The Interface Between Competition And The Internal Market

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The Interface between Competition and the Internal Market

Author : Vasiliki Brisimi
Publisher : Bloomsbury Publishing
ISBN 13 : 178225448X
Total Pages : 276 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Interface between Competition and the Internal Market by : Vasiliki Brisimi

Download or read book The Interface between Competition and the Internal Market written by Vasiliki Brisimi and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.

Multi-dimensional Approaches Towards New Technology

Author : Ashish Bharadwaj
Publisher : Springer
ISBN 13 : 981131232X
Total Pages : 350 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Multi-dimensional Approaches Towards New Technology by : Ashish Bharadwaj

Download or read book Multi-dimensional Approaches Towards New Technology written by Ashish Bharadwaj and published by Springer. This book was released on 2018-07-23 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Bellamy & Child

Author : David Bailey
Publisher : Oxford University Press, USA
ISBN 13 : 9780198794752
Total Pages : 0 pages
Book Rating : 4.7/5 (947 download)

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Book Synopsis Bellamy & Child by : David Bailey

Download or read book Bellamy & Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.

The Wide Lens

Author : Ron Adner
Publisher : Penguin
ISBN 13 : 1101561327
Total Pages : 311 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis The Wide Lens by : Ron Adner

Download or read book The Wide Lens written by Ron Adner and published by Penguin. This book was released on 2012-03-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can great companies do everything right - identify real customer needs, deliver excellent innovations, beat their competitors to market - and still fail? The sad truth is that many companies fail because they focus too intensely on their own innovations, and then neglect the innovation ecosystems on which their success depends. In our increasingly interdependent world, winning requires more than just delivering on your own promises. It means ensuring that a host of partners -some visible, some hidden- deliver on their promises, too. In The Wide Lens, innovation expert Ron Adner draws on over a decade of research and field testing to take you on far ranging journeys from Kenya to California, from transport to telecommunications, to reveal the hidden structure of success in a world of interdependence. A riveting study that offers a new perspective on triumphs like Amazon's e-book strategy and Apple's path to market dominance; monumental failures like Michelin with run-flat tires and Pfizer with inhalable insulin; and still unresolved issues like electric cars and electronic health records, The Wide Lens offers a powerful new set of frameworks and tools that will multiply your odds of innovation success. The Wide Lens will change the way you see, the way you think - and the way you win.

The Goals of Competition Law

Author : Daniel Zimmer
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.

A Framework for the Design and Implementation of Competition Law and Policy

Author : R. S. Khemani
Publisher : World Bank Publications
ISBN 13 : 9780821342886
Total Pages : 172 pages
Book Rating : 4.3/5 (428 download)

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Book Synopsis A Framework for the Design and Implementation of Competition Law and Policy by : R. S. Khemani

Download or read book A Framework for the Design and Implementation of Competition Law and Policy written by R. S. Khemani and published by World Bank Publications. This book was released on 1999 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies. To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions. The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.

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.

Digital markets and online platforms: new perspectives on regulation and competition law

Author : Jan Krämer
Publisher : Centre on Regulation in Europe (CERRE)
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4./5 ( download)

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Book Synopsis Digital markets and online platforms: new perspectives on regulation and competition law by : Jan Krämer

Download or read book Digital markets and online platforms: new perspectives on regulation and competition law written by Jan Krämer and published by Centre on Regulation in Europe (CERRE). This book was released on 2020-11-18 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).

Harmonisation of EU Competition Law Enforcement

Author : Jurgita Malinauskaite
Publisher : Springer Nature
ISBN 13 : 3030302334
Total Pages : 280 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Harmonisation of EU Competition Law Enforcement by : Jurgita Malinauskaite

Download or read book Harmonisation of EU Competition Law Enforcement written by Jurgita Malinauskaite and published by Springer Nature. This book was released on 2019-11-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.

The Economic Assessment of Mergers Under European Competition Law

Author : Daniel Gore
Publisher : Cambridge University Press
ISBN 13 : 1107007720
Total Pages : 559 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Economic Assessment of Mergers Under European Competition Law by : Daniel Gore

Download or read book The Economic Assessment of Mergers Under European Competition Law written by Daniel Gore and published by Cambridge University Press. This book was released on 2013-04-25 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a clear, concise and practical overview of the key economic techniques and evidence employed in European merger control.

The Cambridge Handbook of the Law of the Sharing Economy

Author : Nestor M. Davidson
Publisher : Cambridge University Press
ISBN 13 : 1108266207
Total Pages : 952 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Cambridge Handbook of the Law of the Sharing Economy by : Nestor M. Davidson

Download or read book The Cambridge Handbook of the Law of the Sharing Economy written by Nestor M. Davidson and published by Cambridge University Press. This book was released on 2018-11-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.

The Normative Foundations of European Competition Law

Author : Oles Andriychuk
Publisher : Edward Elgar Publishing
ISBN 13 : 1786436078
Total Pages : 441 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 441 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.

Experimentalist Competition Law and the Regulation of Markets

Author : Yane Svetiev
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910670
Total Pages : 227 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Experimentalist Competition Law and the Regulation of Markets by : Yane Svetiev

Download or read book Experimentalist Competition Law and the Regulation of Markets written by Yane Svetiev and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The principal aim of this book is to chart the emergence of experimentalist governance in the implementation of EU competition law as a combined response both to subsidiarity concerns in EU federalism and to an increasingly dynamic and heterogeneous economic environment. The book will contribute to ongoing debates about the current state of EU competition law and supply an alternative account of both emergent trends and its future direction. By focussing on experimentalist governance it is offering a truly innovative perspective on the question of the implementation of EU competition law"--

The Great Reversal

Author : Thomas Philippon
Publisher : Belknap Press
ISBN 13 : 0674237544
Total Pages : 361 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Great Reversal by : Thomas Philippon

Download or read book The Great Reversal written by Thomas Philippon and published by Belknap Press. This book was released on 2019-10-29 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Financial Times Book of the Year A ProMarket Book of the Year “Superbly argued and important...Donald Trump is in so many ways a product of the defective capitalism described in The Great Reversal. What the U.S. needs, instead, is another Teddy Roosevelt and his energetic trust-busting. Is that still imaginable? All believers in the virtues of competitive capitalism must hope so.” —Martin Wolf, Financial Times “In one industry after another...a few companies have grown so large that they have the power to keep prices high and wages low. It’s great for those corporations—and bad for almost everyone else.” —David Leonhardt, New York Times “Argues that the United States has much to gain by reforming how domestic markets work but also much to regain—a vitality that has been lost since the Reagan years...His analysis points to one way of making America great again: restoring our free-market competitiveness.” —Arthur Herman, Wall Street Journal Why are cell-phone plans so much more expensive in the United States than in Europe? It seems a simple question, but the search for an answer took one of the world’s leading economists on an unexpected journey through some of the most hotly debated issues in his field. He reached a surprising conclusion: American markets, once a model for the world, are giving up on healthy competition. In the age of Silicon Valley start-ups and millennial millionaires, he hardly expected this. But the data from his cutting-edge research proved undeniable. In this compelling tale of economic detective work, we follow Thomas Philippon as he works out the facts and consequences of industry concentration, shows how lobbying and campaign contributions have defanged antitrust regulators, and considers what all this means. Philippon argues that many key problems of the American economy are due not to the flaws of capitalism or globalization but to the concentration of corporate power. By lobbying against competition, the biggest firms drive profits higher while depressing wages and limiting opportunities for investment, innovation, and growth. For the sake of ordinary Americans, he concludes, government needs to get back to what it once did best: keeping the playing field level for competition. It’s time to make American markets great—and free—again.

The Interface between Competition Law and Data Privacy Law

Author : Arletta Gorecka
Publisher : Springer Nature
ISBN 13 : 3031738659
Total Pages : 239 pages
Book Rating : 4.0/5 (317 download)

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Book Synopsis The Interface between Competition Law and Data Privacy Law by : Arletta Gorecka

Download or read book The Interface between Competition Law and Data Privacy Law written by Arletta Gorecka and published by Springer Nature. This book was released on with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Big Tech and the Digital Economy

Author : Nicolas Petit
Publisher : Oxford University Press, USA
ISBN 13 : 9780198837701
Total Pages : 304 pages
Book Rating : 4.8/5 (377 download)

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Book Synopsis Big Tech and the Digital Economy by : Nicolas Petit

Download or read book Big Tech and the Digital Economy written by Nicolas Petit and published by Oxford University Press, USA. This book was released on 2020-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks a simple question: are the tech giants monopolies? In the current environment of suspicion towards the major technology companies as a result of concerns about their power and influence, it has become commonplace to talk of Google, Facebook, Amazon, Apple, Microsoft, or Netflix as the modern day version of the 19th century trusts. In turn, the tech giants are vilified for a whole range of monopoly harms towards consumers, workers and even the democratic process. In the US and the EU, antitrust, and regulatory reform is on the way. Using economics, business and management science as well legal reasoning, this book offers a new perspective on big tech. It builds a theory of "moligopoly". The theory advances that the tech giants, or at least some of them, coexist both as monopolies and oligopoly firms that compete against each other in an environment of substantial uncertainty and economic dynamism. With this, the book assesses ongoing antitrust and regulatory policy efforts. It demonstrates that it is counterproductive to pursue policies that introduce more rivalry in moligopoly markets subject to technological discontinuities. And that non-economic harms like privacy violations, fake news, or hate speech are difficult issues that belong to the realm of regulation, not antimonopoly remediation.

Research Handbook on Intellectual Property and Competition Law

Author : Josef Drexl
Publisher : Edward Elgar Publishing
ISBN 13 : 1848443854
Total Pages : 511 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Research Handbook on Intellectual Property and Competition Law by : Josef Drexl

Download or read book Research Handbook on Intellectual Property and Competition Law written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.