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Author : Michał Du Vall
Publisher :
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4.3/5 (91 download)
Download or read book Current Problems of Laws Protecting Competition written by Michał Du Vall and published by . This book was released on 1994 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Katalin Judit Cseres
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123806
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)
Download or read book Competition Law and Consumer Protection written by Katalin Judit Cseres and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
Author : Katalin Judit Cseres
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123806
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)
Download or read book Competition Law and Consumer Protection written by Katalin Judit Cseres and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
Author : Pranvera Këllezi
Publisher : Springer
ISBN 13 : 3030175502
Total Pages : 573 pages
Book Rating : 4.0/5 (31 download)
Download or read book Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution written by Pranvera Këllezi and published by Springer. This book was released on 2019-07-05 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject. The second part examines whether intellectual property rights are sufficiently protected to ensure a fair return on investments made by manufacturers and distributors. This question comes at a time where distribution is facing deep and radical changes with the Internet. To what extent this is an opportunity or a threat to the sustainability of distribution systems of differentiated and IP protected goods is the question. This book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Author : Abel Moreira Mateus
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807035
Total Pages : 457 pages
Book Rating : 4.8/5 (498 download)
Download or read book Competition Law and Economics written by Abel Moreira Mateus and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.
Author : David Bosco
Publisher : Edward Elgar Publishing
ISBN 13 : 1839109076
Total Pages : 288 pages
Book Rating : 4.8/5 (391 download)
Download or read book Challenges to Assumptions in Competition Law written by David Bosco and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues.
Author : Abel Moreira Mateus
Publisher :
ISBN 13 : 9789041126320
Total Pages : 379 pages
Book Rating : 4.1/5 (263 download)
Download or read book Competition Law and Economics written by Abel Moreira Mateus and published by . This book was released on 2007 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone recognizes that competition is the process by which companies are induced to offer consumers the lowest prices and introduce innovations to earn higher profits. Antitrust enforcement should focus on real competition problems, on behaviour that has actual or likely restrictive effects on the market, and which harms consumers; it should be aimed at protecting competition and not competitors. A real revolution in the application of European competition law took place with the modernization package implemented in the last few years, involving the now-decentralized application of Articles 81 and 82 EC, new merger regulations, and the ongoing review of guidelines for the prosecution of abuses of a dominant position. This book presents the proceedings of the First Lisbon Competition Law and Economics Conference under the auspices of the Portuguese Competition Authority. It was a ground-breaking event in which leading European judges and competition enforcers, as well as some of the leading world economists and law professors on competition issues, took a critical look at the instruments of competition policy conceived to implement EC Regulation 1/2003, with a broader focus on modernization in the EU and in the USA. In wide-ranging discussions they evaluated theories of harm to competition for the most frequently-occurring types of abusive behaviour, and developed guidelines for a competition policy that offers both an economically sound framework and a workable and operational tool for making rules that can be enforced effectively and with a reasonable degree of predictability. Among the many issues arising in the proceedings recorded in this book are the following: special powers of investigation; leniency programs and individual sanctions; the problem of "forum shopping" in the present merger regulation system; the impact of regulations and competition on economic growth; competition and regulatory costs; judicial review of the European Commission merger decisions; consumer welfare effects of mergers; who should apply competition law to utilities; and the link between competition and innovation and the development of a country. The book will be of immeasurable value to judges, academics, and economic and law practitioners active in competition policy and enforcement, as well as to officials of European national competition authorities. Equally interested will be students of law and economics concerned with competition issues, and non-governmental organizations dealing with consumer protection and private enforcement of competition law. By giving ample evidence of the impact of competition and efficient regulation on economic growth, this far-reaching book will help elucidate the main current topics in need of further reform and underline the importance of competition policy in modern market economies.
Author : Robert Bork
Publisher :
ISBN 13 : 9781736089712
Total Pages : 536 pages
Book Rating : 4.0/5 (897 download)
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.
Author : Thomas J. Holmes
Publisher : DIANE Publishing
ISBN 13 : 1437934897
Total Pages : 41 pages
Book Rating : 4.4/5 (379 download)
Download or read book Competition and Productivity written by Thomas J. Holmes and published by DIANE Publishing. This book was released on 2010 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does competition spur productivity? And if so, how? These have long been regarded as central questions in economics. The extent of competition can be influenced by policy decisions, so understanding how competition impacts productivity and, in turn, living standards is of more than academic importance. To fully answer these questions of whether, and how, an increase in competition impacts productivity, two issues must be addressed. First, the authors define what we mean by an ¿increase in competition.¿ Second, they attempt to understand the mechanisms through which competition impacts productivity. Both issues present substantial challenges, which the authors address. Illustrations. This is a print-on-demand publication; it is not an original.
Author : Susan Beth Farmer
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Chapter 9 - Global Competition Implications for Enforcement written by Susan Beth Farmer and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper proceeds from the perspective that the engines of vigorous competition promote development and provide economic and social benefits to consumers and firms and, if markets are subverted by private cartels, law enforcement is necessary to protect consumer welfare. For consumers and corporations alike, much modern trade is conducted with little regard for national borders. The ease of communication, commerce and travel that facilitates international business, however, also increases the risk that anticompetitive behavior will cause harm to consumers and competition in more than one jurisdiction. Thus, modern competition lawyers must counsel their clients in an environment where business is conducted across borders and restraints of trade cause harm internationally and national competition laws can be enforced extraterritorially. Whilst purely domestic commercial activity is plausible, its effect on the global market is arguably virtually de minimis. Since commercial activity in one jurisdiction likely affects other states, legal actors and systems must communicate effectively with each other when adopting and enforcing laws that have multi-national impact. Importantly, legislators and law enforcement officials are already cooperating and competition law is undergoing a process of consolidation and harmonization. On one level, the issues raised by global competition enforcement are purely instrumental: a function of ascertaining whether are there differences in substance or procedure that matter, identifying these areas of divergence, evaluating their significance, and deciding whether and how they should they be resolved and by whom. On a non-utilitarian, non-pragmatic level, it is also important to identify the theoretical bases for any divergences among competition laws and enforcement regimes and to inquire whether such laws and enforcement priorities should be harmonized, and evaluate the justifications for harmonization. There is real value, but also a real cost, in the existence of multiple enforcement agencies. Even though most substantive provisions of competition laws are largely consistent, there have been examples of conflicts, most problematic in major merger cases because the costs of divergence are most acute. However, the potential costs are significant and should be minimized to the greatest extent possible to facilitate global competition while protecting consumers and competition from multinational cartels, restrictive agreements, and monopolies. Vigorous competition is a powerful route to improving the economic and social condition of citizens by allowing them to participate in a fair market economy. The current 90 jurisdictions that have adopted and are enforcing their own competition laws offer the benefits of competition for their citizens and firms doing business in these states. However, since these numerous competition laws may have differing underlying goals, substantive standards, and procedures, there are inefficiencies and costs to firms seeking to compete in multiple jurisdictions. This paper articulates a standard to evaluate whether a particular resolution to inconsistent global enforcement is recommended. Any such model for minimizing conflicts must further the values of competition law and enforcement and reserve sufficient discretion for individual sovereign states to effectuate their own legitimate competitive goals and evaluate the effect of cartels on their own consumers and competitive processes. I argue that the characteristics of such a model system include the following: competition law or laws, and their enforcement regimes, should be predictable, transparent, efficient, non-discriminatory in application, and legitimate or credible. At this time, a supra-national enforcement agency that pre-empts state competition laws and enforcement not is not likely to achieve these goals. Whilst substantive uniformity on core issues is plausible, agreement on non-core issues and underlying norms unlikely to be achieved. Moreover, differences in enforcement priorities and expertise make a uniform law an unappealing option. Voluntary cooperation, consultation and soft harmonization among state competition agencies offers the most promise. Harmonization, especially if the consultative process includes representatives of diverse interests including consumers, is efficient, transparent and credible. To the extent that agreement on core principles and processes is achieved, enforcement will be more predictable and fair.
Author : Gabriella Muscolo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186905
Total Pages : 566 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Interplay Between Competition Law and Intellectual Property written by Gabriella Muscolo and published by Kluwer Law International B.V.. This book was released on 2019-01-17 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields
Author : John Charles Duns
Publisher :
ISBN 13 : 9780409322453
Total Pages : 0 pages
Book Rating : 4.3/5 (224 download)
Download or read book Competition Law written by John Charles Duns and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents extracts from the leading decisions made under the competition provisions of the Trade Practices Act 1974, and State application legislation, together with extracts from relevant Parliamentary Committees, Australian Competition and Consumer Commission publications and academic commentary.
Author : Klaus Mathis
Publisher : Springer
ISBN 13 : 3030116115
Total Pages : 358 pages
Book Rating : 4.0/5 (31 download)
Download or read book New Developments in Competition Law and Economics written by Klaus Mathis and published by Springer. This book was released on 2019-03-18 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.
Author : Tefera Nigussie
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Competition Law and Consumer Protection written by Tefera Nigussie and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of consumer welfare or broadly speaking protection of the interests of consumers is a central aspect of all modern competition laws as well as a direct aim of consumer protection laws. Competition law and consumer protection policies are complementary and mutually reinforcing. Competition in the market increases efficiencies and encourages innovation. Competition also creates incentives for product differentiation and improves the quality of goods and services provided. In that sense, competition enhances consumer welfare by providing consumers with a wider choice at competitive prices. Consumer protection strengthens competition in the markets. Consumers make informed decisions in their preference for goods and services in respective markets when they are well informed. However, despite being complementary in many ways, competition and consumer protection laws cover different issues and employ different methods to achieve their goals. Whilst consumer protection rules are built upon the premise that consumers are the weaker party to transactions and should be directly protected for this reason in their dealings with traders through certain consumer rights, competition law only indirectly protects the consumers' economic well-being by ensuring that the markets are subject to effective competition.This necessitates the coordination between the two laws is to maximize the synergies and minimize the tensions. So that, consumer policy tools while seeking approaches that effectively protect consumers should not unduly or unnecessarily restrict competition, and competition policy should be brought to bear to ensure that, subject to appropriate consumer protection safeguards being in place, competition should be allowed to work where it can, including by the elimination of any unjustified restriction on entry and on competitive conduct.
Author : Katherine M. Gehl
Publisher : Harvard Business Press
ISBN 13 : 1633699242
Total Pages : 316 pages
Book Rating : 4.6/5 (336 download)
Download or read book The Politics Industry written by Katherine M. Gehl and published by Harvard Business Press. This book was released on 2020-06-23 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading political innovation activist Katherine Gehl and world-renowned business strategist Michael Porter bring fresh perspective, deep scholarship, and a real and actionable solution, Final Five Voting, to the grand challenge of our broken political and democratic system. Final Five Voting has already been adopted in Alaska and is being advanced in states across the country. The truth is, the American political system is working exactly how it is designed to work, and it isn't designed or optimized today to work for us—for ordinary citizens. Most people believe that our political system is a public institution with high-minded principles and impartial rules derived from the Constitution. In reality, it has become a private industry dominated by a textbook duopoly—the Democrats and the Republicans—and plagued and perverted by unhealthy competition between the players. Tragically, it has therefore become incapable of delivering solutions to America's key economic and social challenges. In fact, there's virtually no connection between our political leaders solving problems and getting reelected. In The Politics Industry, business leader and path-breaking political innovator Katherine Gehl and world-renowned business strategist Michael Porter take a radical new approach. They ingeniously apply the tools of business analysis—and Porter's distinctive Five Forces framework—to show how the political system functions just as every other competitive industry does, and how the duopoly has led to the devastating outcomes we see today. Using this competition lens, Gehl and Porter identify the most powerful lever for change—a strategy comprised of a clear set of choices in two key areas: how our elections work and how we make our laws. Their bracing assessment and practical recommendations cut through the endless debate about various proposed fixes, such as term limits and campaign finance reform. The result: true political innovation. The Politics Industry is an original and completely nonpartisan guide that will open your eyes to the true dynamics and profound challenges of the American political system and provide real solutions for reshaping the system for the benefit of all. THE INSTITUTE FOR POLITICAL INNOVATION The authors will donate all royalties from the sale of this book to the Institute for Political Innovation.
Author : Thomas V. Vakerics
Publisher : Law Journal Seminars Press
ISBN 13 : 9781588520326
Total Pages : 1200 pages
Book Rating : 4.5/5 (23 download)
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.
Author : Daniel J. Gifford
Publisher : University of Chicago Press
ISBN 13 : 022617610X
Total Pages : 320 pages
Book Rating : 4.2/5 (261 download)
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.
