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Antitrust Policy And Competition
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Book Synopsis Competition and Antitrust Law: a Very Short Introduction by : Ariel Ezrachi
Download or read book Competition and Antitrust Law: a Very Short Introduction written by Ariel Ezrachi and published by Oxford University Press. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the promise and limitations of competitive market dynamics, looking at the threats to competition - cartels, agreements, monopolies, and mergers - and the laws in place across the US and European Union to safeguard the process of competition.
Book Synopsis Federal Antitrust Policy by : Herbert Hovenkamp
Download or read book Federal Antitrust Policy written by Herbert Hovenkamp and published by West Publishing Company. This book was released on 1999 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published 1994.
Book Synopsis Competition Law of Canada by : Calvin S. Goldman
Download or read book Competition Law of Canada written by Calvin S. Goldman and published by Juris Publishing, Inc.. This book was released on 2013-12-01 with total page 1264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading members of the Competition Practice Groups of Davies Ward Phillps & Vineberg LLP and Blake Cassels & Graydon LLP, Competition Law of Canada is the definitive work on the subject and is recognized by the Canadian legal Expert Directory 2002 as most frequently cited as the leading loose leaf service on Canadian competiton law. Organized in a logical, easily accessible format, this work provides comprehensive analysis, historical perspective and practical examination of Canadian competition law. All the major areas of competition law are examined in individual detailed chapters.
Book Synopsis Innovation Matters by : Richard J. Gilbert
Download or read book Innovation Matters written by Richard J. Gilbert and published by MIT Press. This book was released on 2020-07-14 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and available evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters.
Book Synopsis The Antitrust Paradox by : Robert Bork
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Book Synopsis Economics in Antitrust Policy by : Mark Steiner
Download or read book Economics in Antitrust Policy written by Mark Steiner and published by Universal-Publishers. This book was released on 2007 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of antitrust, the freedoms to contract and compete can and do contradict. Profit-maximizing companies desire perfectly competitive input markets to minimize their costs, but want monopolistic markets for their outputs to maximize their profits. Consequently, they have strong incentives to undermine competition in their output markets. In a world without antitrust laws, many companies would thus eliminate competition by using their freedom to contract, either by entering into legally enforceable agreements which fix prices or divide up markets, or by merging and acquiring rivals to gain market control. Therefore, guaranteeing and safeguarding companies' abilities to compete comes at the cost of restricting their freedoms to contract. The states role in this task is a delicate one though: government intervention itself necessarily limits the economic freedom of individuals and firms, and limiting the freedom of contract has potentially detrimental effects on economic activity as well. Hence, antitrust policy must find the right balance between the two freedoms of competition and contract, allowing competition to flourish while upholding the contractual freedoms necessary for a functioning market. The policies in the U.S. and Europe used to protect competition with per se rules, setting clear boundaries for the freedom to contract where it interfered with the freedom to compete. Over the past decades, improvements in economic analysis provided measurable dimensions for 'competition' through measures like efficiency and welfare. With these new and complex economic tools, the aim of an antitrust policy moved away from an 'indirect' mechanism which provided and enforced a strict framework of negative per se rules within which the competitive process was allowed to happen. The current policies directly aim at promoting welfare by attempting to 'balance' the welfare effects of individual business practices, permitting contracts or mergers with benign effects and prohibiting contracts with detrimental effects on welfare in potentially every case. These economic insights have promoted a better understanding of the competitive process and contributed to improved antitrust rules. However, in the actual enforcement of antitrust laws, recent developments caused by the influence of economic analysis have had a detrimental impact on antitrust policy in both the U.S. and the EU. First, it increased the discretion of competition authorities, lowering legal certainty for companies and increasing the potential for wrong decisions. Second, it gave companies incentives to waste resources on rent seeking activities by using economic analyses to demonstrate efficiencies in complicated and timely investigations and litigation. And third, the predominant use of economic analysis has massively increased the costs of enforcement. This thesis is the first one to depict these negative effects caused by recent developments and shows that a policy with clear limitations through proposed per se rules would be superior for it would eliminate the illustrated negative effects.
Book Synopsis The Antitrust Paradigm by : Jonathan B. Baker
Download or read book The Antitrust Paradigm written by Jonathan B. Baker and published by Harvard University Press. This book was released on 2019-05-06 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
Download or read book Antitrust Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2003-03-27 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface p. xi 1 Economics p. 1 I. Definitions p. 1 II. Perfect Competition Versus Monopoly p. 9 III. Further Topics p. 21 2 Law and Policy p. 27 I. Some Interpretation Issues p. 28 II. Enacting the Antitrust Law p. 30 III. What Should Antitrust Law Aim to Do? p. 40 3 Enforcement p. 43 I. Optimal Enforcement Theory p. 43 II. Enforcement Provision of the Antitrust Laws p. 47 Appendix p. 64 4 Cartels p. 68 I. Cartels p. 68 II. Conscious Parallelism p. 73 III. Conclusion p. 89 5 Development of Section 1 Doctrine p. 90 I. The Sherman Act Versus the Common Law p. 90 II. Rule of Reason and Per-Se Rule p. 104 III. Conclusion p. 112 6 Rule of Reason and Per-Se Rule p. 113 I. The Case for Price Fixing p. 113 II. Per-Se and Rule of Reason Analysis: Further Developments p. 116 III. Per-Se Versus Rule of Reason Tests: Understanding the Supreme Court's Justification for the Per-Se Rule p. 129 7 Agreement p. 132 I. The Development of Inference Doctrine p. 133 II. Rejection of Unilateral Contract Theory p. 140 8 Facilitating Mechanisms p. 144 I. Data Dissemination Cases p. 145 II. Basing Point Pricing and Related Practices p. 154 III. Basing Point Pricing: Economics p. 160 9 Boycotts p. 166 I. Pre-Socony p. 166 II. Post-Socony p. 170 III. Post-BMI/Sylvania p. 181 IV. Conclusion p. 184 10 Monopolization p. 186 I. Development of Section 2 Doctrine p. 186 II. Leveraging and Essential Facility Cases p. 202 III. Predatory Pricing p. 212 IV. Conclusion p. 228 11 Power p. 230 I. Measuring Market Power p. 230 II. Determinants of Market Power p. 235 III. Substitutability and the Relevant Market: Cellophane p. 237 IV. Multimarket Monopoly and the Relevant Market: Alcoa p. 239 V. Measuring Power: Guidelines p. 243 12 Attempts p. 244 I. The Swift Formula and Modern Doctrine p. 244 II. Dangerous Probability Requirement p. 248 13 Vertical Restraints p. 252 I. Resale Price Maintenance p. 252 II. Vertical Nonprice Restraints p. 262 III. Manufacturer Retains Title p. 267 IV. Agreement p. 270 14 Tying and Exclusive Dealing p. 279 I. Introduction p. 279 II. Early Cases p. 284 III. Development of Per-Se Rule p. 286 IV. Tension Between Rule of Reason Arguments and Per-Se Rule p. 295 V. Technological Tying p. 301 VI. Exclusive Dealing p. 303 Appendix p. 307 15 Horizontal Mergers p. 311 I. Reasons for Merging and Implications for Law p. 311 II. Horizontal Merger Law p. 317 III. Conclusion p. 330 Appendix p. 330 16 Mergers, Vertical and Conglomerate p. 333 I. Vertical Mergers p. 333 II. Conglomerate Mergers p. 344 III. Concluding Remarks p. 351 17 Antitrust and the State p. 352 I. Noerr-Pennington Doctrine p. 354 II. Parker Doctrine p. 371 III. Some Final Comments: Error Costs and Immunity Doctrines p. 375 Index p. 379.
Book Synopsis Competition Law and Antitrust by : David J. Gerber
Download or read book Competition Law and Antitrust written by David J. Gerber and published by Oxford University Press. This book was released on 2020-08-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition, or Antitrust, law is now a global phenomenon. It operates in more than 100 countries and the relationships among competition law systems are often complex and opaque. Competition law is also new to many countries, which creates uncertainty about how decisions will be made in these jurisdictions. This makes it critically important to understand both the similarities and differences among the systems and the relationships between them. A succinct introduction, this title breaks down the complicated and foreboding topic of competition law. Divided into four parts, this book covers the elements of competition laws, its decisions, targets, and globalization and the future of competition law. It also provides global context by looking at competition law in the US, Europe, and growing markets like Asia and Latin America. This title covers the most pressing issues of competition law in an informative and concise way. Drawing on his lifetime of global experience and research, David J. Gerber's Competition Law and Antitrust is an essential tool for anyone interested in competition or antitrust law.
Book Synopsis Competition Laws Outside the United States by : H. Stephen Harris
Download or read book Competition Laws Outside the United States written by H. Stephen Harris and published by American Bar Association. This book was released on 2001 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Standardization under EU Competition Rules and US Antitrust Laws by : Björn Lundqvist
Download or read book Standardization under EU Competition Rules and US Antitrust Laws written by Björn Lundqvist and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus
Book Synopsis The Atlantic Divide in Antitrust by : Daniel J. Gifford
Download or read book The Atlantic Divide in Antitrust written by Daniel J. Gifford and published by University of Chicago Press. This book was released on 2015-02-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States and the European Union operate the world’s two most powerful systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language. Yet the two regimes sometimes reach very different results on significant antitrust issues. In The Atlantic Divide in Antitrust, Daniel Gifford and Robert Kudrle show that a combination of differences in social values, political institutions, and legal precedent inhibit close convergence. The book explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, intellectual property, and Schumpeterian competition. The authors explore how the prevailing antitrust analyses differ in the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these several areas relate to each other. Several themes run through the substantive areas treated in the book: pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. The notorious Microsoft case offers a useful lens to examine copyright, patents, and trade secrets, and the authors take the opportunity to contemplate competition policy in dynamic, innovative industries more broadly. For the EU, competition policy has also functioned as a mechanism to bond national markets together in the EU structure; the USA, federal from the beginning, did not require this instrumental aspect in its antitrust doctrines. The Atlantic Divide concludes with forecasts and suggestions about how greater compatibility, if not convergence, might ultimately be attained.
Book Synopsis Global Competition Policy by : Edward Montgomery Graham
Download or read book Global Competition Policy written by Edward Montgomery Graham and published by Peterson Institute. This book was released on 1997 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing consensus among international trade negotiators and policymakers that a prime area for future multilateral discussion is competition policy. Competition policy includes antitrust policy (including merger regulation and control) but is often extended to include international trade measures and other policies that affect the structure, conduct, and performance of individual industries. This study includes country studies of competition policy in Western Europe, North America, and the Far East (with a focus on Japan) in the light of increasingly globalized activities of business firms. Areas where there are major differences in philosophy, policy, or practice are identified, with emphasis on those differences that could lead to economic costs and international friction. Alternatives for eliminating these costs and frictions are discussed, including unilateral policy changes, bilateral or multilateral harmonization of policies, and creation of new international regimes to supplement or replace national or regional regimes.
Book Synopsis Antitrust and the Bounds of Power by : Giuliano Amato
Download or read book Antitrust and the Bounds of Power written by Giuliano Amato and published by Hart Publishing. This book was released on 1997-10-19 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines dilemmas surrounding antitrust law and public and private power and the ways in which these problems have been addressed by legislatures and courts in the US and in Europe. Offers sometimes controversial observations on the history and doctrines of antitrust law, and conclusions as to how successfully the dilemma is being managed by the economies of the US and Europe. Amato is head of the Italian Antitrust Authority, a professor of law at the European University Institute in Florence, Italy, and a former Prime Minister of Italy. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Competition and Antitrust Law by : Brian A. Facey
Download or read book Competition and Antitrust Law written by Brian A. Facey and published by . This book was released on 2014 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: These recognized leaders in competition and antitrust law offer an in-depth comparison of Canadian and U.S. competition laws, from their origins in the nineteenth century to the most recent cases involving mergers, pricing practices, cartels, advertising and abuse of dominance, with a special chapter on antitrust economics, which makes economics accessible to lawyers."--Pub. desc.
Book Synopsis Populism and Antitrust by : Maciej Bernatt
Download or read book Populism and Antitrust written by Maciej Bernatt and published by Cambridge University Press. This book was released on 2022-02-24 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law is designed to promote a consumer-friendly economy, but for the law to work in practice, competition agencies - and the courts who oversee them - must enforce it effectively and impartially. Today, however, the rule of populist governments is challenging the foundations of competition law in unprecedented ways. In this comprehensive work, Maciej Bernatt analyses these challenges and describes how populist governments have influenced national and regional (EU) competition law systems. Using empirical findings from Poland and Hungary, Bernatt proposes a new theoretical framework that will allow the illiberal influence of populism on competition law systems to be better measured and understood. Populism and Antitrust will be of interest not only to antitrust and constitutional law scholars, but also to those concerned about the future of liberal democracy and free markets.
Book Synopsis Competition Policy by : Massimo Motta
Download or read book Competition Policy written by Massimo Motta and published by Cambridge University Press. This book was released on 2004-01-12 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to provide a systematic treatment of the economics of antitrust (or competition policy) in a global context. It draws on the literature of industrial organisation and on original analyses to deal with such important issues as cartels, joint-ventures, mergers, vertical contracts, predatory pricing, exclusionary practices, and price discrimination, and to formulate policy implications on these issues. The interaction between theory and practice is one of the main features of the book, which contains frequent references to competition policy cases and a few fully developed case studies. The treatment is written to appeal to practitioners and students, to lawyers and economists. It is not only a textbook in economics for first year graduate or advanced undergraduate courses, but also a book for all those who wish to understand competition issues in a clear and rigorous way. Exercises and some solved problems are provided.
