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Alison Jones

Other affiliations: Drexel University, RTI International
Bio: Alison Jones is an academic researcher from King's College London. The author has contributed to research in topics: Competition law & Competition (economics). The author has an hindex of 11, co-authored 52 publications receiving 480 citations. Previous affiliations of Alison Jones include Drexel University & RTI International.


Papers
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Book
24 May 2001
TL;DR: In this paper, the European Union and its competition law and institutions are discussed and the relationship between the three elements of competition law: competition, the state, and public undertakings.
Abstract: 1 Introduction to competition law 2 The European Union and its competition law and institutions 3 Article 101 TFEU: the elements 4 The relationship between Article 101(1) and Article 101(3) TFEU 5 Introduction to Article 102 TFEU 6 Article 102 TFEU: Dominant position 7 Article 102 TFEU: Conduct which can be an abuse 8 Competition, the state, and public undertakings: Article 106 TFEU 9 Cartels and oligopoly 10 Horizontal cooperation agreements 11 Vertical agreements 12 Licensing agreements and other agreements involving intellectual property rights 13 Public enforcement by the Commission and the national competition authorities of the antitrust provisions 14 Private enforcement 15 Mergers 16 International aspects

168 citations

Journal ArticleDOI
TL;DR: In this article, the authors examine a number of cases which have arisen in the EU and which raise the question of whether a holder of a standard-essential patent (SEP) which has given a commitment to license that SEP to any third party on fair, reasonable and non-discriminatory (FRAND) terms, should be able to enforce its patent rights thought the bringing of an injunction in court.
Abstract: This article examines a number of cases which have arisen in the EU and which raise the question of whether a holder of a standard-essential patent (SEP) which has given a commitment to license that SEP to any third party on fair, reasonable and non-discriminatory (FRAND) terms, should be able to enforce its patent rights thought the bringing of an injunction in court. In particular, it focuses on questions referred to the Court of Justice by the Regional Court of Dusseldorf in the context of litigation between two Chinese electronics companies operating in the mobile telephony market, Huawei Technologies and ZTE. Crucially, the German court has asked the EU court whether, and if so when, it might constitute an abuse of a dominant position contrary to Article 102 TFEU for a FRAND-encumbered SEP-holder to seek an injunction against a potential licensee alleged to be infringing the patent. This article analyses the questions that have been put to the Court of Justice and considers how it might answer them. It suggests that even though EU precedent does not provide a clear solution to the questions posed, jurisprudence does set out some guiding principles which can be relied upon to construct an answer. It concludes, however, that even if this matter is resolved, other pressing – and difficult – matters remain which require urgent development. As the FRAND obligation leaves vast scope for disagreement between SEP-holders and implementers over a number of fundamental issues, it is critical that mechanisms are put in place which will allow FRAND disputes to be resolved quickly and efficiently to the mutual benefit of SEP-holders and implementers.

25 citations

Posted Content
TL;DR: In this paper, the authors present the journey that the European Commission has taken to "modernize" the interpretation and application of Article 101 and conclude that the process of modernization may have made it less likely that firms will be willing to incorporate such hardcore restraints in their agreements, even when they consider them to be indispensable to the working of a procompetitive arrangement.
Abstract: This article charts the journey that the European Commission has taken to "modernize" the interpretation and application of Article 101. It commences by analyzing the Commission's initial formalistic approach to Article 101 and examining why change was necessary. It then considers how, and the extent to which, reform has occurred, focusing on the treatment of "object" or "hardcore" restraints, which are still treated on a strict and inflexible basis. Indeed, it concludes that the process of modernization may have made it less likely that firms will be willing to incorporate such hardcore restraints in their agreements, even when they consider them to be indispensable to the working of a pro-competitive arrangement.

20 citations

Journal ArticleDOI
TL;DR: In this article, the authors focus on the analytical framework for identifying infringing agreements in the U.S. and EU and consider what factors might shape development of a coherent and optimal framework for antitrust analysis in a jurisdiction.
Abstract: Commentary in both the U.S. and the European Union (EU) has repeatedly debated whether, and when, it is more efficient to use “rules” or “standards” to determine the legality of conduct subject to the antitrust laws and how such rules or standards should be formulated. This article concentrates principally on the question of how this debate impacts on the analytical framework for identifying infringing agreements in the U.S. and EU. It sets out the view that the question of how agreements are to be analyzed under both the U.S. and the EU jurisprudence is unduly opaque. Confusion as to, in particular, the role and scope of per se rules, the role and scope of ancillary restraint doctrines, and how competing anticompetitive and procompetitive effects of mixed agreements are to be balanced against each other have led to excessive complexity in the system. The article considers what factors might shape development of a coherent and optimal framework for antitrust analysis in a jurisdiction. Once these factors ...

18 citations

Journal ArticleDOI
TL;DR: In this paper, Standard-Essential Patents: Frand Commitments, Injunctions and the Smartphone Wars, the authors present a survey of the standard essential patents.
Abstract: (2014). Standard-Essential Patents: Frand Commitments, Injunctions and the Smartphone Wars. European Competition Journal: Vol. 10, No. 1, pp. 1-36.

16 citations


Cited by
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07 May 2009
TL;DR: In this paper, the strengths and weaknesses of the EU Data Protection Directive are reviewed and a number of avenues for improvement are proposed. The ideas presented here provide some ideas on how to improve the data protection regime for European citizens.
Abstract: This report reviews the strengths and weaknesses of the EU Data Protection Directive and proposes avenues for improvement. The ideas presented here provide some ideas on how to improve the data protection regime for European citizens.

92 citations

Book
12 Jun 2006
TL;DR: The European Union Law Textbook as discussed by the authors provides an unrivalled combination of expertise, accessibility, and comprehensive coverage of EU law, including case law, legislation, and academic literature to expose the student to the broadest range of views.
Abstract: As the preferred choice of both teachers and students, this textbook offers an unrivalled combination of expertise, accessibility and comprehensive coverage. The new edition reflects the way the economic crisis has impacted the shape and nature of European Union law. Materials from case law, legislation and academic literature are integrated throughout to expose the student to the broadest range of views. Additional online material on the application of EU law in non member states and on rulings on the Fiscal Compact ensures the material is completely current. The new edition includes a timeline which charts the evolution of the EU project. Written in a way which encourages sophisticated analysis, the book ensures the student's full engagement with sometimes complex material. More importantly, it offers the clarity which is essential to understanding. A required text for all interested in European Union law.

84 citations

Book
01 Jan 2015
TL;DR: The European Union health law and the global context: consumerism, rights, justice and equality: human organs and access to essential medicines, opportunities and threats: health knowledge, communicable diseases, global food and tobacco law.
Abstract: Part I. Introduction: 1. Introduction 2. What is health law? 3. What is European Union health law? Part II. EU Internal Health Law: The Individual Focus: 4. Consumerism: the moving patient 5. Consumerism: the moving health product or service 6. Consumerism: the moving health care professional 7. Rights: health rights as human rights 8. Rights: mobile patients' rights as human rights Part III. EU Internal Health Law: The Systemic Focus: 9. Competition, solidarity, equality: health insurance 10. Competition, solidarity, equality: health institutions and professions 11. Competition, solidarity, equality: the pharmaceuticals, medical devices and medical equipment industries 12. Risk: clinical trials 13. Risk: health system products - pharmaceuticals 14. Risk: health system products - human blood, tissue and cells, organs medical devices 15. Risk: tobacco, food, alcohol Part IV. EU External Health Law: 16. The global context: institutions and instruments 17. The global context: consumerism, rights, justice and equality: human organs and access to essential medicines 18. The global context: opportunities and threats: health knowledge, communicable diseases, global food and tobacco law Part V. Conclusions: 19. Conclusion.

82 citations

Book
24 May 2019
TL;DR: Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law.
Abstract: Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. Protecting Animals Within and Across Borders provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully fledged catalog of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them with a bottom-up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed to animals, and the comparative advantages of applying constitutional, criminal, and administrative animal law across the border. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic, cultural, or any other minorities, the book offers critical interdisciplinary perspectives, informed by studies on posthumanism and postcolonialism. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help us move toward a just global interspecies community.

78 citations

Journal ArticleDOI
TL;DR: This study examined the inter-organizational relationships among key partner agencies in eight state tobacco control programs and found that, despite differences in state and program characteristics, there was a common organizational structure among the eight state programs.

78 citations