Fairness In Antitrust
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Fairness In Antitrust
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Author : Adi Ayal
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Fairness In Antitrust written by Adi Ayal and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.
Counter Intuitive Fairness In Antitrust
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Author : Adi Ayal
language : en
Publisher:
Release Date : 2012
Counter Intuitive Fairness In Antitrust written by Adi Ayal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Antitrust originated in popular resistance to 17th century Royal Grants and 19th century economic power. This article contends that much of the guiding force of today's antitrust policy stems from these early sentiments, applied to thoroughly different legal and economic circumstances. Specifically, 'monopolists' constrained by antitrust law are very different today from their historical counterparts, sharing a name but little else. Modern antitrust, with its focus on price-theoretic micro-models, treats all bearers of market power alike - despite markets being narrowly defined and economic and political effects differing greatly among them. Antitrust, as practiced today, infringes upon rights to property and freedom of contract and 'gets away with it' simply by defining those constrained as 'monopolists.' This article challenges the underlying assumptions that monopolists as such deserve no protection and that by mere virtue of their monopolistic status can be constrained whenever it is in society's (or consumers') interest to do so. Monopolists' potential claims are assessed, as well as counter-arguments to such claims, within the framework of Rawls' theory of justice and his 'veil of ignorance' thought experiment. These allow for going beyond current biases to examine what a just society would demand of its economic actors, and when justice demands protection of those limited by today's antitrust policy.
Antitrust Procedural Fairness
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Author : D. Daniel Sokol
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Antitrust Procedural Fairness written by D. Daniel Sokol and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This book is a comparative reference on procedural fairness in global antitrust. It focuses on procedure at each stage of antitrust enforcement and considers how a lack of procedural fairness impairs competition law and policy, the benefits of embracing it, the case for establishing global best practices, and how this might be achieved.
Procedural Fairness In Competition Proceedings
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Author : Paul Nihoul
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-09-25
Procedural Fairness In Competition Proceedings written by Paul Nihoul 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 2015-09-25 with Law categories.
How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.
Fairness And Antitrust Reconsidered
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Author : Thomas Jeffrey Horton
language : en
Publisher:
Release Date : 2014
Fairness And Antitrust Reconsidered written by Thomas Jeffrey Horton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This Article reconsiders the antitrust fairness-versus-welfare debate from an evolutionary perspective. It discusses the various arguments against applying fairness norms in antitrust cases and then sets forth the arguments for reincorporating fairness norms into antitrust analyses. Building upon the evolutionary analyses in previous papers, and the growing "enthusiasm or approaches that try to link our morality to our evolutionary biology," This article recommends that courts and antitrust regulators apply an evolutionary analysis instead of the static economic consumer and total welfare norms in vogue today. The new focus would be on fairness norms, intent, and competitive harm.
Fair Competition
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Author : Joel B. Dirlam
language : en
Publisher: Praeger
Release Date : 1970-03-05
Fair Competition written by Joel B. Dirlam and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970-03-05 with Law categories.
The authors attempt to defend antitrust laws against the critics. After summarizing 15 years of court decisions, they conclude that the Sherman and Clayton Acts have not deviated from their historic and proper path.
Fairness In Antitrust In National Sports Fans Act Of 2001
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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 2001
Fairness In Antitrust In National Sports Fans Act Of 2001 written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Antitrust law categories.
Procedural Fairness In Chinese Antitrust
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Author : Jingyuan Ma
language : en
Publisher:
Release Date : 2018
Procedural Fairness In Chinese Antitrust written by Jingyuan Ma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This chapter offers an overview of procedural fairness in Chinese antitrust. To a certain extent, issues of procedural fairness are intertwined in China with substantive issues of competition law and economics. Part of the complexity has to do with the newness of the AML and with authorities working through a number of cases, industries, and types of conduct that are issues of first impression. Under such circumstances it takes time to build core competencies on the part of the competition authorities. Sometimes what may seem to be procedural fairness issues (such as delay or requests for information that does not seem directly related to the case at hand) may in fact be a function of authority staff coming up to speed on issues for which there is no institutional knowledge.The level of transparency in the Chinese system, at least on paper, bears a resemblance to the European system of procedural fairness in an antitrust setting. However, in practice, the lack of transparency and due process in China suggests behavior that does not comport with the emerging international norms. Similar to transparency concerns masking public interest factors are due process concerns masking public interest factors. Due to the multiple goals, the Chinese competition authorities are more active in their use of industrial policy on substantive decisions relative to the United States and Europe.
Regulating Competition In Stock Markets
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Author : Lawrence R. Klein
language : en
Publisher: John Wiley & Sons
Release Date : 2012-04-25
Regulating Competition In Stock Markets written by Lawrence R. Klein and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-25 with Business & Economics categories.
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.
Conceptualising Procedural Fairness In Eu Competition Law
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Author : Haukur Logi Karlsson
language : en
Publisher:
Release Date : 2020
Conceptualising Procedural Fairness In Eu Competition Law written by Haukur Logi Karlsson 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.
The problem of procedural fairness -- The essence of a procedure -- The structure and function of EU competition procedures -- Ethics for procedural architects -- The Model of fair rules -- Analysis of three fairness dilemmas -- An argument for a data-based democracy.