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Contemporary Trends in International Law in Relation to the Protection of Individuals from Multinationals’ Malpractice: Greek Competition Law After the Implementation of EU Directive 2014/104

  • Sotirios S. Livas
Chapter

Abstract

Our discussion of the topic of the protection of individuals from big companies’ and multinationals’ malpractice, according both to the European and the Greek Competition Law, moves along two separate axes: one having to do with a presentation of the current situation prevailing in the field of the Greek Competition Law, i.e. the situation prior to the implementation of the EU Directive 2014/104 and the other related to a forecast of the possible consequences of this implementation. For this second part, we make the choice to refer ourselves to the US Alien Tort Claims Act (ATCA) and the possibility of the formation of a framework of international law rules protecting human rights from the breaches and trespasses of big companies. We conclude that when Competition Law rules fulfil their inherent goal, that is welfare of the society as a whole, they have the potential to operate as a tool of enhancing civil society vis-à-vis big companies and multinationals, thus moving in parallel with international law’s endeavour to create an area of protection of human rights from their malpractice.

References

  1. Alston P (2005) Labour rights as human rights. Oxford University Press, OxfordCrossRefGoogle Scholar
  2. Aubert C (2003) Competition Policy for countries with different development levels. Paper presented at the CEPR Competition Policy in International Markets Workshop, October 17–18 2003. www.cepr.org/meets/wkcn/6/6613/papers/Aubert.pdf Accessed 10 Apr 2018
  3. Bishop S, Walker M (1999) Economics of EC competition law: concepts, application and measurement. Sweet & Maxwell, LondonGoogle Scholar
  4. Compa L, Diamond S (eds) (1996) Human rights, labour rights and international trade. University of Pennsylvania Press, PhiladelphiaGoogle Scholar
  5. Cseres K (2005) Competition law and consumer protection. Kluwer Law International, The HagueGoogle Scholar
  6. Dabbah M (2003) The internationalisation of antitrust policy. Cambridge University Press, CambridgeCrossRefGoogle Scholar
  7. Frenz W (2016) Handbook of EU competition law. Springer, LondonCrossRefGoogle Scholar
  8. Hutchens LK (2008) International law in the American Courts – Khulumani vs Barklay National Bank: the decision heard “round the corporate world”. German Law J 9:639–681Google Scholar
  9. Kaplow L (2012) On the choice of welfare standards in competition law. In: Zimmer D (ed) The goals of competition law. ASCOLA competition law series. Edward Elgar, Cheltenham, pp 3–27Google Scholar
  10. Lorenz M (2013) An introduction to EU competition law. Cambridge University Press, CambridgeCrossRefGoogle Scholar
  11. Loukas D, Nteka L (2010) The Memorandum of Understanding on Specific Economic and Competition Policy Conditionality for Granting Financial Assistance: Greek point of view. e-Competitions 37517. http://www.concurrences.com/fr/bulletin/news-issues/may-2010/The-Memorandum-of-Understanding-on. Accessed 17 Apr 2018
  12. Motta M (2004) Competition policy, theory and practice. Cambridge University Press, CambridgeCrossRefGoogle Scholar
  13. Nihoul P (2012) Do words matter? A discussion on words used to designate values associated with competition law. In: Zimmer D (ed) The goals of competition law. ASCOLA competition law series. Edward Elgar, Cheltenham, pp 219–249Google Scholar
  14. Papadopoulos A (2010) The international dimension of EU competition law and politics. Cambridge University Press, CambridgeCrossRefGoogle Scholar
  15. Robertson G (2012) Crimes against humanity – the struggle for global justice. Penguin, LondonGoogle Scholar
  16. Truli Ε (2009) Competition in the telecommunications sector: delineation of competences between the NCA and the NRA – the example of Greece. J E-Commer Technol Commun 8:188–196Google Scholar
  17. Truli E (2012) New Greek law on the protection of free competition: key changes and first impressions. Eur Competition Law Rev 6:280–285Google Scholar
  18. Tzouganatos D (2005) The Objective of Upgrading the Competition Commission and the Failure of Law 3373/2005 Amending Law 703/77. Deltio Epichiriseon kai Etairion 1034–1048Google Scholar
  19. Whish R (2003) Competition law, 5th edn. Lexis Nexis, LondonGoogle Scholar

Copyright information

© Springer Nature Switzerland AG 2018

Authors and Affiliations

  • Sotirios S. Livas
    • 1
  1. 1.Department of Foreign Languages, Translation and InterpretingIonian UniversityCorfuGreece

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