Antitrust The Person Centred Approach

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Antitrust: The Person-centred Approach

Author : Abayomi Al-Ameen
Publisher : Springer Science & Business Media
ISBN 13 : 3319017241
Total Pages : 226 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Antitrust: The Person-centred Approach by : Abayomi Al-Ameen

Download or read book Antitrust: The Person-centred Approach written by Abayomi Al-Ameen and published by Springer Science & Business Media. This book was released on 2013-10-07 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a different approach to theorising and analysing antitrust issues, working on the premise that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit the attention paid to or exclude issues that could otherwise be considered. This reasoning is motivated by the pursuit of inclusiveness and broadness in the antitrust context. The work contends that traditional top-down antitrust theories are weak because they are incomplete and insufficient in their description and analysis of antitrust issues. Thus, it identifies the need to construct a bottom-up approach. Invariably, such an approach would have to avoid ex ante judgments about the suitability of the normative contents of antitrust laws and theories, lest it fall into the same trap that plagues traditional theories. As a possible solution, the author proposes a procedural account referred to as the person-centred approach (built on theories such as Sen’s Capability) and carefully reviews its practicality.

Antitrust: The Person-centred Approach

Author : Hammeed Abayomi Al-Ameen
Publisher : Springer
ISBN 13 : 9783319017259
Total Pages : 214 pages
Book Rating : 4.0/5 (172 download)

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Book Synopsis Antitrust: The Person-centred Approach by : Hammeed Abayomi Al-Ameen

Download or read book Antitrust: The Person-centred Approach written by Hammeed Abayomi Al-Ameen and published by Springer. This book was released on 2013-11-27 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a different approach to theorising and analysing antitrust issues, working on the premise that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit the attention paid to or exclude issues that could otherwise be considered. This reasoning is motivated by the pursuit of inclusiveness and broadness in the antitrust context. The work contends that traditional top-down antitrust theories are weak because they are incomplete and insufficient in their description and analysis of antitrust issues. Thus, it identifies the need to construct a bottom-up approach. Invariably, such an approach would have to avoid ex ante judgments about the suitability of the normative contents of antitrust laws and theories, lest it fall into the same trap that plagues traditional theories. As a possible solution, the author proposes a procedural account referred to as the person-centred approach (built on theories such as Sen’s Capability) and carefully reviews its practicality.

The Antitrust Paradox

Author : Robert Bork
Publisher :
ISBN 13 : 9781736089712
Total Pages : 536 pages
Book Rating : 4.0/5 (897 download)

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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.

Parental Liability in EU Competition Law

Author : Peter Whelan
Publisher : Oxford University Press
ISBN 13 : 0198844832
Total Pages : 625 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Parental Liability in EU Competition Law by : Peter Whelan

Download or read book Parental Liability in EU Competition Law written by Peter Whelan and published by Oxford University Press. This book was released on 2023-08-25 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.

Wrecking the Internet to Save It?

Author : United States. Congress. House. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Wrecking the Internet to Save It? by : United States. Congress. House. Committee on the Judiciary

Download or read book Wrecking the Internet to Save It? written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2015 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Economics in Europe

Author : Klaus Mathis
Publisher : Springer Science & Business Media
ISBN 13 : 940077110X
Total Pages : 408 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Law and Economics in Europe by : Klaus Mathis

Download or read book Law and Economics in Europe written by Klaus Mathis and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.

Competition Law, Innovation and Antitrust

Author : Hedvig Schmidt
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.

Anti-Cartel Enforcement in a Contemporary Age

Author : Caron Beaton-Wells
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259414
Total Pages : 425 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Anti-Cartel Enforcement in a Contemporary Age by : Caron Beaton-Wells

Download or read book Anti-Cartel Enforcement in a Contemporary Age written by Caron Beaton-Wells and published by Bloomsbury Publishing. This book was released on 2015-09-24 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion – conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frédéric Jenny ' ... fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far ... [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '

Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution

Author : Pranvera Këllezi
Publisher : Springer
ISBN 13 : 3030175502
Total Pages : 573 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Liability for Antitrust Law Infringements & Protection of IP Rights in Distribution by : Pranvera Këllezi

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.

Ten years of effects- Based approach in EU competition law

Author : Jacques Bourgeois
Publisher : Primento
ISBN 13 : 2802738828
Total Pages : 284 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Ten years of effects- Based approach in EU competition law by : Jacques Bourgeois

Download or read book Ten years of effects- Based approach in EU competition law written by Jacques Bourgeois and published by Primento. This book was released on 2012-12-10 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the key components of the modernization of competition rules has been a radical departure from the previous «form-based» enforcement to a so-called «effects-based» approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre (“GCLC”). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is not only on the enforcement of Articles 101 and 102 TFEU, but also in the file of merger control. Attempts are made to define more precisely the boundaries between anticompetitive object and effect, and to develop adequate safe harbours and presumptions. This book also casts a closer look at the analytical framework, possible theories of harm, evidence and defences. Overall the objective is to reconcile as best as possible law and economics, and to see how the goal to achieve the “right decision” in terms of economic outcome can be combined with the legitimate need for legal certainty.

IOCB 2010 Industrial Organization: a Contract Based approach

Author :
Publisher : Nicolas Boccard
ISBN 13 :
Total Pages : 806 pages
Book Rating : 4./5 ( download)

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Book Synopsis IOCB 2010 Industrial Organization: a Contract Based approach by :

Download or read book IOCB 2010 Industrial Organization: a Contract Based approach written by and published by Nicolas Boccard. This book was released on with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

Author : Thorsten Käseberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319572
Total Pages : 330 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US by : Thorsten Käseberg

Download or read book Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US written by Thorsten Käseberg and published by Bloomsbury Publishing. This book was released on 2012-06-08 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.

Health Systems Science E-Book

Author : Susan Skochelak
Publisher : Elsevier Health Sciences
ISBN 13 : 0323694675
Total Pages : 352 pages
Book Rating : 4.3/5 (236 download)

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Book Synopsis Health Systems Science E-Book by : Susan Skochelak

Download or read book Health Systems Science E-Book written by Susan Skochelak and published by Elsevier Health Sciences. This book was released on 2020-05-06 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first textbook devoted to this emerging area, Health Systems Science now brings you fully up to date with today’s key issues and solutions. This increasingly important branch of health care explores how health care is delivered, how health care professionals work together to deliver that care, and how the health system can improve patient care and health care delivery. Along with basic and clinical sciences, health systems science is rapidly becoming a crucial 'third pillar' of medical science, with an emphasis on understanding the role of human factors, systems engineering, leadership, and patient improvement strategies that will help transform the future of health care and ensure greater patient safety. In this 2nd Edition, new chapters, new exercises, and new information help you acquire the knowledge and skills you need for success in today’s challenging healthcare system. The first comprehensive text for mastering health systems science, offering practical coverage of all of the factors in the lives of patients that influence their well-being, the structures and processes of the health system itself, societal factors, communication, and information technology. NEW to this edition: New content on systems thinking, ethics and legal issues, and international care models further define and address this new important component of health care education; additional exercises; and expanded information on the patient experience and private practice. Complete coverage of patient safety, quality improvement, value in health care, teamwork, stewardship of health care resources, population health, clinical informatics, care coordination, leadership, and health care financing/reform. Patient improvement strategies incorporate checklists, information technology, team training, and more. A consistent chapter template provides clear coverage of each topic, including Learning Objectives, Chapter Outline, Core Chapter Content, Summary, Questions for Reflection, and Annotated Bibliography and References. Developed by the American Medical Association’s Accelerating Change in Medical Education Consortium, and authored by a team that includes AMA staff members working with individuals from the Consortium member schools.

Healthcare Antitrust, Settlements, and the Federal Trade Commission

Author : James Langenfeld
Publisher : Emerald Group Publishing
ISBN 13 : 1787566013
Total Pages : 483 pages
Book Rating : 4.7/5 (875 download)

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Book Synopsis Healthcare Antitrust, Settlements, and the Federal Trade Commission by : James Langenfeld

Download or read book Healthcare Antitrust, Settlements, and the Federal Trade Commission written by James Langenfeld and published by Emerald Group Publishing. This book was released on 2018-08-30 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Research in Law and Economics contains articles that address important legal and economic developments in the areas of healthcare, intellectual property and labor settlements, competitive effects, cartel overcharges, and the U.S. Federal Trade Commission (FTC)

EC Private Antitrust Enforcement

Author : Assimakis Komninos
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314082
Total Pages : 366 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis EC Private Antitrust Enforcement by : Assimakis Komninos

Download or read book EC Private Antitrust Enforcement written by Assimakis Komninos and published by Bloomsbury Publishing. This book was released on 2008-02-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

Structure and Effects in EU Competition Law

Author : Basedow
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 andmore 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 andnewand 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 Commissionands 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 andmore 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 otherands 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.

Research Handbook on Methods and Models of Competition Law

Author : Deborah Healey
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368656
Total Pages : 576 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on Methods and Models of Competition Law by : Deborah Healey

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.