Competition Policy And The Economic Approach
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Competition Policy And The Economic Approach
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Competition Policy And The Economic Approach written by Josef Drexl 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 2011-01-01 with Business & Economics categories.
This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the .economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more .economic approach' has led to a modernisation of competition law throughout the world. This book comprehensivelyexamines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economicsin the field of competition will also find this book invaluable.
Competition Policy
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Author : Emmanuel Combe
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-22
Competition Policy written by Emmanuel Combe and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Law categories.
Competition Policy An Empirical and Economic Approach Emmanuel Combe It is a truism of competition that, paradoxically, those who were responsible for yesterday’s innovations and productivity become obstacles to future growth. This is why competition law has been assigned such an important role in modern countries—to detect and sanction anticompetitive practices that prevent the entry of new, efficient competitors. This utterly original book, which thoroughly explains competition policy using economic analyses of European and U.S. antitrust cases, illuminates the complex but crucial back-and-forth between economic theory and competition law practice. Covering the full range of competition policy, from antitrust (cartels, abuse of dominant position) to merger control, the book not only offers a general view of competition policy in Europe and the United States but also clearly explains the economic underpinnings that guide it, thus illustrating how principles are applied in practice. Issues and topics include the following: economic approach of antitrust sanctions; role of criminal sanctions and private actions; factors favoring cartel formation and stability; role of leniency policies; vertical restraints in the age of e-commerce; economic assessment of R&D and licensing agreements; detecting and sanctioning predatory pricing; exploitative and exclusionary abuses; and impact of a horizontal, vertical and conglomerate mergers on competition. All the major fields of competition policy are clearly explained, with many illustrative examples from case law. There is also a chapter presenting an overview of competition policies around the world, as well as the legal and institutional framework within which they operate. At a time of increasing public concern regarding high industrial concentration, especially in the digital sector, the question of regulating competition is returning to the forefront. Given that the concepts and tools of economic analysis are widely used by competition authorities, this book gives lawyers a clear understanding of the objectives and instruments of competition policy. It will thus enable corporate counsel, academics, and policymakers to apply or formulate competition law with increased precision in their day-to-day work.
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 Antitrust 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.
Competition Effects And Predictability
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Author : Bruce Wardhaugh
language : en
Publisher:
Release Date : 2020
Competition Effects And Predictability written by Bruce Wardhaugh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Antitrust law categories.
Introduction -- The Rule of Law and Why it Matters -- The Effects-Based Approach in the US : The Rule of Reason -- The Effects-Based Approach in the EU : The More Economic Approach -- Economics and the Effects-Based Approach -- Institutional Legitimacy and Competence -- Commercial and Legal Certainty -- Conclusion : Putting the Rule of Law Back into Antitrust.
New Developments In Competition Law And Economics
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Author : Klaus Mathis
language : en
Publisher: Springer
Release Date : 2019-03-18
New Developments In Competition Law And Economics written by Klaus Mathis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-18 with Law categories.
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.
European Competition Law And Economics
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Author : Roger van den Bergh
language : en
Publisher: Intersentia nv
Release Date : 2001
European Competition Law And Economics written by Roger van den Bergh and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Antitrust law categories.
The aim of this book is to explore the economic fundamentals of European competition law.
Eu Competition Law And Economics
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Author : Damien Geradin
language : en
Publisher: OUP Oxford
Release Date : 2012-03-22
Eu Competition Law And Economics written by Damien Geradin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.
The More Economic Approach To European Competition Law
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Author : Dieter Schmidtchen
language : en
Publisher:
Release Date : 2007
The More Economic Approach To European Competition Law written by Dieter Schmidtchen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Antitrust law categories.
Competition Policy Analysis
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Author : Kai Hüschelrath
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-09-08
Competition Policy Analysis written by Kai Hüschelrath and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-08 with Political Science categories.
Competition policy is an integral and prominent part of economic policy-making in the European Union. The EU Treaty prescribes its member states to conduct economic policy ‘in accordance with the principle of an open market economy with free competition’. More precisely, the goal of EU competition policy is “to defend and develop effective competition in the common market” (European Commission, 2000: 7). Under its Commissioners van Miert, Monti and, most - cently, Kroes the EU Commission has stepped up its effort to pursue and achieve the aforementioned goal. A number of so-called hard-core cartels, such as the - torious “vitamin cartel” led by Roche, have been detected, tried in violation of Art. 81 of the Maastricht Accord and punished with severe fines. Also Microsoft was hit hard by the strong hand of the Commission having been severely fined for - ploiting a dominant market position. Economic analysis has been playing an increasingly significant role in the Commission’s examination of competition law cases. This holds true in particular for merger control. Here, however, the Commission has had to accept some poi- ant defeats in court, such as the Court’s reversals of Airtours-First Choice or GE- Honeywell. Among other things, the European Court of Justice found the e- nomic analysis as conducted by the EU’s Directorate General for Competition to be flawed and the conclusions drawn not to be convincing. These rejections by the courts have stirred up the scholarly debate on the conceptual foundations of Eu- pean competition policy.
The More Economic Approach To Eu Antitrust Law
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Author : Anne C Witt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-17
The More Economic Approach To Eu Antitrust Law written by Anne C Witt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-17 with Law categories.
In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.