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Competition Cartels And Their Regulation
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Book Synopsis Regulating Competition by : Susanna Fellman
Download or read book Regulating Competition written by Susanna Fellman and published by Routledge. This book was released on 2019-12-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cartels, trusts and agreements to reduce competition between firms have existed for centuries, but became particularly prevalent toward the end of the 19th century. In the mid-20th century governments began to use so called 'cartel registers' to monitor and regulate their behaviour. This book provides cases studies from more than a dozen countries to examine the emergence, application and eventual decline of this form of regulation. Beginning with a comparison of the attitudes to regulation that led to monitoring, rather than prohibiting cartels, this book examines the international studies on cartels undertaken by the League of Nations before World War II. This is followed by a series of studies on the context of the registers, including the international context of the European Union, and the importance of lobby groups in shaping regulatory outcomes, using Finland as an example. Section two provides a broad international comparison of several countries' registers, with individual studies on Norway, Australia, Japan, Germany, Sweden and the Netherlands. After examining the impact of registration on business behaviour in the insurance industry, this book concludes with an overview of the lessons to be learnt from 20th century efforts to regulate competition. With a foreword by Harm Schroter, this book outlines the rise and fall of a system that allowed nations to tailor their approach to regulating competition to their individual circumstances whilst also responding to the pressures of globalisation that emerged after the Second World War. This book is suitable for those who are interested in and study economic history, international economics and business history.
Book Synopsis Competition Law and Economic Regulation in Southern Africa by : Imraan Valodia
Download or read book Competition Law and Economic Regulation in Southern Africa written by Imraan Valodia and published by NYU Press. This book was released on 2017-07-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shaping markets through competition and economic regulation is at the heart of addressing the development challenges facing countries in southern Africa. The contributors to Competition Law and Economic Regulation: Addressing Market Power in southern Africa critically assess the efficacy of the competition and economic regulation frameworks, including the impact of a number of the regional competition authorities in a range of sectors throughout southern Africa. Featuring academics as well as practitioners in the field, the book addresses issues common to southern African countries, where markets are small and concentrated, with particularly high barriers to entry, and where the resources to enforce legislation against anti-competitive conduct are limited. What is needed, the contributors argue, is an understanding of competition and regional integration as part of an inclusive growth agenda for Africa. By examining competition and regulation in a single framework, and viewing this within the southern African experience, this volume adds new perspectives to the global competition literature. It is an essential reference tool and will be of great interest to policymakers and regulators, as well as the rapidly growing ecosystem of legal practitioners and economists engaged in the field.
Book Synopsis Regulating Cartels in Europe by : Christopher Harding
Download or read book Regulating Cartels in Europe written by Christopher Harding and published by . This book was released on 2010 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.
Author :Organisation for Economic Co-operation and Development Publisher :Organisation for Economic Co-operation and Development ISBN 13 : Total Pages :72 pages Book Rating :4.F/5 ( download)
Book Synopsis Hard Core Cartels by : Organisation for Economic Co-operation and Development
Download or read book Hard Core Cartels written by Organisation for Economic Co-operation and Development and published by Organisation for Economic Co-operation and Development. This book was released on 2003-05-23 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-cartel measures seek to prevent violations of competition law such as agreements among competitors to fix prices, restrict product supply or submit collusive tenders. This report examines the harm caused by cartels and the progress made to strengthen methods of investigation and sanctions systems to tackle this problem. It also outlines and identifies the challenges that lie ahead.
Book Synopsis Australian Cartel Regulation by : Caron Beaton-Wells
Download or read book Australian Cartel Regulation written by Caron Beaton-Wells and published by Cambridge University Press. This book was released on 2011-04-25 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Book Synopsis Hub-and-Spoke Cartels by : Luke Garrod
Download or read book Hub-and-Spoke Cartels written by Luke Garrod and published by MIT Press. This book was released on 2021-11-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive economic and legal analysis of hub-and-spoke cartels, with detailed case studies. A cartel forms when competitors conspire to limit competition through coordinated actions. Most cartels are composed exclusively of firms that would otherwise be in competition, but in a hub-and-spoke cartel, those competitors (“spokes”) conspire with the assistance of an upstream supplier or a downstream buyer (“hub”). This book provides the first comprehensive economic and legal analysis of hub-and-spoke cartels, explaining their formation and how they operate to create and sustain a collusive environment. Sixteen detailed case studies, including cases brought against toy manufacturer Hasbro and the Apple ebook case, illustrate the economic framework and legal strategies discussed. The authors identify three types of hub-and-spoke cartels: when an upstream firm facilitates downstream firms to coordinate on higher prices; when a downstream intermediary facilitates upstream suppliers to coordinate on higher prices; and when a downstream firm facilitates upstream suppliers to exclude a downstream rival. They devote a chapter to each type, discussing the formation, coordination, enforcement, efficacy, and prosecution of these cartels, and consider general lessons that can be drawn from the case studies. Finally, they present strategies for prosecuting hub-and-spoke collusion. The book is written to be accessible to both economists and lawyers, and is intended for both scholars and practitioners.
Book Synopsis Competition Law of the European Union by : Van Bael & Bellis
Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Book Synopsis Cartels and Anti-Competitive Agreements by : Sandra Marco Colino
Download or read book Cartels and Anti-Competitive Agreements written by Sandra Marco Colino and published by Routledge. This book was released on 2024-10-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together leading articles on the regulation of joint conduct under competition law on both sides of the Atlantic. The articles discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular at
Book Synopsis A Framework for the Design and Implementation of Competition Law and Policy by : R. S. Khemani
Download or read book A Framework for the Design and Implementation of Competition Law and Policy written by R. S. Khemani and published by World Bank Publications. This book was released on 1999 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies. To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions. The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.
Book Synopsis Regulating Competition by : Susanna Fellman
Download or read book Regulating Competition written by Susanna Fellman and published by Routledge. This book was released on 2015-12-22 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cartels, trusts and agreements to reduce competition between firms have existed for centuries, but became particularly prevalent toward the end of the 19th century. In the mid-20th century governments began to use so called ‘cartel registers’ to monitor and regulate their behaviour. This book provides cases studies from more than a dozen countries to examine the emergence, application and eventual decline of this form of regulation. Beginning with a comparison of the attitudes to regulation that led to monitoring, rather than prohibiting cartels, this book examines the international studies on cartels undertaken by the League of Nations before World War II. This is followed by a series of studies on the context of the registers, including the international context of the European Union, and the importance of lobby groups in shaping regulatory outcomes, using Finland as an example. Section two provides a broad international comparison of several countries’ registers, with individual studies on Norway, Australia, Japan, Germany, Sweden and the Netherlands. After examining the impact of registration on business behaviour in the insurance industry, this book concludes with an overview of the lessons to be learnt from 20th century efforts to regulate competition. With a foreword by Harm Schroter, this book outlines the rise and fall of a system that allowed nations to tailor their approach to regulating competition to their individual circumstances whilst also responding to the pressures of globalisation that emerged after the Second World War. This book is suitable for those who are interested in and study economic history, international economics and business history.
Book Synopsis Criminalising Cartels by : Caron Beaton-Wells
Download or read book Criminalising Cartels written by Caron Beaton-Wells and published by Bloomsbury Publishing. This book was released on 2011-02-10 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
Book Synopsis Regulating Cartels in Europe by : Christopher Harding
Download or read book Regulating Cartels in Europe written by Christopher Harding and published by Oxford University Press, USA. This book was released on 2003 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious and high-profile aspects of European Community competition law and policy has been the regulation of what may be described as serious antitrust violations, typically involving large and powerful corporate producers and traders operating across Europe, if not also in awider international context. Such 'hard core' cartels characteristically engage in practices such as price fixing, bid rigging, market sharing and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little doubt now in terms of competition theory andpolicy at both international and national levels about the damaging effect of such trading practices on public and consumer interests, and such cartels have been increasingly strongly condemned in the legal process of regulating and protecting competition. Indeed, a number of legal systems are nowfollowing the American lead in criminalizing such activity. This may therefore be seen as the 'hard end' of the enforcement of competition policy, requiring more confrontational and aggressive methods of regulation, yet also presenting considerable challenges to effective enforcement on account ofthe economic power, sophistication and determination of the typical participants in such cartels.The focus of this study is a critical evaluation of the way in which European-level regulation has evolved to deal with the problem of anti-competitive cartels. It traces the historical development of cartel regulation in Europe, comparing the pragmatic and empirical approach traditional in Europewith the more dogmatic and uncompromising American policy on cartels and asks whether a fully-fledged criminal proceeding (with its attendant level of legal safeguards) is the most appropriate approach to legal regulation .
Book Synopsis Fighting Cross-Border Cartels by : Pierre Horna
Download or read book Fighting Cross-Border Cartels written by Pierre Horna and published by Bloomsbury Publishing. This book was released on 2020-03-19 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.
Book Synopsis The Cambridge Handbook of the Law of the Sharing Economy by : Nestor M. Davidson
Download or read book The Cambridge Handbook of the Law of the Sharing Economy written by Nestor M. Davidson and published by Cambridge University Press. This book was released on 2018-11-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.
Book Synopsis Turkish Competition Law by : Gönenç Gürkaynak
Download or read book Turkish Competition Law written by Gönenç Gürkaynak and published by . This book was released on 2021-11-24 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gönenç Gürkaynak illuminates the entirety of Turkish competition law in the first such treatise of its kind, spanning across the historical roots of legislation, policy, and institutions, to substantive aspects, enforcement, and procedure. All components of the law are individually discussed, with extensive references to essential case law that are further enriched by the author's vast experience in the field. The book provides a comprehensive and in-depth analysis of the competition law regime in Turkey, against the backdrop of the country's international commitments, as well as recent amendments to the law. The book is an essential guide for practitioners and academics alike, and for all interested in the future of Turkish competition law in a globalized economy. For its comparative analysis and insights, it is of value to the entire competition community.
Book Synopsis Horizontal Agreements and Cartels in EU Competition Law by : Frank Wijckmans
Download or read book Horizontal Agreements and Cartels in EU Competition Law written by Frank Wijckmans and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating, dissolving, and punishing cartels is increasingly a top priority for the European Commission and for national competition authorities. This work offers the most up-to-date and comprehensive examination of the substantive law and procedure of EU competition law as it applies to cartels as well as to other horizontal agreements. This unique work supplies the views of both private practitioners and public enforcers. The private practitioners discuss their day-to-day experience and share the insights which they believe their fellow-practitioners should be aware of. The public enforcers act in tandem with the private practitioners and add in their contribution the specific points of attention which they recommend practitioners should take into account. The work sets out the ways in which a cartel is defined and organized, how a cartel may be detected and investigated, the issue of liability for cartels (including parental and successor liability), the various sanctions available to investigating authorities, and the prospects for private enforcement and damages actions brought by victims of cartels. It addresses the procedure before the European Commission and the European Courts. Finally, the book deals with information exchanges (including an economic perspective), joint R&D agreements, specialization agreements and other common types of horizontal agreements like joint purchasing, joint selling and standardization. Containing practical advice for practitioners, overviews of the various stages of cartel enforcement, procedural checklists, analysis of the most recent legislation including the new EU damages directive, and written by authors with extensive experience in advising the Commission's legal service in relation to competition law, this is the most comprehensive text available on cartels in EU competition law.
Book Synopsis How Do Cartels Operate? by : Joseph Emmett Harrington
Download or read book How Do Cartels Operate? written by Joseph Emmett Harrington and published by Now Publishers Inc. This book was released on 2006 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper distills and organizes facts about cartels from about 20 European Commission decisions over 2000-2004. It describes the properties of a collusive outcome in terms of the setting of price and a market allocation, monitoring of agreements with respect to price but more importantly sales, punishment methods for enforcing an agreement and also the use of buy-backs to compensate cartel members, methods for responding to external disruptions from non-cartel suppliers and handling over-zealous sales representatives, and operational procedures in terms of the frequency of meetings and the cartel's organizational structure.
