Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How

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

The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well asthe reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike.

The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions.

The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.

Contenu

Part I - Abuse of Dominant Position and Globalization: International Report by Pinar Akman.- Austria by Gerhard Fussenegger, Florian Schuhmacher and Rainer Tahedl.- Belgium by Pierre M. Sabbadini.- Bulgaria by Anton Petrov.- France by Mathilde Boudou, Clément Hubert, Thibaut Marcerou, Georges Poulakos, Michaël Vaz d'Almeida and Martina Isola.- Germany by Marco Hartmann-Rüppel.- Japan by Takahiko Itoh.- Lithuania by Yvonne Goldammer.- Moldova by Alexandr Svetlicinii.- Poland by Aleksander Stawicki, Bartosz Turno and Tomasz Feliszewski.- Spain by Manuel Cañadas Bouwen and Julia Suderow.- Sweden by Trine Osen Bergqvist.- Switzerland by Denis Cherpillod.- The Netherlands by Sarah Beeston and Maria Geilmann.- Ukraine by Natalia Ivanytska.- United Kingdom by Jeremy D. M. Robinson.- Part II - Protection and Disclosure of Know-How: International Report by Henrik Bengtsson.- Austria by Juliane Messner, Max W. Mosing and Rainer Schultes.-Belgium by Sophie Lens.- Brazil by Felipe Barros Oquendo.- Bulgaria by Teodora Tsenova.- France by Nizar Lajnef, Elisabeth Logeais, Vanessa Jiménez-Serrania and Guillaume Couet.- Germany by Thomas Hoeren.- Hungary by Miklós Boronkay.- Italy by Anna Gardini.- Japan by Takashi Koyama and Izumi Hayashi.- Luxembourg by Marianne Decker.- Romania by Catalin Grigorescu and Cristina Mihai.- Spain by Ana María Ruiz Martín.- Sweden by Magnus Tonell.- Switzerland by Charlotte Boulay.- The Netherlands by Vonne Laan and Mariko Kloppenburg.- Ukraine by Anton Polikarpov.- United Kingdom by Michael Browne.- United States of America by Emilio Varanini.