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Reports & Resolutions

The national reports and the international reports of Prague (2012), Kiev (2013, Torino (2014) and Stockholm (2015) to the members of the LIDC in the restricted are. Enter you e-mail address and password on the left.

 Stockholm 2015
Question A : "Abuse of Dominant position and Globalization: “Is there any consistency between the recent approach of the different jurisdictions to the notion of abuse?”, “Are there too many restrictions on legal rights and business opportunities?” Resolution
- Question B : Protection and Disclosure of Knowhow: “Are countries providing enough or too much protection?” Resolution

Turin 2014
- Question A : The consistency and compatibility of transactional resolutions of antitrust proceedings (such as settlement processes, leniencies, transactions, commitments, and amicable agreements) with the due process and fundamental rights of the parties ? Resolution
- Question B : To what extent does the principle of exhaustion of IP  rights apply to the on-line industry ? Resolution

Kiev 2013 
- Question A : “The grocery retail market: is antitrust efficiently handling this market?” (merger, restrictive practices, abuse of dominant position)" Resolution
- Question B : “On what legal grounds could or should commercial practices, i.e. manufacturing, marketing, distribution or advertisements, of items produced or services rendered in violation of standards, statements, commitments or CSR voluntarily issued or adopted by an undertaking, be sanctioned or prevented ?” Resolution

Prague 2012 
Question A : Should or could small and middle size undertakings be subject to other or specific competition rules ? Resolution
- Question B : Should or could an undertaking obtain protection against the usage by non-competing undertakings of their trademark, distinctive signs and other components of their image and identity ? Resolution" Resolution

Oxford Congress - 2011 
Question A:What are the most important factors that should determine the level of fines imposed for infringements of the competition rules (e.g. cooperation, compliance programmes, impact of the infringement, previous infringements and/or deterrence)? Should there be a binding framework determining the level of fine and who should decide the framework (e.g. judges, competition authorities, ministers and /or some other independent body)? 
- International Rapporteur: Astrid Ablasser (Austria) 
- Resolution adopted by the General Assembly on 24/09/2011 

Question B:To what extent should online intermediaries (such as ISPs and operators of online marketplaces) be responsible for controlling or forbidding unfair competitive practices (such as sale of infringing products) on their systems ? 
- International Rapporteur: Trevor Cook (United Kingdom) 
- Resolution adopted by the General Assembly on 24/09/2011.

Bordeaux - Congress 2010 
Question A: What, if any, agreements on information exchanges about prices should be prohibited in vertical relationships? 
International Rapporteur : Elisabeth Eklund (Sweden) 

Question B: To what extent should IP Rights (Trademark, Copyright, Design Rights, and Appellation d‘Origine) restrict comparative advertising? 
International Rapporteur : Prof. Jochen Glöckner (Germany).

Vienna (October 2009) 
Question A : Should a competition authority have a complete discretionary power as regards investigating cases of infringement or on what criteria should that power be exercised ? 
International Rapporteur : Prof. Nicolas Petit (Belgium) 

Question B : What are the criteria that determine the unfairness of so called "look alikes", what are the prohibitions and the appropriate sanctions ? 
International Rapporteur : Professeur Docteur Guido Kucsko (Austria).

Hamburg - September 2008 
Question A: Fidelity discounts and rebates not justified by the costs : in which cases should such practises by a dominant undertaking be forbidden ? 
International Rapporteur : Alberto Heimler (Italy) 

Question B :Under which cicumstances and to what extent should the positive obligation of providing information be imposed by regulation on advertisers ? 
International Rapporteur : Prof. Antonia Barkadjeva Engelbrekt (Sweden).

Catania - September 2007 
Question A : To what extent and by what means should Intellectual Property Rights (“IPRs”) be subject to compulsory licensing by reason of competition law ? 
International Rapporteur : Tony Woodgate (UK) 
Question B : Ambush Marketing: too smart to be good ? 
Should certain ambush marketing practices be declared illegal and if yes, which ones and under what conditions ? 
International Rapporteur: Pierre KOBEL (Switzerland).

Amsterdam - October 2006 
Question A : “Should private enforcement of antitrust law be encouraged, and if so, by what measures?” 
International Rapporteur : Chantal Momège (France) 

Question B : “Should the objectives of the rules on unfair competition be to protect competitors, consumers, or other interests? How should any conflict between these objectives be resolved? 
International Rapporteur : Frauke Henning Bodewig (Germany).

GHENT (October 2005) 
Question A : Can the law of unfair competition complete or replace the specific protection conferred on intellectual property and, if so, to what extent ? 
Question B : To what extent may or must competition law control 
a) the freedom of a supplier to choose one or several distribution channels for the same product? 
b) the cumulative effect of choice of the same distribution channel by the majority of suppliers operating within the same market?.

BUDAPEST (October 2004) 
Comparative Advertising  : Which framework for the regulation of comparative advertising?.

BARCELONA (October 2003) 
Question 1 : Do professional organizations in charge of the rules concerning the practice of liberal professions have to comply with competition law ? If so, do they benefit or should they benefit from the exemptions ? 
Question 2 : What are the advantages and disadvantages of the existence of a specific procedure of cessation of unfair competition practises? Is it advisable to introduce such a procedure or harmonize existing procedures? What should be the conditions and consequences? 
Question 3 : Can the exercise of copyright or related rights constitute an abuse of dominant market position and if so in what circumstances? resolution, international report  ? 
Question 4 : To what extent and under what conditions can the enforcement of criminal sentences for individuals and their possible application to companies increase the efficiency of competition law ?.

MONTREUX (September 2002) 
Question 1 : Should any special considerations be taken into account in the application of competition law to sport and, if so, which and to what extent ? 
Question 2 : Should the media be the subject of special treatment under either competition law or unfair competition law? If special treatment is justified, then in what circumstances and to what extent should this be the case ? 
Question 4 : Do the rules relating to domain names registrations operate in a manner which promotes the advancement of e-commerce ? Do they infringe concepts of competition or unfair competition ?.

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