The Antitrust Paradox

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Publisher :
ISBN 13 : 9781736089712
Total Pages : 536 pages
Book Rating : 4.0/5 (897 download)

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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.

Economics in Antitrust Policy

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Publisher : Universal-Publishers
ISBN 13 : 1581123701
Total Pages : 200 pages
Book Rating : 4.5/5 (811 download)

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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.

Antitrust Law

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Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Antitrust Law by : Richard A. Posner

Download or read book Antitrust Law written by Richard A. Posner and published by . This book was released on 1976 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A creative, informative, and highly readable narrative... The book consists of four sections dealing in turn with (1) the law and economics of antitrust policy; (2) the problem of collusion; (3) the question of exclusionary practices; and (4) the difficulties of enforcement... This is a provocative work that judiciously raises pertinent questions about our antitrust policy.'-Robert J. Steamer, Perspective

The Causes and Consequences of Antitrust

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Publisher : University of Chicago Press
ISBN 13 : 9780226556352
Total Pages : 426 pages
Book Rating : 4.5/5 (563 download)

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Book Synopsis The Causes and Consequences of Antitrust by : Fred S. McChesney

Download or read book The Causes and Consequences of Antitrust written by Fred S. McChesney and published by University of Chicago Press. This book was released on 1995-03-15 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has antitrust legislation not lived up to its promise of promoting free-market competition and protecting consumers? Assessing 100 years of antitrust policy in the United States, this book shows that while the antitrust laws claim to serve the public good, they are as vulnerable to the influence of special interest groups as are agricultural, welfare, or health care policies. Presenting classic studies and new empirical research, the authors explain how antitrust caters to self-serving business interests at the expense of the consumer. The contributors are Peter Asch, George Bittlingmayer, Donald J. Boudreaux, Malcolm B. Coate, Louis De Alessi, Thomas J. DiLorenzo, B. Epsen Eckbo, Robert B. Ekelund, Jr., Roger L. Faith, Richard S. Higgins, William E. Kovacic, Donald R. Leavens, William F. Long, Fred S. McChesney, Mike McDonald, Stephen Parker, Richard A. Posner, Paul H. Rubin, Richard Schramm, Joseph J. Seneca, William F. Shughart II, Jon Silverman, George J. Stigler, Robert D. Tollison, Charlie M. Weir, Peggy Wier, and Bruce Yandle.

Environmental and Energy Policy and the Economy

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Publisher : University of Chicago Press
ISBN 13 : 0226821749
Total Pages : 275 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis Environmental and Energy Policy and the Economy by : Matthew J. Kotchen

Download or read book Environmental and Energy Policy and the Economy written by Matthew J. Kotchen and published by University of Chicago Press. This book was released on 2022-01-24 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents six new papers on environmental and energy economics and policy in the United States. Rebecca Davis, J. Scott Holladay, and Charles Sims analyze recent trends in and forecasts of coal-fired power plant retirements with and without new climate policy. Severin Borenstein and James Bushnell examine the efficiency of pricing for electricity, natural gas, and gasoline. James Archsmith, Erich Muehlegger, and David Rapson provide a prospective analysis of future pathways for electric vehicle adoption. Kenneth Gillingham considers the consequences of such pathways for the design of fuel vehicle economy standards. Frank Wolak investigates the long-term resource adequacy in wholesale electricity markets with significant intermittent renewables. Finally, Barbara Annicchiarico, Stefano Carattini, Carolyn Fischer, and Garth Heutel review the state of research on the interactions between business cycles and environmental policy.

The Antitrust Paradigm

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Publisher : Harvard University Press
ISBN 13 : 0674975782
Total Pages : 369 pages
Book Rating : 4.6/5 (749 download)

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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.

Economics of Regulation and Antitrust

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Publisher : MIT Press
ISBN 13 : 026222075X
Total Pages : 955 pages
Book Rating : 4.2/5 (622 download)

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Book Synopsis Economics of Regulation and Antitrust by : W. Kip Viscusi

Download or read book Economics of Regulation and Antitrust written by W. Kip Viscusi and published by MIT Press. This book was released on 2005-08-19 with total page 955 pages. Available in PDF, EPUB and Kindle. Book excerpt: A substantially revised and updated new edition of the leading text on business and government, with new material reflecting recent theoretical and methodological advances; includes further coverage of the Microsoft antitrust case, the deregulation of telecommunications and electric power, and new environmental regulations. This new edition of the leading text on business and government focuses on the insights economic reasoning can provide in analyzing regulatory and antitrust issues. Departing from the traditional emphasis on institutions, Economics of Regulation and Antitrust asks how economic theory and empirical analyses can illuminate the character of market operation and the role for government action and brings new developments in theory and empirical methodology to bear on these questions. The fourth edition has been substantially revised and updated throughout, with new material added and extended discussion of many topics. Part I, on antitrust, has been given a major revision to reflect advances in economic theory and recent antitrust cases, including the case against Microsoft and the Supreme Court's Kodak decision. Part II, on economic regulation, updates its treatment of the restructuring and deregulation of the telecommunications and electric power industries, and includes an analysis of what went wrong in the California energy market in 2000 and 2001. Part III, on social regulation, now includes increased discussion of risk-risk analysis and extensive changes to its discussion of environmental regulation. The many case studies included provide students not only pertinent insights for today but also the economic tools to analyze the implications of regulations and antitrust policies in the future.The book is suitable for use in a wide range of courses in business, law, and public policy, for undergraduates as well at the graduate level. The structure of the book allows instructors to combine the chapters in various ways according to their needs. Presentation of more advanced material is self-contained. Each chapter concludes with questions and problems.

Antitrust and the Triumph of Economics

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Publisher : UNC Press Books
ISBN 13 : 9780807819555
Total Pages : 334 pages
Book Rating : 4.8/5 (195 download)

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Book Synopsis Antitrust and the Triumph of Economics by : Marc Allen Eisner

Download or read book Antitrust and the Triumph of Economics written by Marc Allen Eisner and published by UNC Press Books. This book was released on 1991 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eisner contends that Reagan's economic agenda, reinforced by limited prosecution of antitrust offenses, was an extension of well established trends. During the 1960s and 1970s, critical shifts in economic theory within the academic community were transmitted to the Antitrust Division and the FTC--shifts that were conservative and gave Reagan a background against which to operate. Annotation(c) 2003 Book News, Inc., Portland, OR (booknews.com)

The Antitrust Enterprise

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Publisher : Harvard University Press
ISBN 13 : 9780674038820
Total Pages : 392 pages
Book Rating : 4.0/5 (388 download)

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Book Synopsis The Antitrust Enterprise by : Herbert HOVENKAMP

Download or read book The Antitrust Enterprise written by Herbert HOVENKAMP and published by Harvard University Press. This book was released on 2009-06-30 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.

The Goals of Competition Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857936611
Total Pages : 529 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Goals of Competition Law by : Daniel Zimmer

Download or read book The Goals of Competition Law written by Daniel Zimmer and published by Edward Elgar Publishing. This book was released on 2012 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare. The book brings together contributions on the relevance of different welfare standards, on the concept of 'freedom to compete' and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as mar.

The Microsoft Case

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Publisher : University of Chicago Press
ISBN 13 : 0226644650
Total Pages : 363 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis The Microsoft Case by : William H. Page

Download or read book The Microsoft Case written by William H. Page and published by University of Chicago Press. This book was released on 2009-10-15 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age. “This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University

Global Competition Policy

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Publisher : Peterson Institute
ISBN 13 : 9780881321661
Total Pages : 620 pages
Book Rating : 4.3/5 (216 download)

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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.

Dynamic Competition and Public Policy

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Publisher : Cambridge University Press
ISBN 13 : 9780521782500
Total Pages : 298 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Dynamic Competition and Public Policy by : Jerome Ellig

Download or read book Dynamic Competition and Public Policy written by Jerome Ellig and published by Cambridge University Press. This book was released on 2001-04-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars explore antitrust issues as these relate to dynamic industry competition and public policy.

Antitrust Basics

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Publisher : Law Journal Seminars Press
ISBN 13 : 9781588520326
Total Pages : 1200 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Antitrust Basics by : Thomas V. Vakerics

Download or read book Antitrust Basics written by Thomas V. Vakerics and published by Law Journal Seminars Press. This book was released on 2017-12-28 with total page 1200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book anticipates virtually every antitrust issue you can expect to face, including: horizontal and vertical restraints; joint ventures; private treble damage actions; price fixing; and more.

Predatory Pricing in Antitrust Law and Economics

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Publisher : Economics of Legal Relationshi
ISBN 13 : 9780415822527
Total Pages : 0 pages
Book Rating : 4.8/5 (225 download)

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Book Synopsis Predatory Pricing in Antitrust Law and Economics by : Nicola Giocoli

Download or read book Predatory Pricing in Antitrust Law and Economics written by Nicola Giocoli and published by Economics of Legal Relationshi. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new volume will examine the law and economics of predatory pricing, which is one of the most serious, and most debatable, antitrust violations. The analysis will cover both US and European antitrust law, assessing it through the viewpoint and method of the history of economic thought.

Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law

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Author :
Publisher : Springer
ISBN 13 : 9783662521274
Total Pages : 0 pages
Book Rating : 4.5/5 (212 download)

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Book Synopsis Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law by : Richard S. Markovits

Download or read book Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law written by Richard S. Markovits and published by Springer. This book was released on 2016-08-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume (1) defines the specific-anticompetitive-intent, lessening-competition, distorting-competition, and exploitative-abuse tests of illegality promulgated by U.S. and/or E.U. antitrust law, (2) compares the efficiency defenses promulgated by U.S. and E.U. antitrust law, (3) compares the conduct-coverage of the various U.S. and E.U. antitrust laws, (4) defines price competition and quality-or-variety-increasing-investment (QV-investment) competition and explains why they should be analyzed separately, (5) defines the components of individualized-pricing and across-the-board-pricing sellers’ price minus marginal cost gaps and analyses each’s determinants, (6) defines the determinants of the intensity of QV-investment competition and explains how they determine that intensity, (7) demonstrates that definitions of both classical and antitrust markets are inevitably arbitrary, not just at their periphery but comprehensively, (8) criticizes the various protocols for market definition recommended/used by scholars, the U.S. antitrust agencies, the European Commission, and U.S. and E.U. courts, (9) explains that a firm’s economic (market) power or dominance depends on its power over both price and QV investment and demonstrates that, even if markets could be defined non-arbitrarily, a firm’s economic power could not be predicted from its market share, (10) articulates a definition of “oligopolistic conduct” that some economists have implicitly used–conduct whose perpetrator-perceived ex ante profitability depended critically on the perpetrator’s belief that its rivals’ responses would be affected by their belief that it could react to their responses, distinguishes two types of such conduct–contrived and natural–by whether it entails anticompetitive threats and/or offers, explains why this distinction is critical under U.S. but not E.U. antitrust law, analyzes the profitability of each kind of oligopolistic conduct, examines these analyses’ implications for each’s antitrust legality, and criticizes related U.S. and E.U. case-law and doctrine and scholarly positions (e.g., on the evidence that establishes the illegal oligopolistic character of pricing), and (11) executes parallel analyses of predatory conduct--e.g., criticizes various arguments for the inevitable unprofitability of predatory pricing, the various tests that economists/U.S. courts advocate using/use to determine whether pricing is predatory, and two analyses by economists of the conditions under which QV investment and systems rivalry are predatory and examines the conditions under which production-process research, plant-modernization, and long-term full-requirements contracts are predatory.

Competition and Antitrust Law

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Publisher :
ISBN 13 : 9780433472681
Total Pages : 590 pages
Book Rating : 4.4/5 (726 download)

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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.