk, Cambridge University Date: 01/08/2008
Van Bael & Bellis is pleased to announce the publication of its Japanese language book on EC competition law, “EC Competition Law”, (Shoji-homu).
Over the past few decades, EC competition law has developed into a complex field of law affecting many aspects of commercial activity in Europe. Failing to respect EC competition law, even if unintended, may have very serious consequences, including fines that can run into the hundreds of millions of Euros. As a rapidly growing number of EC competition law proceedings attests, Japanese companies active in Europe are not being spared from enforcement of the EC competition rules. “EC Competition Law” by the Brussels-based specialist European law firm Van Bael & Bellis serves to assist Japanese businesses in understanding and mastering this multifaceted body of law.
Written in Japanese, “EC Competition Law” covers the key areas of substantive and procedural EC competition law: basic concepts, cartels, cooperation agreements, distribution, IP licensing, abuse of dominance, merger control, and procedural rules. The book reflects the law as it stood on 1 July 2007 covering, among others, the fundamental changes that took place with the modernisation of EC competition law on 1 May 2004 as well as important subsequent changes. These include new procedural rules on the enforcement of Articles 81 and 82 of the EC Treaty, the new Merger Regulation and new Merger Guidelines, the EC Commission’s new Fining Guidelines and Leniency Notice and the new Technology Transfer Block Exemption Regulation.
Van Bael & Bellis is the author one of the standard works in the field of EC competition law “Competition Law of the European Community” (Kluwer International, 2005 (fourth edition)) and producer of the award-winning DVD “Complying with EU competition law” (available in Japanese and nine other languages).
“EC Competition Law” is available at book shops all over Japan and online stores.
Analysis of EU Customs Law for Japanese Businesses Author: Philippe De Baere, Pablo Muñiz, Etsuko Kameoka Date: 01/07/2006
DSB Decisions and Direct Effect of WTO Law: Should the EC Courts be More Flexible when the Flexibility of the WTO System has Come to an End? Author: Fabrizio Di Gianni and Renato Antonini Publisher: Kluwer Law International Date: 01/01/2006
Any business operating in the European Union is subject to European competition rules. The violation of these rules, even if involuntary, can have very serious consequences for businesses. These include fines that are becoming ever larger: fines close to €500 million have been imposed by the European Commission in cases concerning cartels and abuses of a dominant position.
This DVD presents four scenarios which illustrate, in a realistic and lively fashion, those situations that are the most likely to constitute very serious infringements of European competition law and thus lead to the imposition of the highest fines. These scenarios include:
Price-fixing agreements between competitors (cartels);
Resale price maintenance;
Restrictions on parallel trade between Member States;
Abuses of a dominant position.
The scenarios are preceded by a video-clip describing a dawn raid by European Commission’s competition officials at the business premises of a company suspected of infringing European competition rules. These various video-clips are accompanied by a commentary from Jean-François Bellis, who succinctly describes the basic rules of European competition law and draws some practical lessons from each of the situations presented.
This DVD provides a valuable training tool for any company wishing to disseminate the fundamental rules of competition law to personnel within the framework of a compliance programme. The training provided by this DVD does not require any previous knowledge of European competition law, and is therefore appropriate for training sessions with all of a company’s personnel.
This DVD has been created jointly by the legal department of the Michelin group and the law firm of Van Bael & Bellis and is available Dutch, English, French, German, Hungarian, Italian, Japanese, Polish, Romanian and Spanish.
Steel Tubes: Trade Argument Reduces Fines Author: Kris Van Hove Date: 01/11/2004
This publication highlights those aspects of the law and practice of the European Community and the appropriate provisions of the relevant WTO Agreements, which may be of practical interest to business managers, exporters and importers of developing countries and transition economies. Special emphasis is, therefore, given to practical definitions, problems and recommendations.
For more information about this publication please visit the ITC website.
La Décentralisation dans l'Application du Droit de la Concurrence Author: Jean-François Bellis Publisher: Bruylant-Bruxelles/Academia-Bruylant, Louvain-la-Neuve Date: 01/01/2004
Here in a fully updated fourth edition is the definitive treatment of EC trade protection laws. Always comprehensive in its coverage, in its new edition the book provides incisive analysis and critical commentary on the numerous cases decided under the Anti-Dumping, Countervailing, Safeguard and Trade Barriers Regulations. It also discusses the implications of the new Regulation on unfair pricing practices in airline services. The emphasis throughout is on the practical application of the rules.
Van Bael & Bellis – recognised as first in Europe in the area of trade laws – leaves no stone unturned in its consideration of such issues and elements of the subject as the roles of the various Community Institutions, the EC legislative history, the European Courts’ case law and the WTO framework. An extensive array of tables and annexes at the back of the book leads the practitioner to all the essential primary source materials in the field. Lawyers and academics involved with trade matters will discover that Anti-Dumping and Other Trade Protection Laws of the EC is still without peer as a guide to EC trade protection laws.
The CFI annulments of the Commission's merger prohibition decisions Author: Etsuko Kameoka Date: 01/07/2003
Le recouvrement a posteriori de la dette douanière à la lumière de la jurisprudence des juridictions communautaires et la position des importateurs communautaires Author: Fabrizio Di Gianni Publisher: Editions Clément Juglar Date: 01/03/2003
This book is essential reading for all companies doing business in Belgium, as well as for their legal advisers. It is a time- and money-saving companion that deals with the legal aspects of most commercial scenarios from a practical point of view.
Topics covered in the book include company law, mergers and acquisitions, accounting law, taxation and tax law, customs and excise law, financial law, employment law, residence and work permits, distribution law, E-commerce rules, intellectual property law, antitrust law, unfair trade practices, property law, environmental law, state aid rules, product liability law, data protection rules, judicial composition and bankruptcy, litigation and arbitration.
Written by a team of Belgian lawyers at Van Bael & Bellis, this book reflects their day-to-day experience with respect to the complex legal issues that arise under Belgian business law. This book is the only comprehensive treatise of Belgian business law available in English.
Observations on Regulation 1400/2002 (Motor Vehicle Block Exemption) Author: Van Bael & Bellis Date: 01/01/2002