Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights

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This book offers a comprehensive comparative analysis of two significant issues in antitrust and unfair competition laws across key countries. The first part focuses on the compatibility of transactional resolutions in antitrust proceedings—such as settlement procedures, leniency programs, and commitments—with due process and the fundamental rights of involved parties. Given the global adoption of these procedures by antitrust authorities, this topic is crucial. Individual chapters explore the evolution of leniency, settlement, and commitment procedures across various jurisdictions, examining the application of checks and balances to protect the rights of the parties. An in-depth international report identifies trends and highlights differences in national regulations. The second part addresses unfair competition concerning the online exhaustion of IP rights, reflecting on how these concepts have adapted to the shift towards online commerce. The chapters compare national positions on this evolving issue, culminating in a comprehensive international report. Additionally, the book includes resolutions from the General Assembly of the LIDC, which propose solutions and recommendations following debates on these topics. The LIDC is a well-established international association dedicated to the intersection of competition law and intellectual property law, including unfair competition matters.