Competition Policy And Price Fixing
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Competition Policy And Price Fixing
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Author : Louis Kaplow
language : en
Publisher: Princeton University Press
Release Date : 2013-06-30
Competition Policy And Price Fixing written by Louis Kaplow and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-30 with Business & Economics categories.
Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes price fixing, and prevalent understandings conflict with the teachings of oligopoly theory that supposedly underlie modern competition policy. Competition Policy and Price Fixing provides the needed analytical foundation. It offers a fresh, in-depth exploration of competition law's horizontal agreement requirement, presents a systematic analysis of how best to address the problem of coordinated oligopolistic price elevation, and compares the resulting direct approach to the orthodox prohibition. In doing so, Louis Kaplow elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, Kaplow shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, he explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior--and is also easier to apply.
Global Competition Policy
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Author : Edward Montgomery Graham
language : en
Publisher: Peterson Institute
Release Date : 1997
Global Competition Policy written by Edward Montgomery Graham and has been published by Peterson Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Business & Economics categories.
There is growing consensus among international trade negotiators and policymakers that a prime area for future multilateral discussion is competition policy. Competition policy includes antitrust policy (including merger regulation and control) but is often extended to include international trade measures and other policies that affect the structure, conduct, and performance of individual industries. This study includes country studies of competition policy in Western Europe, North America, and the Far East (with a focus on Japan) in the light of increasingly globalized activities of business firms. Areas where there are major differences in philosophy, policy, or practice are identified, with emphasis on those differences that could lead to economic costs and international friction. Alternatives for eliminating these costs and frictions are discussed, including unilateral policy changes, bilateral or multilateral harmonization of policies, and creation of new international regimes to supplement or replace national or regional regimes.
Bye Bye Bargains
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy
language : en
Publisher:
Release Date : 2010
Bye Bye Bargains written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The Discount Pricing Consumer Protection Act
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Competition Policy, and Consumer Rights
language : en
Publisher:
Release Date : 2010
The Discount Pricing Consumer Protection Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Competition Policy, and Consumer Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
Comparative Competition Law And Economics
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Author : Roger J. Van den Bergh
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-09-29
Comparative Competition Law And Economics written by Roger J. Van den Bergh 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 2017-09-29 with Law categories.
Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches.
The Law And Economics Of Competition Policy
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Author : G. Frank Mathewson
language : en
Publisher:
Release Date : 1990
The Law And Economics Of Competition Policy written by G. Frank Mathewson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Business & Economics categories.
Competition Law And Policy In The Ec And Uk
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Author : Barry Rodger
language : en
Publisher: Routledge
Release Date : 2008-10-03
Competition Law And Policy In The Ec And Uk written by Barry Rodger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-03 with Law categories.
Competition law, at both the EC and UK levels, plays an important and ever-increasing role in regulating the conduct of businesses. Based on the premise that open and fair competition is good for both consumers and businesses, competition law prevents businesses from entering into anti-competitive agreements and from abusing their dominant market position. Competition Law and Policy in the EC and UK looks at how competition law affects business, including: co-ordinated actions; pricing behaviour; take-overs and mergers; and state subsidies. It provides a clear guide to and outline of the general policies behind, and the main provisions of EC and UK competition law. Information is presented within a structured framework, complete with a glossary of useful terminology. This fourth edition has been revised and updated to take into account developments since publication of the previous edition, including expanded coverage of the regulation of cartels, the development of private enforcement, the consideration of IP issues in Microsoft, and extended discussion of UK competition Law.
Recent Developments In Monopoly And Competition Policy
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Author : George Norman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008
Recent Developments In Monopoly And Competition Policy written by George Norman 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 2008 with Business & Economics categories.
The formulation and application of competition policy presents significant challenges. These include showing that proposed mergers are anticompetitive, proving that firms are members of cartels and defending apparently restrictive vertical agreements. The editor has selected key papers that illustrate how far we have come towards meeting these challenges. They provide comprehensive coverage of the theory that underpins competition policy, and of the econometric tests that demonstrate its effects and violations. This timely book will be an invaluable resource to researchers and practitioners alike with an interest in this important subject.
Rethinking Price Fixing Law
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Author : Michael J. Trebilcock
language : en
Publisher:
Release Date : 2010
Rethinking Price Fixing Law written by Michael J. Trebilcock and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Section 45 of the Competition Act prohibits price-fixing and other forms of horizontal agreements among rivals by imposing criminal sanctions on parties to arrangements which "unduly lessen competition." The authors argue that there are policy reasons for rethinking the current price-fixing prohibition. The authors argue that many horizontal arrangements by contract (through agreements among rivals) are similar to horizontal arrangements by ownership (through mergers). In the 1986 amendments to the Competition Act, Parliament removed merger review from the purview of criminal courts and gave the Competition Tribunal jurisdiction over mergers. The authors propose similar amendments to section 45 of the Competition Act, and argue that all horizontal arrangements other than naked price-fixing ought to be subject only to civil review by the Competition Tribunal. Naked price-fixing, they tell us, is always anti-competitive and should therefore continue to attract criminal penalties and remain within the jurisdiction of criminal courts. Having outlined the appropriate focus of a criminal prohibition, the authors proceed to frame a criminal price-fixing prohibition that will target only naked price-fixing arrangements without at the same time targeting potentially pro-competitive arrangements. Many horizontal arrangements are pro-competitive joint ventures, for example, yet may have the ancillary effect of fixing prices. At the same time, arrangements which purport to be pro-competitive may in fact be naked price-fixing arrangements in disguise. Since price-fixing prohibitions are central features of competition laws all over the world, the authors undertake a comparative review of the price-fixing regimes in the United States, the European Community, the United Kingdom, Germany, Australia and New Zealand to determine the extent to which those jurisdictions have been able to maintain workable distinctions between naked price-fixing arrangements and potentially pro-competitive arrangements. From the jurisdictions surveyed, the authors conclude that it is impossible to frame a criminal prohibition against naked price-fixing arrangements which will not, in many cases, target pro-competitive arrangements. The authors therefore propose a new focus to a criminal prohibition. Since most naked price-fixing is covert, the authors propose to make covert arrangements the target of the criminal prohibition. That is, the authors propose to distinguish covert arrangements from overt arrangements, rather than distinguishing naked price-fixing from price-fixing which is ancillary to some pro-competitive objective. The authors propose amendments which would confer immediate immunity from criminal sanctions on parties who notify the Bureau of Competition Policy of their arrangements. Notified arrangements would then be subject only to prospective civil review by the Competition Tribunal. Parties to price-fixing arrangements who do not notify their arrangements to the Bureau would remain subject to criminal penalties.
A Framework For The Design And Implementation Of Competition Law And Policy
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Author : R. S. Khemani
language : en
Publisher: World Bank Publications
Release Date : 1999
A Framework For The Design And Implementation Of Competition Law And Policy written by R. S. Khemani and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
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.