The More Economic Approach to EU Antitrust Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509909222
Total Pages : 375 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The More Economic Approach to EU Antitrust Law by : Anne C Witt

Download or read book The More Economic Approach to EU Antitrust Law written by Anne C Witt and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

The More Economic Approach to EU Antitrust Law

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Publisher :
ISBN 13 : 9781474202350
Total Pages : pages
Book Rating : 4.2/5 (23 download)

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Book Synopsis The More Economic Approach to EU Antitrust Law by : Anne Cleino Witt

Download or read book The More Economic Approach to EU Antitrust Law written by Anne Cleino Witt and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Triggers and catalysts -- The process -- The agenda -- A more economic objective -- A more economic concept of harm -- A more economic concept of countervailing effects -- A more economic test -- A more economic methodology -- Advantages -- Compatibility with the case law -- Other concerns

Economic Evidence in EU Competition Law

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Publisher :
ISBN 13 : 9781780682860
Total Pages : 0 pages
Book Rating : 4.6/5 (828 download)

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Book Synopsis Economic Evidence in EU Competition Law by : Mitja Kovač

Download or read book Economic Evidence in EU Competition Law written by Mitja Kovač and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries.

EU Competition Law and Economics

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Publisher : OUP Oxford
ISBN 13 : 0191637491
Total Pages : 916 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis EU Competition Law and Economics by : Damien Geradin

Download or read book EU Competition Law and Economics written by Damien Geradin and published by OUP Oxford. This book was released on 2012-03-22 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.

Comparative Competition Law and Economics

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786438313
Total Pages : 576 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Comparative Competition Law and Economics by : Roger J. Van den Bergh

Download or read book Comparative Competition Law and Economics written by Roger J. Van den Bergh and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches.

Structure and Effects in EU Competition Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131744
Total Pages : 370 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Structure and Effects in EU Competition Law by : Basedow

Download or read book Structure and Effects in EU Competition Law written by Basedow and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade the European Commission has progressively adopted what is called a and‘more economic approachand’ toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these and‘newand’ methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionand’s State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the and‘more economicand’ approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherand’s discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.

The More Economic Approach to European Competition Law

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Publisher :
ISBN 13 : 9783161494147
Total Pages : 359 pages
Book Rating : 4.4/5 (941 download)

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Book Synopsis The More Economic Approach to European Competition Law by : Dieter Schmidtchen

Download or read book The More Economic Approach to European Competition Law written by Dieter Schmidtchen and published by . This book was released on 2007 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Competition Policy and the Economic Approach

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857930338
Total Pages : 361 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Competition Policy and the Economic Approach by : Josef Drexl

Download or read book Competition Policy and the Economic Approach written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the .economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more .economic approach' has led to a modernisation of competition law throughout the world. This book comprehensivelyexamines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economicsin the field of competition will also find this book invaluable.

Economic Analysis in EU Competition Policy

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800370199
Total Pages : 320 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Economic Analysis in EU Competition Policy by : Parcu, Pier L.

Download or read book Economic Analysis in EU Competition Policy written by Parcu, Pier L. and published by Edward Elgar Publishing. This book was released on 2021-12-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.

Non-Competition Interests in EU Antitrust Law

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Publisher : Cambridge University Press
ISBN 13 : 1108943772
Total Pages : 573 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Non-Competition Interests in EU Antitrust Law by : Or Brook

Download or read book Non-Competition Interests in EU Antitrust Law written by Or Brook and published by Cambridge University Press. This book was released on 2022-07-28 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Based on an original quantitative and qualitative database of over 3,100 cases, this book records all of the public enforcement actions of Article 101 TFEU taken by the Commission, EU Courts, and the national competition authorities and courts of five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). The book not only exposes explicit tools in which non-competition interests played a role, but also sheds light on the “dark matter” of balancing, namely, invisible forms of balancing triggered by the institutional and procedural setup of the competition enforcers. Moreover, it contributes to the empirical-legal study of various other aspects of EU competition law enforcement, such as its objectives, the more economic approach, decentralized enforcement, and the functioning and success of Regulation 1/2003.

Competition, Effects and Predictability

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509926097
Total Pages : 272 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Competition, Effects and Predictability by : Bruce Wardhaugh

Download or read book Competition, Effects and Predictability written by Bruce Wardhaugh and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the US and EU, legal analysis in competition cases is conducted on a case-by-case approach. This approach assesses each particular practice for both its legality and its welfare effects. While this analytic method has the merits of 'getting the result right' by, inter alia, reducing error costs in antitrust adjudication, it comes at a cost of certainty, predictability and clarity in the legal principles which govern antitrust law. This is a rule of law concern. This is the first book to explore this tension between Europe's 'More Economic Approach', the US's Rule of Reason, and the Rule of Law. The tension manifests itself in the assumptions in and choice of analytic method; the institutional agents driving this effects based approach and their competency to use and assess the results of the methodology they demand; and, the nature and stability of the legal principles used in modern effects-based competition analysis. The book forcefully argues that this approach to competition law represents a threat to the rule of law. Competition, Effects and Predictability will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.

The More Economic Approach Under Article 102 TFEU

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Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848739608
Total Pages : 0 pages
Book Rating : 4.7/5 (396 download)

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Book Synopsis The More Economic Approach Under Article 102 TFEU by : Marta Zalewska-Głogowska

Download or read book The More Economic Approach Under Article 102 TFEU written by Marta Zalewska-Głogowska and published by Nomos Verlagsgesellschaft. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the more economic approach marks the long-awaited review of EU prohibition of abuse of dominance. This work depicts the development of the more economic approach under Article 102 TFEU, and in particular analyses two Commission's documents: the 2005 Discussion Paper and the 2009 Priorities Paper. It also explains what the more economic approach in abuse of dominance cases means for EU institutions, namely the Commission's practice, and the case law of the CJEU. The author argues that despite the fact that the trend of the more economic approach in Europe is hallmarked by the clash between the Commission's policy and the jurisprudence of the CJEU, it appears undeniable that the process of the EU institutions' transition towards a more economic approach to Article 102 TFEU has begun. Finally, the work also provides a comparison between the US and EU abuse of market power regimes, and points to the most important similarities and discrepancies.

The Normative Foundations of European Competition Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786436078
Total Pages : 360 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Normative Foundations of European Competition Law by : Oles Andriychuk

Download or read book The Normative Foundations of European Competition Law written by Oles Andriychuk and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.

Resale Price Maintenance and Vertical Territorial Restrictions

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Publisher : Edward Elgar Publishing
ISBN 13 : 1783477741
Total Pages : 384 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Resale Price Maintenance and Vertical Territorial Restrictions by : Barbora Jedlicková

Download or read book Resale Price Maintenance and Vertical Territorial Restrictions written by Barbora Jedlicková and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.

The Goals of Competition Law

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

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Book Synopsis The Goals of Competition Law by : Daniel Zimmer

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

Competition Law, Innovation and Antitrust

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Publisher : Edward Elgar Publishing
ISBN 13 : 1849802351
Total Pages : 301 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Competition Law, Innovation and Antitrust by : Hedvig Schmidt

Download or read book Competition Law, Innovation and Antitrust written by Hedvig Schmidt and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . a must-read for anyone wanting to study tying in more detail. . . the book offers a very thorough analysis of tying, together with some recommended improvements to the way in which tying is currently assessed under the EU and the US antitrust rules. Common Market Law Review Schmidt s Competition Law, Innovation and Antitrust is a superb introduction to the subject of tying arrangements and other bundled sales in high technology markets, principally as they are treated under US antitrust law and EU competition law. Schmidt thoroughly assesses the economics of such arrangements, the benefits they confer and the potential harms they impose, and then gives a positive introduction to the law. This is a comprehensive treatment of its subject and an indispensible aid to the competition law scholar or practitioner. Herbert Hovenkamp, University of Iowa, College of Law, US This innovative book assesses the hotly debated topic of tying from three different perspectives: competition law, economics and intellectual property rights. It highlights the faults and benefits of the current approaches to tying under EC competition law and US antitrust law. In the light of modern economic thinking, the recent review of Article 82 EC, and Sherman Act, Section 2, the author identifies a more economic approach to tying that moves away from the per se illegality label that has so far impinged on tying case law. Hedvig Schmidt recognizes the significance that tying can play on innovation and product development, and thus suggests a new approach which carves out a safe haven for technological integrated products to ensure continuous stimulation of innovation. With comparative assessments and investigations, this book is a must-read for academics specializing in competition law and theory, as well as practitioners and policy-makers of competition law and intellectual property.

The Historical Foundations of EU Competition Law

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Publisher : Oxford University Press
ISBN 13 : 0199665354
Total Pages : 256 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Historical Foundations of EU Competition Law by : Kiran Klaus Patel

Download or read book The Historical Foundations of EU Competition Law written by Kiran Klaus Patel and published by Oxford University Press. This book was released on 2013-07-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.