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Author :
Publisher :
ISBN 13 : 9789188566447
Total Pages : 196 pages
Book Rating : 4.5/5 (664 download)
Download or read book The Pros and Cons of Vertical Restraints written by and published by . This book was released on 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel P. O'Brien
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Economics of Vertical Restraints in Digital Markets written by Daniel P. O'Brien and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical restraints are contractual arrangements between firms at different levels in a supply chain (e.g., manufacturer and retailer, manufacturer and distributor, distributor and retailer) that are more complex than simple per-unit pricing arrangements. The purpose of this chapter is to provide an overview of the economics of vertical restraints and thereby provide an economic foundation for the antitrust analysis of vertical restraints.The literature on vertical restraints is large. This chapter touches on many of the relevant concepts at a high level, references past work for certain ideas, and focuses in depth on four main issues: (i) the general nature of double marginalization and the benefits of vertical restraints that eliminate it in both single- and multi-product settings; (ii) the welfare effects of vertical restraints that address service externalities; (iii) the implications of bilateral contracting and bargaining for the effects of vertical restraints; and (iv) the effects of anti-steering provisions, a vertical restraint that does not appear explicitly in most textbooks but has been prominent in antitrust cases in the digital age.
Author : Ittai Paldor
Publisher :
ISBN 13 :
Total Pages : 37 pages
Book Rating : 4.:/5 (129 download)
Download or read book Vertical Restraints' Paradox written by Ittai Paldor and published by . This book was released on 2017 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past fifty years antitrust theorists and economists have advanced several pro-competitive explanations for minimum resale price maintenance [RPM]. Additionally, scholars have argued that non-price vertical restraints (such as territorial exclusivity) and RPM have similar effects on price and quantity and should therefore be treated similarly by law. Nearly thirty years ago, the Supreme Court ruled that non-price vertical restraints should be subject to a rule of reason, acknowledging their pro-competitive potential. Since no explanation has been forwarded to justify treating RPM differently, there seems to be good reason to rectify the inconsistency and subject RPM to a rule of reason too. And indeed, in a case currently pending before the U.S. Supreme Court the Court has been urged to overrule the longstanding per se illegality rule presently applied to RPM. The petitioners rely, inter alia, on the similarity between RPM and non-price vertical restraints. In the following I argue that RPM is different from other vertical restraints. I show that all pro-competitive explanations for RPM suffer from a common flaw, the possibility of non-price competition, which challenges RPM's ability to achieve any of the pro-competitive goals attributed to it. I then proceed to show that non-price vertical restraints are capable of achieving the pro-competitive goals which RPM is incapable of achieving. This justifies treating RPM differently from other vertical restraints.
Author : Ittai Paldor
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)
Download or read book The Vertical Restraints' Paradox written by Ittai Paldor and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In a case currently pending before the U.S. Supreme Court the court has been urged to overrule the longstanding per se illegality rule presently applicable to minimum resale price maintenance, or RPM. Over the past fifty years antitrust theorists and economists have advanced several pro-competitive explanations for RPM. Additionally, scholars have argued that non-price vertical restraints (such as territorial exclusivity) and RPM have similar effects on price and quantity and should therefore be treated similarly by law. Nearly thirty years ago, the Supreme Court ruled that non-price vertical restraints should be subject to a rule of reason, acknowledging their pro-competitive potential. Since no explanation has been forwarded to justify treating RPM differently, there seems to be good reason to rectify the inconsistency and subject RPM to a rule of reason too. And indeed, the Court has recently granted Certiorari, signaling at least a willingness to reconsider its position. In the following I argue that legal policymakers' current approach is economically justified. I show that all pro-competitive explanations for RPM suffer from a common flaw, the possibility of non-price competition, which challenges RPM's ability to achieve any of the pro-competitive goals attributed to it. I then proceed to show that non-price vertical restraints are capable of achieving the pro-competitive goals which RPM is incapable of achieving. This justifies both applying a per se illegality rule to RPM and applying a different rule, namely a rule of reason, to other vertical restraints.
Author : David A. Butz
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Are Vertical Restraints Pro- Or Anticompetitive? Lessons from Interstate Circuit written by David A. Butz and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of antitrust law is the prohibition on horizontal collusion. To enforce this prohibition, the law must accurately define what collusion entails. One of the most controversial areas of antitrust is the issue of vertical restraints. In the last 20 years, economists have come up with any number of pro- and anticompetitive rationales for such restraints. Given this, perhaps one of the most important antitrust cases is Interstate Circuit v. United States, a case that combines issues of horizontal collusion and vertical restraints. A review of the facts shows that collusion cannot be properly inferred from the behavior of the parties involved and that the relevant vertical restraints had efficiency-enhancing properties. We then use Interstate Circuits behavior to generate a theory of vertical restraints that not only explains the events in the case but also addresses an important controversy in the vertical restraints literature.
Author : Frank Wijckmans
Publisher : Oxford University Press, USA
ISBN 13 : 0199696411
Total Pages : 428 pages
Book Rating : 4.1/5 (996 download)
Download or read book Vertical Agreements in EU Competition Law written by Frank Wijckmans and published by Oxford University Press, USA. This book was released on 2011-11-10 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.
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 : Sandra Marco Colino
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315615
Total Pages : 222 pages
Book Rating : 4.8/5 (473 download)
Download or read book Vertical Agreements and Competition Law written by Sandra Marco Colino and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale price maintenance in 1997, whilst most recently and most significantly in 2007 the Leegin case followed suit for minimum resale price maintenance. The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.
Author : Maria Fernanda Caporale Madi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526513
Total Pages : 224 pages
Book Rating : 4.4/5 (35 download)
Download or read book Regulating Vertical Agreements written by Maria Fernanda Caporale Madi and published by Kluwer Law International B.V.. This book was released on 2020-10-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.
Author : Damien Geradin
Publisher :
ISBN 13 :
Total Pages : 17 pages
Book Rating : 4.:/5 (13 download)
Download or read book For a Rigorous 'Effects-Based' Analysis of Vertical Restraints Adopted by Dominant Firms written by Damien Geradin and published by . This book was released on 2018 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short paper summarizes the main findings of a comprehensive study the authors conducted on the way “vertical restraints” adopted by dominant firms (with a focus on exclusive dealing, rebates and discounts and tying) have been treated by enforcement agencies and courts in the European Union (“EU”) and in Brazil. A comparative analysis of the treatment of vertical restraints in these two jurisdictions is particularly interesting for the following reasons. First, the EU competition law system is mature, but the European Commission (the “Commission”)'s approach to vertical restraints has evolved in recent years notably through the Guidance Paper issued in 2008, promoting an effects-based approach to such restraints. The Brazilian competition law system is not as mature as the EU system, but Brazil has established itself as one of the key antitrust players among the fast-growing economies. Although less mature than its EU counterpart, Brazil has adopted an effects-based approach to vertical restraints for a long time, the problem being the inconsistencies that exist in the implementation of that approach. Second, the EU system and the Brazilian system rely on an administrative enforcement agency, and the Brazilian system has been influenced by the European model. The comparative approach is thus likely to be fruitful.Among the main policy conclusions of our study is that competition authorities and courts should not apply per se illegality rules to vertical restraints adopted by dominant firms. Instead, they should adopt tests seeking to identify the pro- and anti-competitive effects of a given conduct and balance them. No vertical restraint should be banned without the demonstration that it affects competition and creates consumer harm. Such effects-based analysis must be developed according to a solid analytical framework in order to establish consistent standards of proof. Indeed, in the absence of such framework, even with an alleged effects-based approach, authorities may end up developing inconsistent standards of proof with decisions outcomes that may come close to a form-based analysis, as the Brazilian experience illustrates.
Author : Paulo Burnier da Silveira
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502126
Total Pages : 311 pages
Book Rating : 4.4/5 (35 download)
Download or read book Global Competition Enforcement written by Paulo Burnier da Silveira and published by Kluwer Law International B.V.. This book was released on 2019-10-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Competition Enforcement New Players, New Challenges Edited by Paulo Burnier da Silveira & William Evan Kovacic In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries. The following aspects of the subject and more are examined in depth: the interface between antitrust and anti-corruption; the digital economy’s challenges to competition authorities; convergent aims and rules among different competition authorities; regional organizations with competition mandates; competition neutrality and state-owned enterprises; and leniency programmes. Although necessarily there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities in five continents including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions. Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations. Antitrust lawyers, corporate counsel and interested academics as well as policymakers will benefit immeasurably from this book’s wealth of informative detail.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.:/5 (272 download)
Download or read book Report on the Robinson-Patman Act written by United States. Department of Justice and published by . This book was released on 1977 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ronald N. Lafferty
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.3/5 ( download)
Download or read book Impact Evaluations of Federal Trade Commission Vertical Restraints Cases written by Ronald N. Lafferty and published by . This book was released on 1984 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Deborah Healey
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368656
Total Pages : 576 pages
Book Rating : 4.7/5 (853 download)
Download or read book Research Handbook on Methods and Models of Competition Law written by Deborah Healey and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development. A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of 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 : Christy Kollmar
Publisher : Taylor & Francis
ISBN 13 : 1000858502
Total Pages : 290 pages
Book Rating : 4.0/5 (8 download)
Download or read book Resale Price Maintenance and the Law written by Christy Kollmar and published by Taylor & Francis. This book was released on 2023-03-31 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of how to properly enforce against RPM has been a contentious debate for decades on both sides of the Atlantic. The catalyst is the acceptance that RPM can generate both anti-competitive effects and pro-competitive efficiencies that need to be properly balanced to ensure against Type I/Type II errors and to create viable legislation. Part I focuses on 100 years of US origins and the current legal approach to VR enforcement, which reveals the precedent responsible for the transition between per se illegality and the rule of reason thresholds at the federal level. Nine anti-competitive and 19 pro-competitive theoretical models are also introduced to clearly demonstrate the true nonconsensus existent between economists as to whether RPM is deleterious enough to justify a stringent approach to RPM regulation. Part II closely examines the EU origins and current legal structure, where RPM has maintained its hardcore by-object designation pursuant to Art. 101(1) TFEU with the consequence of having no safe harbours, no applicability of the De Minimus Doctrine, an onerous negative rebuttable presumption, non-severability of the agreement and almost no chance of obtaining an exemption under Art. 101(3). This is exacerbated by the EC’s lack of guidance on how to prove all conditions necessary for an Art. 101(3) exemption and when a vertical arrangement actually escapes Art. 101(1) applicability. The aim of this book is to examine the economic models, historical origins and legal structures of the US/EU regimes to develop proposals on how to modify the EU’s current legal structure to ensure proper enforcement of RPM behaviour that actually enhances legal certainty through a more aligned approach at the national level. Part III proposes five solutions which scrutinise the concepts of appreciability, hardcore and by-object restraints, to implement modifications to EU’s current legal framework to ensure RPM receives reasonable and equitable treatment in line with economic theory.
Author : Roger D. Blair
Publisher : Oxford Handbooks
ISBN 13 : 0199388598
Total Pages : 665 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Oxford Handbook of International Antitrust Economics written by Roger D. Blair and published by Oxford Handbooks. This book was released on 2015 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.
