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illegality
UK
/ˌɪlɪˈɡæləti/
US
/ˌɪlɪˈɡæləti/
Library
To prove either the illegality or the legality of certain practices. +10
law
незаконность
Относится к правовому статусу практики связывания товаров, рассматриваемой в антимонопольном праве.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
The presumption of illegality that can be applied to the general class of conducts of this type is not very strong. +5
law
презумпция незаконности
Предположение о незаконности определённого вида поведения, если доказательства или дальнейший анализ не показывают обратного.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
The threshold of illegality being placed very high. +2
law
незаконность
Относится к признанию судом правового акта незаконным.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
In the case of per se, the CDE are: (4)with a per se legality standard, and: (5)with a per se illegality standard: +1
law
стандарт незаконности per se
стандарт автоматического признания незаконным
Правило или подход, согласно которому поведение считается незаконным per se.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
The CA can use a per se illegality standard when the presumption of illegality is extremely strong. +1
law
незаконность per se
Категорическая правовая квалификация, при которой поведение считается незаконным без дополнительного анализа его последствий.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
All these conducts will be deemed illegal under a per se illegality rule. +1
law
правило незаконности per se
правило о незаконности per se
Правило, признающее определённое поведение незаконным само по себе, без оценки его конкретных последствий.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
British scholars have noted the hands-off approach in matters of economic regulation, where the EU Courts allow the EU institutions to enjoy considerable discretion, resulting in ‘the threshold of illegality being placed very high’.
law
порог признания незаконности установлен очень высоко
Критерий, по которому суд признаёт действие незаконным, установлен на очень высоком уровне.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
The CA can re-determine the average harm and the strength of the presumption of illegality for these revised values of γ and h.
law
сила презумпции незаконности
Насколько веские основания позволяют считать поведение предположительно незаконным.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries
The application of the object rules may require analysis before it can be determined whether the conduct belongs to a subclass for which there is a strong presumption of illegality.
law
сильная презумпция незаконности
Весомое исходное предположение о незаконности определённого поведения, влияющее на необходимость дальнейшего анализа.
Competition Authorities in South Eastern Europe: Building Institutions in Emerging Markets
This open access book provides answers to key open questions concerning competition policy in emerging economies, with a focus on South Eastern Europe. The contributions address two major issues. One is the design of competition policy and the national competition authorities that enforce it, including the topics of competition advocacy and state aid control; the other is the use of economic methods in competition law enforcement, especially in the cases of relevant market definition and merger control. Many lessons learned in the countries of South Eastern Europe can be applied to the emerging markets of other regions. As such, the findings presented here will be highly relevant for officials and staff at national competition authorities, advisers to legislators shaping national competition policy, competition law professionals, and university students alike. ; Presents topical insights into the institutional design of national competition authorities Offers specific economic methods relevant for competition law enforcement Linked to a dedicated website providing information about ongoing competition law cases in SEE countries