The work is mainly concerned with how jurisdiction is allocated in private EC competition law disputes which have connections with more than one country.  The question when the English court is entitled to refuse recognition and enforcement of a foreign judgment, which misapplies or neglects EC competition law, is duly examined as well.  Much of the law which provides the framework for the resolution of such disputes is derived from international legal sources, as a consequence of which English law is very similar to or the same as the law of other countries in Europe. The thesis comprises four main parts.  The <i>first</i> part introduces the sources that are relevant for jurisdiction and judgments in relation to EC competition law claims.  The second part considers the potential jurisdiction problems in antitrust claims and specifies the bases upon which the English courts may exercise jurisdiction in private proceedings arising under EC competition law.  The thesis’ <i>third</i> part focuses on questions related to the jurisdiction of arbitral tribunals in EC competition law claims and the jurisdiction of English courts in proceedings ancillary to arbitration in relation to those claims.  The <i>fourth</i> part of the work is an analysis of the issue related to recognition and enforcement of foreign judgements in relation to EC competition law claims. The study shows that as a result of the decentralised enforcement of EC competition law, the private international law rules, related to jurisdiction and enforcement of foreign judgments, have a vital role to play if EC competition and law is to be enforced effectively and fulfil its economic function adequately.

Thesis (doctoral)--Universität Bern, 1973. / Includes bibliographical references (p. 157-162).

Thesis (doctoral) - Universität, Freiburg, 2009. / Includes bibliographical references (p. [313]-339) and index.

How should the experimental use mechanism be designed in order to maintain the proper balance between the rights of patent holders and the rights retained by the public? The work explores various approaches towards the experimental use exemption in influential regions, such as US UK Germany Japan as well as in international treaties. In each of these systems some degree of vulnerability is found. Either exemption is too narrow or too broad and lacking a dynamic dimension. Therefore, the work sets out to design a dynamic and multi-step experimental use mechanism. The work proposes to view the experimental use mechanism as a right provided to the public and in turn as a duty imposed on the patent holder to suggest path/s of exploration with regard to the patented invention. This approach significantly strengthens the experimental use mechanism as it becomes part of the bundle of requirements that an inventor needs to comply with in order to obtain a patent grant. The scope of the experimental use mechanism will be determined by a three step process. In the first stage the positions and interests of the inventor, invention and researcher will be taken into account in order to determine the incentives needed to cause inventors to stay within the patent system and at the same time prevent researches from migrating to other regions. In the second stage the scope of the experimental use mechanism will be impacted by the determination whether either party adopted anticompetitive behavior. The final step will inquire whether the invention or the research is geared at improving public health. In these instances there will be a tendency to increase the scope of the experimental use mechanism due to the internationally recognized right to health and its global importance. The work incorporates concepts from different legal fields such as competition law and health policy as well as from other disciplines including economics and psychology The three step process has the potential of designing a dynamic and robust experimental use mechanism which may prove to be useful in other patent settings such as the holdup problem or blocking patents. Incorporating a flexible experimental use mechanism may diminish the attempts of patent holders to act opportunistically and curtail the rights of the public. Thus, the work contributes to the current state of the experimental use debate and towards achieving the proper balance between the rights of the patent holder and the rights of the public.

This thesis examines the effectiveness of the competition regime in Hong Kong (HK), which is one of the few remaining developed economies to yet implement a competition law. In its search for the optimal dynamics of the regime, the thesis offers a tripartite examination on its objectives, institutions and scope of application, and how these three distinct internal dimensions individually and jointly influence the effectiveness of the regime. Furthermore, a critical review is offered on two significant external factors, land hegemony and the political regime, both of which exert a strong force on the competition regime. This interdisciplinary research project encompasses legal, political, economic, and market-contextualized analysis. Given that HK has a new competition regime, and is an international financial, communication, and transportation centre, it is appropriate and apposite to evaluate it by international standards. The thesis begins with an examination of three internal dimensions. As a preliminary, it considers the extent to which HK benefits from a free economy with a sound competitive environment. It then moves on to investigate the first dimension, which is that of the objectives of the competition law in terms of its clarity, prioritization and consistency. Following this, the thesis investigates the second dimension, the institutions of the Competition Commission and the Competition Tribunal, by asking how the structure shapes the substance of enforcement. It explores the limitations and virtues of major institutional models and which model is the most appropriate for HK. In its third dimension, the thesis questions the adequacy of the scope of competition law, with a focus on the near blanket exclusion of public entities. Commentary is offered on how to achieve a level playing field between private and public sectors. Following the evaluation of the three internal dimensions, the thesis focuses on their correlations. The discussion reviews the challenges and puts forward a wide range of measures to manage them. Finally, the thesis explores the significance of two external powers, land hegemony and political regime, and suggests several long-term solutions which the author believes would lead to the steady optimization of the competition regime.

Universiẗat, Diss.--Zugl.: Osnabrück, 2007. / Literaturverz. S. 517 - 526. Includes bibliographical references (p. 517-526).

Univ., Diss.--Kiel, 2002.

Univ., Diss.--Basel, 2002.

Univ., Diss.--München, 2002. / Literaturverz. S. 241 - 250.

Univ., Diss. u.d.T.: Gey, Peter: Die Bedeutung des potentiellen Wettbewerbs bei der Bestimmung marktbeherrschender Stellungen im deutschen, europäischen und US-amerikanischen Kartellrecht--Hamburg, 2004.