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Antitrust Settlements
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Book Synopsis Antitrust Settlements by : Giovanna Massarotto
Download or read book Antitrust Settlements written by Giovanna Massarotto and published by . This book was released on 2019-10-17 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure--and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU--the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies' behavior and agencies' practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law--economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today's market challenges.
Book Synopsis Antitrust Settlements by : Giovanna Massarotto
Download or read book Antitrust Settlements written by Giovanna Massarotto and published by Kluwer Law International B.V.. This book was released on 2019-10-17 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure—and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU—the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies’ behavior and agencies’ practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law—economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today’s market challenges.
Book Synopsis Healthcare Antitrust, Settlements, and the Federal Trade Commission by : James Langenfeld
Download or read book Healthcare Antitrust, Settlements, and the Federal Trade Commission written by James Langenfeld and published by Emerald Group Publishing. This book was released on 2018-08-30 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Research in Law and Economics contains articles that address important legal and economic developments in the areas of healthcare, intellectual property and labor settlements, competitive effects, cartel overcharges, and the U.S. Federal Trade Commission (“FTC”).
Book Synopsis Antitrust Settlements and Negotiations by :
Download or read book Antitrust Settlements and Negotiations written by and published by . This book was released on 2006-01-01 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust Law Settlements and Negotiations is an authoritative, insider¿s perspective on best practices for dealing with the most prevalent laws that surround antitrust accusations and lawsuits. Featuring partners and chairs from some of nation¿s leading firms, these experts guide the reader through the intricacies of antitrust litigation, highlighting the best courses for companies to take in civil litigation and government investigations. These top lawyers give tips on mergers and acquisitions, federal regulatory compliance, and key defense strategies. In addition, the authors walk the reader through the significance of The Sherman Act, The Clayton Act, and Federal Trade Commission regulations, outlining key strategies on how to comply with each. Additionally, these leaders reveal their strategies for planning defensively, keeping abreast of change, and finding creative solutions in a variable area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field.
Book Synopsis Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law by : Amalia Athanasiadou
Download or read book Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law written by Amalia Athanasiadou and published by Kluwer Law International B.V.. This book was released on 2018-08-14 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.
Book Synopsis Indirect Purchaser Lawsuits by : Eric McCarthy
Download or read book Indirect Purchaser Lawsuits written by Eric McCarthy and published by American Bar Association. This book was released on 2010 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State Antitrust Enforcement Handbook by :
Download or read book State Antitrust Enforcement Handbook written by and published by American Bar Association. This book was released on 2008 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Annual Review of Antitrust Law Developments by : Paul B. Hewitt
Download or read book Annual Review of Antitrust Law Developments written by Paul B. Hewitt and published by American Bar Association. This book was released on 2006 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among other topics, the 2005 Annual Review discusses: - The Supreme Court's decision in Reeder-Simco, the Court's first R-P case in more than a decade; - The Sixth Circuit's Northwest Airlines decision remanding a predatory pricing case for trial; - Divergent court decisions upholding and condemning reverse payments patent litigation settlements; - FTC adjudicatory opinions addressing consummated mergers and price fixing; - FTC and DOJ appellate victories in joint venture, partial acquisition, and exclusive dealing cases; - Key court of appeals decisions discussing bankruptcy antitrust issues, the Illinois Brick co-conspirator exception, antitrust immunities, predatory overbidding, and class action and other procedural issues; - The court decision in Wal-Mart v. Visa approving the largest antitrust settlement in history; and more.
Book Synopsis Antitrust Law and Economics by : John B. Kirkwood
Download or read book Antitrust Law and Economics written by John B. Kirkwood and published by Elsevier. This book was released on 2004-07 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains ten papers, by many prominent authors, examining antitrust issues of current interest. The first paper summarizes the other papers and presents original research on the meaning of consumer welfare and the sources of buyer power. The next five articles evaluate older antitrust cases to determine whether the decisions reached, the relief ordered, or both, enhanced consumer welfare. The seventh paper describes a new measure of efficiency that gives greater weight to consumer harm and applies it to a recent merger. The next paper explains a new way in which vertical foreclosure can enhance the market power of an upstream supplier. The ninth article refines an innovative technique for identifying substitutes among a set of differentiated products. The tenth paper confronts a contentious policy issue - the treatment of patent settlements in which the patent holder pays the challenger to exit the market - and concludes that they should be per se illegal.
Book Synopsis Private Enforcement of Antitrust Law in the United States by : Albert A. Foer
Download or read book Private Enforcement of Antitrust Law in the United States written by Albert A. Foer and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.
Book Synopsis In Re Folding Carton Antitrust Litigation by :
Download or read book In Re Folding Carton Antitrust Litigation written by and published by . This book was released on 1977 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition Publisher : ISBN 13 : Total Pages :44 pages Book Rating :4.F/5 ( download)
Book Synopsis Antitrust Perspective on the Global Tobacco Settlement by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition
Download or read book Antitrust Perspective on the Global Tobacco Settlement written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition and published by . This book was released on 1998 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly Publisher : ISBN 13 : Total Pages :514 pages Book Rating :4.3/5 (91 download)
Book Synopsis The Antitrust Procedures and Penalties Act by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly
Download or read book The Antitrust Procedures and Penalties Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1973 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Pay-for-Delay: How Drug Company Pay-Offs Cost Consumers Billions by :
Download or read book Pay-for-Delay: How Drug Company Pay-Offs Cost Consumers Billions written by and published by DIANE Publishing. This book was released on 2010 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Healthcare Antitrust, Settlements, and the Federal Trade Commission by : James Langenfeld
Download or read book Healthcare Antitrust, Settlements, and the Federal Trade Commission written by James Langenfeld and published by Emerald Group Publishing. This book was released on 2018-08-30 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Research in Law and Economics contains articles that address important legal and economic developments in the areas of healthcare, intellectual property and labor settlements, competitive effects, cartel overcharges, and the U.S. Federal Trade Commission (“FTC”).
Book Synopsis European Competition Law Annual 2008 by : Claus-Dieter Ehlermann
Download or read book European Competition Law Annual 2008 written by Claus-Dieter Ehlermann and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 781 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the thirteenth in a series on EU Competition Law and Policy produced under the auspices of the Robert Schuman Centre of the European University Institute in Florence. The volume contains the written contributions of numerous competition policy experts, together with the transcripts of a roundtable debate which examined the subject of "settlements" between enforcers of competition law and defendant companies in cartel cases and in other types of antitrust cases. The Workshop participants included: -- senior judges from major jurisdictions (the European Union, Germany and the United States); -- senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and the US Federal Trade Commission; and -- renowned international international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues pertaining to two broad lines of discussion: 1) settlements and plea agreements in cartel cases, including their links with leniency programs and with private enforcement; and 2) settlements in "commitment" cases decided under Article 9 of Regulation 1/2003 and under comparable procedures of national law.
Book Synopsis The Microsoft Antitrust Cases by : Andrew I. Gavil
Download or read book The Microsoft Antitrust Cases written by Andrew I. Gavil and published by MIT Press. This book was released on 2014-11-21 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.
