Competition Effects And Predictability

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Competition, Effects and Predictability

Author : Bruce Wardhaugh
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.

Competition, Effects and Predictability

Author : Bruce Wardhaugh
Publisher : Bloomsbury Publishing
ISBN 13 : 1509926070
Total Pages : 269 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 269 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.

Predictability

Author : Jan Broulík
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Predictability by : Jan Broulík

Download or read book Predictability written by Jan Broulík and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lacking predictability of competition-law enforcement has its costs. This paper shows that academic analyses of what competition laws should look like do not always treat this factor adequately, paying instead excessive attention to the problem of error. Namely, some analyses completely ignore unpredictability as a relevant factor. Others treat effects of unpredictability as a non-substantive consideration that is more akin to resources expended on operation of competition law than to the effects of error. And still others do not sufficiently distinguish between the mis-deterrence effects of unpredictability and of error, describing both with error-related language. The paper further discusses three possible reasons why such mistreatment of predictability may be taking place. First, it may be a result of authors' convenience. Second, it may be due to the commentator not fully comprehending the role of predictability. Third, it may be a strategic choice by the author to make competition law more aligned with the interests of competition practitioners and/or defendants. It is also briefly discussed how problematic each reason is and what solutions might be available.

Fidelity Rebates in Competition Law

Author : Miroslava Marinova
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403505710
Total Pages : 226 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Fidelity Rebates in Competition Law by : Miroslava Marinova

Download or read book Fidelity Rebates in Competition Law written by Miroslava Marinova and published by Kluwer Law International B.V.. This book was released on 2018-11-07 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the treatment of fdelity rebates as one of the most controversial topics in EU competition law. The controversy arose from the lack of clarity as to how to distinguish between rebates that constitute a legitimate business practice and those that might have anticompetitive e?ects, as the same type of rebates could be pro-competitive or anticompetitive depending on their e?ects on competition. This book clarifes the appropriate treatment of fdelity rebates under EU competition law by o?ering original insights on the way in which abusive rebates should be identifed, taking into account the wealth of EU case law in this area, the economics' literature and the perspective of US antitrust law. The critical discussion on the case law is centred on the idea as to whether the as efcient competitor (AEC) test is an important part of the assessment of fdelity rebates and in which circumstances it could be used as one tool among others. The analysis treats such issues and topics as the following: – What motivated the EU Courts to treat fdelity rebates as illegal ‘by object'? – Why has this case law drawn so much criticism from academics and other commentators? – What can we learn from the economic theories of exclusive dealing and fdelity rebates, and whether the strict approach of the Courts can be supported by economic empirical studies? – What is the meaning attached to the notion of an ‘e?ects-based' approach as an expression of the reform of Article 102? – Why is the controversy regarding the treatment of fdelity rebates still a live issue after the Intel and the Post Danmark II judgments? – In which circumstances the price-cost test can be used as a reliable tool to distinguish between anticompetitive and pro-competitive fdelity rebates? – Can we evaluate the e?ect of fdelity rebates without necessarily carrying out a price-cost test? – Can we consider the AEC test as a single unifying test for all types of exclusionary abuses? – What can we learn about the application of the AEC test in fdelity rebate cases from the recent US case law? A concluding chapter provides an original perspective and also policy recommendations on how the abusive character of fdelity rebates should be assessed including an appropriate legal test that is administrable, creates predictability and legal certainty and minimises the risk of errors and the cost of those mistakes. This book takes a giant step towards improving the understanding of the legal treatment of fdelity rebates and understanding as to whether the treatment of fdelity rebates could be e?ects-based, without necessarily carrying out an AEC test. It will also contribute signifcantly to the practical work of enforcement agencies, courts and private entities and their advisors. book's parallel study of US and EU competition law.

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.

Regulating Competition in Stock Markets

Author : Lawrence R. Klein
Publisher : John Wiley & Sons
ISBN 13 : 1118236866
Total Pages : 403 pages
Book Rating : 4.1/5 (182 download)

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Book Synopsis Regulating Competition in Stock Markets by : Lawrence R. Klein

Download or read book Regulating Competition in Stock Markets written by Lawrence R. Klein and published by John Wiley & Sons. This book was released on 2012-04-25 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to curbing monopoly power in stock markets Engaging and informative, Regulating Competition in Stock Markets skillfully analyzes the impact of the recent global financial crisis on health and happiness, and uses this opportunity to put regulatory systems in perspective. Happiness is lost because of emotional and physical health deterioration resulting from the crisis. Therefore, the authors conclude that financial crisis prevention should be the focus of public policy. This book is the most comprehensive study so far on potential risks to the stock market, especially various forms of market manipulation that lead to mania and eventual crisis. Based on litigation cases from international stock markets, and borrowing multidisciplinary findings in the fields of finance, economics, accounting, media studies, criminology, legal studies, psychology, and medicine, this book is the first to provide thorough micro-level regulatory proposals rooted in financial reality. By focusing on securities trading, they apply antitrust measures to limiting monopolistic power that is used for the manipulation of investors' perception and monopolistic profit. These proposals are quantifiable, adjustable, inexpensive, and can be easily implemented by any securities regulating agency for real-time oversight and daily operations. The recommendations found here are intended to improve the fairness and transparency of the financial markets, thereby perfecting the market competition, protecting investors, stabilizing the market, and preventing crises Explores how avoiding crises can to contribute to a more scientific, health aware, and civilized economic and social development Written by a team of authors who have extensive experience in this dynamic field, including Nobel Laureate Lawrence R. Klein Since the founding of the first, organized stock exchange in Amsterdam 400 years ago, no systematic economic research results on stock markets have been implemented in stock market regulation around the world. Regulating Competition in Stock Markets aims to fill this void.

Do Lunch Or be Lunch

Author : Howard H. Stevenson
Publisher : H B S Press
ISBN 13 : 9780875847979
Total Pages : 294 pages
Book Rating : 4.8/5 (479 download)

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Book Synopsis Do Lunch Or be Lunch by : Howard H. Stevenson

Download or read book Do Lunch Or be Lunch written by Howard H. Stevenson and published by H B S Press. This book was released on 1998 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how to refine predictive skills, make decisions, measure risk, understand conflict, and improve human interactions

Meaning Predictability in Word Formation

Author : Pavol tekauer
Publisher : John Benjamins Publishing
ISBN 13 : 9027294569
Total Pages : 313 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Meaning Predictability in Word Formation by : Pavol tekauer

Download or read book Meaning Predictability in Word Formation written by Pavol tekauer and published by John Benjamins Publishing. This book was released on 2005-03-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to contribute to a growing interest amongst psycholinguists and morphologists in the mechanisms of meaning predictability. It presents a brand-new model of the meaning-prediction of novel, context-free naming units, relating the wordformation and wordinterpretation processes. Unlike previous studies, mostly focussed on N+N compounds, the scope of this book is much wider. It not only covers all types of complex words, but also discusses a whole range of predictability-boosting and -reducing conditions. Two measures are introduced, the Predictability Rate and the Objectified Predictability Rate, in order to compare the strength of predictable readings both within a word and relative to the most predictable readings of other coinages. Four extensive experiments indicate inter alia the equal predicting capacity of native and non-native speakers, the close interconnection between linguistic and extra-linguistic factors, the important role of prototypical semes, and the usual dominance of a single central reading.

Laboratory Phonology 10

Author : Cécile Fougeron
Publisher : Walter de Gruyter
ISBN 13 : 3110224917
Total Pages : 811 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Laboratory Phonology 10 by : Cécile Fougeron

Download or read book Laboratory Phonology 10 written by Cécile Fougeron and published by Walter de Gruyter. This book was released on 2010-08-31 with total page 811 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume contains a selection of the papers and commentaries which were originally presented at the Tenth Conference of Laboratory Phonology (LabPhon10) held in Paris from June 29 to July 1, 2006. The theme of the volume is Variation, Phonetic Detail and Phonological Representation. It brings together specialists of different fields of speech research with the goal to discuss the relevance of patterns of variation and phonetic details on phonological representations and theories. The topic is addressed from the angles of speech production, perception, acquisition, speech disorders, and language universals. The contributions are grouped thematically in five sections, each of which is commented by invited discussants. Section I contains the contributions to the special '10th anniversary session' of the conference which represent in a prototypical way some of the different research questions that have been at the core of important debates over the last 20 years in the laboratory phonology community. Issues of phonological universals and language typology are addressed in section II. In section III, the notions of variation and phonetic detail are examined with regard to how they are acquired and dealt with in the formation of phonological representation in emerging systems. Section IV focuses on recent work at the crossroad between normal and disordered speech.

Competition Or Monopoly? The Implications of Complexity Science, Chaos Theory, and Evolutionary Biology for Antitrust and Competition Policy

Download Competition Or Monopoly? The Implications of Complexity Science, Chaos Theory, and Evolutionary Biology for Antitrust and Competition Policy PDF Online Free

Author : Thomas Jeffrey Horton
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Competition Or Monopoly? The Implications of Complexity Science, Chaos Theory, and Evolutionary Biology for Antitrust and Competition Policy by : Thomas Jeffrey Horton

Download or read book Competition Or Monopoly? The Implications of Complexity Science, Chaos Theory, and Evolutionary Biology for Antitrust and Competition Policy written by Thomas Jeffrey Horton and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Predicting the competitive and economic impacts of business conduct and relationships ranging from horizontal marketing joint ventures to vertical restraints demands an assessment and understanding of "immeasurable dynamic relationships." Despite the assiduous efforts of economists and lawyers to bring order and predictability to the competitive effects evaluation process, antitrust regulation and decision making are guided as much by assumptions and values, as they are by neutral economic or scientific principles. We should look to the teachings of complexity science, chaos theory, and evolutionary biology to better understand our complex competitive economic system and to identify potential emergent forms of order. In so doing, we will gain a greater appreciation for the importance of diversity and ongoing competition at all levels of our economic system. We also must keep foremost in mind that effective antitrust regulation requires a continuing effort to delicately balance conflicting implied values such as freedom and fairness, competition and collaboration, and diversity and efficiency. We need to recognize that maximum economic diversity and welfare creation will be realized through fair competition and voluntary contractual relationships based on trust, reciprocity, and fairness.

Competition Law and Economics

Author : Abel Moreira Mateus
Publisher :
ISBN 13 : 9789041126320
Total Pages : 379 pages
Book Rating : 4.1/5 (263 download)

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Book Synopsis Competition Law and Economics by : Abel Moreira Mateus

Download or read book Competition Law and Economics written by Abel Moreira Mateus and published by . This book was released on 2007 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone recognizes that competition is the process by which companies are induced to offer consumers the lowest prices and introduce innovations to earn higher profits. Antitrust enforcement should focus on real competition problems, on behaviour that has actual or likely restrictive effects on the market, and which harms consumers; it should be aimed at protecting competition and not competitors. A real revolution in the application of European competition law took place with the modernization package implemented in the last few years, involving the now-decentralized application of Articles 81 and 82 EC, new merger regulations, and the ongoing review of guidelines for the prosecution of abuses of a dominant position. This book presents the proceedings of the First Lisbon Competition Law and Economics Conference under the auspices of the Portuguese Competition Authority. It was a ground-breaking event in which leading European judges and competition enforcers, as well as some of the leading world economists and law professors on competition issues, took a critical look at the instruments of competition policy conceived to implement EC Regulation 1/2003, with a broader focus on modernization in the EU and in the USA. In wide-ranging discussions they evaluated theories of harm to competition for the most frequently-occurring types of abusive behaviour, and developed guidelines for a competition policy that offers both an economically sound framework and a workable and operational tool for making rules that can be enforced effectively and with a reasonable degree of predictability. Among the many issues arising in the proceedings recorded in this book are the following: special powers of investigation; leniency programs and individual sanctions; the problem of "forum shopping" in the present merger regulation system; the impact of regulations and competition on economic growth; competition and regulatory costs; judicial review of the European Commission merger decisions; consumer welfare effects of mergers; who should apply competition law to utilities; and the link between competition and innovation and the development of a country. The book will be of immeasurable value to judges, academics, and economic and law practitioners active in competition policy and enforcement, as well as to officials of European national competition authorities. Equally interested will be students of law and economics concerned with competition issues, and non-governmental organizations dealing with consumer protection and private enforcement of competition law. By giving ample evidence of the impact of competition and efficient regulation on economic growth, this far-reaching book will help elucidate the main current topics in need of further reform and underline the importance of competition policy in modern market economies.

The Cambridge Handbook of Competition Law Sanctions

Author : Tihamer Tóth
Publisher :
ISBN 13 : 1108831710
Total Pages : 769 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Handbook of Competition Law Sanctions by : Tihamer Tóth

Download or read book The Cambridge Handbook of Competition Law Sanctions written by Tihamer Tóth and published by . This book was released on 2022-06-23 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparison of the theory and practice of corporate and individual sanctions applied in competition law across five continents.

Maternal Effects As Adaptations

Author : Timothy A. Mousseau
Publisher : Oxford University Press
ISBN 13 : 0195344405
Total Pages : 390 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Maternal Effects As Adaptations by : Timothy A. Mousseau

Download or read book Maternal Effects As Adaptations written by Timothy A. Mousseau and published by Oxford University Press. This book was released on 1998-06-18 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mothers have the ability to profoundly affect the quality of their offspring--from the size and quality of their eggs to where, when, and how eggs and young are placed, and from providing for and protecting developing young to choosing a mate. In many instances, these maternal effects may be the single most important contributor to variation in offspring fitness. This book explores the wide variety of maternal effects that have evolved in plants and animals as mechanisms of adaptation to temporally and spatially heterogeneous environments. Topics range from the evolutionary implications of maternal effects to the assessment and measurement of maternal effects. Four detailed case studies are also included. This book represents the first synthesis of the current state of knowledge concerning the evolution of maternal effects and their adaptive significance.

Principles of Ecology

Author : Rory Putman
Publisher : Springer Science & Business Media
ISBN 13 : 9401169489
Total Pages : 384 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Principles of Ecology by : Rory Putman

Download or read book Principles of Ecology written by Rory Putman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Ecology teachers ourselves we have become increasingly aware of the lack of a single comprehensive textbook of Ecvlogy which we can recommend unreservedly to our students. While general, review texts are readily available in other fields, recent publications in Ecology have tended for the most part to be small, specialised works on single aspects of the subject. Such general texts as are available are often rather too detailed and, in addition, tend to be somewhat biased towards one aspect of the discipline or another and are thus not truly balanced syntheses of current knowledge. Ecology is, in addition, a rapidly developing subject: new information is being gathered all the time on a variety of key questions; new approaches and techniques open up whole new areas of research and establish new principles. Already things have changed radically since the early '70s and we feel there is a need for an up to date student text that will include some of this newer material. We have tried, therefore, to create a text that will review all the major principles and tenets within the whole field of Ecology, presenting the generally accepted theories and fundamentals and reviewing carefully the evidence on which such principles have been founded. While recent developments in ecological thought are emphasised, we hope that these will not dominate the material to the extent where the older-established principles are ignored or overlooked.

New Developments in Competition Law and Economics

Author : Klaus Mathis
Publisher : Springer
ISBN 13 : 3030116115
Total Pages : 358 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis New Developments in Competition Law and Economics by : Klaus Mathis

Download or read book New Developments in Competition Law and Economics written by Klaus Mathis and published by Springer. This book was released on 2019-03-18 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.

The Notion of Restriction of Competition

Author : Damien Gerard
Publisher : Bruylant
ISBN 13 : 2802757555
Total Pages : 336 pages
Book Rating : 4.8/5 (27 download)

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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.

How Hits Happen

Author : Winslow Farrell
Publisher :
ISBN 13 : 9781587990274
Total Pages : 236 pages
Book Rating : 4.9/5 (92 download)

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Book Synopsis How Hits Happen by : Winslow Farrell

Download or read book How Hits Happen written by Winslow Farrell and published by . This book was released on 2000 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying the Complexity Theory, the author sheds light on the intricate world of consumer behaviour. In doing so, he helps managers to identify the emerging patterns and forces that lead to a hit in the market, and the triggers that will enable businesses to capture and sustain it. First published in 1998.