Challenges To Assumptions In Competition Law


Challenges To Assumptions In Competition Law
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Challenges To Assumptions In Competition Law


Challenges To Assumptions In Competition Law
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Author : David Bosco
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30

Challenges To Assumptions In Competition Law written by David Bosco and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.


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.



Competition Effects And Predictability


Competition Effects And Predictability
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Author : Bruce Wardhaugh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-16

Competition Effects And Predictability written by Bruce Wardhaugh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-16 with Law categories.


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.



How Much Price Competition


How Much Price Competition
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Author : Albert Milton Moore
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 1970

How Much Price Competition written by Albert Milton Moore and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Business & Economics categories.


Milton Moore, who calls this inquiry into an effective Canadian competition policy “a polite polemic,” challenges the assumptions upon which combines legislation is based and questions the manner in which free enterprise operates in Canada. He addresses himself, not to the academic economist, but to the general public. Because realism and relevance inform his thinking, businessmen will recognize the world of business he describes as the one they inhabit. The author’s basic premise is that the consumer is entitled to commodities and services at a price equal to the lowest attainable cost. But as industry is now organized, there is a gross waste of resources, and if the usual solution advocated for this problem (free trade in manufactured products with the United States) were to be effected, most of what remains of our economic independence would be lost. Professor Moore makes some radical proposals on the subject, notably the subordination of tariff policy to competition policy and the removal of the firm’s right of refusal to sell, both to a degree not previously suggested. The work is infused with his view that the public good takes precedence over the right of the individual to pursue his economic self-interest. “Unless politically courageous decisions are made,” he warns, “… our competition policy will continue to be the charade that it now is.”



The Global Limits Of Competition Law


The Global Limits Of Competition Law
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Author : D. Daniel Sokol
language : en
Publisher: Stanford University Press
Release Date : 2012-06-13

The Global Limits Of Competition Law written by D. Daniel Sokol and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-13 with Law categories.


Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.



The Roles Of Innovation In Competition Law Analysis


The Roles Of Innovation In Competition Law Analysis
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Author : Paul Nihoul
language : en
Publisher:
Release Date : 2018

The Roles Of Innovation In Competition Law Analysis written by Paul Nihoul and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Antitrust law categories.


Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation. With chapters from well-established and up-and-coming competition law and economics scholars - from the Academic Society for Competition Law (ASCOLA) - this book reflects on the role innovation has played, and can continue to play, within competition and antitrust law. In addition to uncovering innovation concerns within their analysis, the authors also make important contributions to academic and policy debates on the relationship between these areas of law and other instruments of innovation regulation, such as data protection regulation, intellectual property law, the regulation of big data, platforms and artificial intelligence. Academics in competition and intellectual property law, economics and political science working on data protection or innovation more generally will find this book a useful insight into future challenges for constructing meaningful and effective laws within the area of innovation. Policymakers and practising lawyers will also find the example cases useful, especially for refining and restructuring perception about innovation in competition law. Contributors include: M. Botta, J.S. Frank, S. Hayashi, W. Kerber, P. Kuoppamäki, J. Kwoka, B. Lundqvist, M. Maggiolino, F. Marcos, M.L. Montagnani, P. Nihoul, V. Robertson, C. Seitz, B. Tangsatapornpan, P. Van Cleynenbreugel, J. Vesala, K. Wu, D. Zimmer, N. Zingales



Antitrust Law In Perspective


Antitrust Law In Perspective
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Author : Andrew I. Gavil
language : en
Publisher: Thomson West
Release Date : 2008-01-01

Antitrust Law In Perspective written by Andrew I. Gavil and has been published by Thomson West this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Antitrust law categories.




State Initiated Restraints Of Competition


State Initiated Restraints Of Competition
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Author : Josef Drexl
language : en
Publisher:
Release Date : 2015

State Initiated Restraints Of Competition written by Josef Drexl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Antitrust law categories.


States influence competition in the market in various ways. They often act themselves as market participants through state-owned enterprises. They regulate markets and specific sectors of the economy such as public utilities in particular. In some instances, market regulation explicitly aims to promote competition in the market. In other instances, regulatory schemes and decisions may inadvertently distort competition or openly promote conflicting objectives and even anti-competitive goals. Furthermore, states can distort competition among firms when they act as purchasers of goods and services as well as when they grant subsidies to individual firms. This book assembles contributions by competition law scholars who present new insights on the diversity of problems and challenges arising from state-initiated restraints of competition in jurisdictions from all around the world, not only including the EU and the US, but also Latin American countries, China, India and Australia.



Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings


Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings
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Author : Pierre Kobel
language : en
Publisher: Springer
Release Date : 2021-03-30

Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings written by Pierre Kobel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-30 with Law categories.


This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates 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.



The Antitrust Paradox


The Antitrust Paradox
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Author : Robert Bork
language : en
Publisher:
Release Date : 2021-02-22

The Antitrust Paradox written by Robert Bork and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with categories.


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.



Evidence Proof And Judicial Review In Eu Competition Law


Evidence Proof And Judicial Review In Eu Competition Law
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Author : Fernando Castillo de la Torre
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14

Evidence Proof And Judicial Review In Eu Competition Law written by Fernando Castillo de la Torre and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.


In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.