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Rethinking Price Fixing Law
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Book Synopsis Rethinking Price-Fixing Law by : Michael J. Trebilcock
Download or read book Rethinking Price-Fixing Law written by Michael J. Trebilcock and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 45 of the Competition Act prohibits price-fixing and other forms of horizontal agreements among rivals by imposing criminal sanctions on parties to arrangements which "unduly lessen competition." The authors argue that there are policy reasons for rethinking the current price-fixing prohibition. The authors argue that many horizontal arrangements by contract (through agreements among rivals) are similar to horizontal arrangements by ownership (through mergers). In the 1986 amendments to the Competition Act, Parliament removed merger review from the purview of criminal courts and gave the Competition Tribunal jurisdiction over mergers. The authors propose similar amendments to section 45 of the Competition Act, and argue that all horizontal arrangements other than naked price-fixing ought to be subject only to civil review by the Competition Tribunal. Naked price-fixing, they tell us, is always anti-competitive and should therefore continue to attract criminal penalties and remain within the jurisdiction of criminal courts. Having outlined the appropriate focus of a criminal prohibition, the authors proceed to frame a criminal price-fixing prohibition that will target only naked price-fixing arrangements without at the same time targeting potentially pro-competitive arrangements. Many horizontal arrangements are pro-competitive joint ventures, for example, yet may have the ancillary effect of fixing prices. At the same time, arrangements which purport to be pro-competitive may in fact be naked price-fixing arrangements in disguise. Since price-fixing prohibitions are central features of competition laws all over the world, the authors undertake a comparative review of the price-fixing regimes in the United States, the European Community, the United Kingdom, Germany, Australia and New Zealand to determine the extent to which those jurisdictions have been able to maintain workable distinctions between naked price-fixing arrangements and potentially pro-competitive arrangements. From the jurisdictions surveyed, the authors conclude that it is impossible to frame a criminal prohibition against naked price-fixing arrangements which will not, in many cases, target pro-competitive arrangements. The authors therefore propose a new focus to a criminal prohibition. Since most naked price-fixing is covert, the authors propose to make covert arrangements the target of the criminal prohibition. That is, the authors propose to distinguish covert arrangements from overt arrangements, rather than distinguishing naked price-fixing from price-fixing which is ancillary to some pro-competitive objective. The authors propose amendments which would confer immediate immunity from criminal sanctions on parties who notify the Bureau of Competition Policy of their arrangements. Notified arrangements would then be subject only to prospective civil review by the Competition Tribunal. Parties to price-fixing arrangements who do not notify their arrangements to the Bureau would remain subject to criminal penalties.
Book Synopsis Rethinking price-fixing by : Richard S. Wirtz
Download or read book Rethinking price-fixing written by Richard S. Wirtz and published by . This book was released on 1987 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking Securities Law by : Marc I. Steinberg
Download or read book Rethinking Securities Law written by Marc I. Steinberg and published by Oxford University Press. This book was released on 2021 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book focuses on a very timely and important subject that merit s comprehensive analysis: "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) in vocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. Over four decades ago, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection"--
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.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law Publisher : ISBN 13 : Total Pages :402 pages Book Rating :4.F/5 ( download)
Book Synopsis Price Fixing Prevention Act of 1989 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law
Download or read book Price Fixing Prevention Act of 1989 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law and published by . This book was released on 1989 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy Publisher : ISBN 13 : Total Pages :160 pages Book Rating :4.:/5 (327 download)
Book Synopsis Bye Bye Bargains? by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy
Download or read book Bye Bye Bargains? written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy and published by . This book was released on 2010 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antitrust Law Journal written by and published by . This book was released on 1986 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking the Progressive Agenda by : Susan Rose-Ackerman
Download or read book Rethinking the Progressive Agenda written by Susan Rose-Ackerman and published by . This book was released on 1992 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rose-Ackerman sees recent advances in law and economics as an opportunity to tackle some of the failings of the US state. She proposes a progressive and positive agenda of reform rather than simple reduction or expansion of existing functions and services.
Book Synopsis Some Aspects of Price Fixing, with Particular Reference to Resale Price Maintenance and Local Price Fixing by : Louis Francis Mikulich
Download or read book Some Aspects of Price Fixing, with Particular Reference to Resale Price Maintenance and Local Price Fixing written by Louis Francis Mikulich and published by . This book was released on 1938 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Out of Crisis by : David A. Westbrook
Download or read book Out of Crisis written by David A. Westbrook and published by Routledge. This book was released on 2015-12-03 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Former Federal Reserve chair Greenspan recently said that the risk management paradigm is broken; thus our understanding of financial regulation no longer makes sense. More generally, the current financial crisis obliges us to rethink the relationships among "financial markets" and "governments." In Out of Crisis financial analyst David Westbrook illuminates the intellectual, business, and policy errors that have led us into the present morass. Through a vivid legal and political analysis he shows how the ideologies of the right and left have distorted financial thinking and policy. Learning from these errors, the book sketches the emergence of a new understanding of risk management and bureaucratic regulation. Out of Crisis begins the tasks of rethinking the structures that constitute financial markets and exploring how such structures may be strengthened. Taking responsibility for the markets we build to do so much of our society's work, we may yet become mature capitalists.
Book Synopsis The Law and Economics of Vertical Price Fixing by : Dimitrios Loukas
Download or read book The Law and Economics of Vertical Price Fixing written by Dimitrios Loukas and published by . This book was released on 2001 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking the Law of Contract Damages by : Victor P. Goldberg
Download or read book Rethinking the Law of Contract Damages written by Victor P. Goldberg and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.
Book Synopsis The Notion of Restriction of Competition by : Damien Gerard
Download or read book The Notion of Restriction of Competition written by Damien Gerard and published by Bruylant. This book was released on 2017-03-16 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformations induced by the process of “modernisation”, including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.
Book Synopsis Redefining Health Care by : Michael E. Porter
Download or read book Redefining Health Care written by Michael E. Porter and published by Harvard Business Press. This book was released on 2006-04-24 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. health care system is in crisis. At stake are the quality of care for millions of Americans and the financial well-being of individuals and employers squeezed by skyrocketing premiums—not to mention the stability of state and federal government budgets. In Redefining Health Care, internationally renowned strategy expert Michael Porter and innovation expert Elizabeth Teisberg reveal the underlying—and largely overlooked—causes of the problem, and provide a powerful prescription for change. The authors argue that competition currently takes place at the wrong level—among health plans, networks, and hospitals—rather than where it matters most, in the diagnosis, treatment, and prevention of specific health conditions. Participants in the system accumulate bargaining power and shift costs in a zero-sum competition, rather than creating value for patients. Based on an exhaustive study of the U.S. health care system, Redefining Health Care lays out a breakthrough framework for redefining the way competition in health care delivery takes place—and unleashing stunning improvements in quality and efficiency. With specific recommendations for hospitals, doctors, health plans, employers, and policy makers, this book shows how to move health care toward positive-sum competition that delivers lasting benefits for all.
Book Synopsis The Robinson-Patman Act by : Richard A. Posner
Download or read book The Robinson-Patman Act written by Richard A. Posner and published by Evaluative Studies in Governme. This book was released on 1976 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Competition Laws in Conflict by : Richard Allen Epstein
Download or read book Competition Laws in Conflict written by Richard Allen Epstein and published by American Enterprise Institute. This book was released on 2004 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.
Book Synopsis Reconsidering Reagan by : Daniel S. Lucks
Download or read book Reconsidering Reagan written by Daniel S. Lucks and published by Beacon Press. This book was released on 2020-08-04 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2021 Prose Award Finalist A long-overdue and sober examination of President Ronald Reagan’s racist politics that continue to harm communities today and helped shape the modern conservative movement. Ronald Reagan is hailed as a transformative president and an American icon, but within his twentieth-century politics lies a racial legacy that is rarely discussed. Both political parties point to Reagan as the “right” kind of conservative but fail to acknowledge his political attacks on people of color prior to and during his presidency. Reconsidering Reagan corrects that narrative and reveals how his views, policies, and actions were devastating for Black Americans and racial minorities, and that the effects continue to resonate today. Using research from previously untapped resources including the Black press which critically covered Reagan’s entire political career, Daniel S. Lucks traces Reagan’s gradual embrace of conservatism, his opposition to landmark civil rights legislation, his coziness with segregationists, and his skill in tapping into white anxiety about race, riding a wave of “white backlash” all the way to the Presidency. He argues that Reagan has the worst civil rights record of any President since the 1920s—including supporting South African apartheid, packing courts with conservatives, targeting laws prohibiting discrimination in education and housing, and launching the “War on Drugs”—which had cataclysmic consequences on the lives of Black and Brown people. Linking the past to the present, Lucks expertly examines how Reagan set the blueprint for President Trump and proves that he is not an anomaly, but in fact the logical successor to bring back the racially tumultuous America that Reagan conceptualized.
