Market Power Competition And Antitrust Policy
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Market Power Competition And Antitrust Policy
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Author : William Lee Baldwin
language : en
Publisher: Irwin Professional Publishing
Release Date : 1987
Market Power Competition And Antitrust Policy written by William Lee Baldwin and has been published by Irwin Professional Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Business & Economics categories.
Competition Laws In Conflict
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Author : Richard Allen Epstein
language : en
Publisher: American Enterprise Institute
Release Date : 2004
Competition Laws In Conflict written by Richard Allen Epstein and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.
Market Dominance And Antitrust Policy
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Author : Michael A. Utton
language : en
Publisher: Edward Elgar Publishing
Release Date : 2005-01-01
Market Dominance And Antitrust Policy written by Michael A. Utton 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 2005-01-01 with Business & Economics categories.
Market dominance - encompassing single firm dominance, overt and tacit collusion, mergers and vertical restraints - raises many complex analytical and policy issues, all of which continue to be the subject of theoretical research and policy reform. This second edition of a popular and comprehensive text extends the arguments and combines an analysis of the issues with a discussion of actual policy and case studies. This new edition addresses the recent fundamental changes in antitrust law, especially in the UK and the EU, and reviews some high profile and controversial cases such as the Boeing-McDonnell Douglas merger and the Microsoft monopoly. The author moves on to deal with several unresolved questions including the conflicts between trade and antitrust policy, the foreign take-over of domestic assets and extra-territorial claims made by certain countries.
Antitrust Policy
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Author : Carl Kaysen
language : en
Publisher:
Release Date : 1959
Antitrust Policy written by Carl Kaysen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Business & Economics categories.
No detailed description available for "Antitrust Policy".
Firm Dominance In Eu Competition Law
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Author : Jorge Marcos Ramos
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-02-20
Firm Dominance In Eu Competition Law written by Jorge Marcos Ramos 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 2020-02-20 with Law categories.
How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union’s (EU’s) Article 102 case law, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed – today’s tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power—that a dynamic understanding of dominance requires looking both forwards and backwards in time—the author examines such sources of dominance as the following: ‒ statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; ‒ legacy firms such as the telecommunications or transport industries; ‒ natural monopolies, e.g., the exploitation of a mine; ‒ investment efforts undertaken in a competitive environment; ‒ intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; ‒ lucky monopolies; and ‒ anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competition law enforcement should be fine-tuned to adequately incorporate the origins of firm dominance into the analysis of single-firm behavior, the book makes a major contribution to the analysis of anticompetitive effects. Practitioners, competition authorities, and academics in competition law will greatly appreciate the book’s combination of legal analysis and recommendations for policy reform.
Controlling Mergers And Market Power
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Author : John Kwoka
language : en
Publisher:
Release Date : 2020-05-05
Controlling Mergers And Market Power written by John Kwoka and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-05 with Business & Economics categories.
This is an important and timely contribution from a prominent antitrust economist and policy advisor. It has been many decades since questions about antitrust enforcement have been so prominent in political, economic, and scholarly debate. Mergers in countless industries, rising concentration throughout the economy, and the dominance of tech giants have brought renewed attention to the role and the responsibility of antitrust policy.
Competition Policy And The Control Of Buyer Power
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Author : Peter C. Carstensen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-09-29
Competition Policy And The Control Of Buyer Power written by Peter C. Carstensen 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.
This book provides a comprehensive overview of the economic and competition policy issues that buyer power creates. Drawing on economic analysis and cases from around the world, it explains why conventional seller side standards and analyses do not provide an adequate framework for responding to the problems that buyer power can create. Based on evidence that abuse of buyer power is a serious problem for the competitive process, the book evaluates the potential for competition law to deal directly with the problems of abuse either through conventional competition law or special rules aimed at abusive conduct. The author also examines controls over buying groups and mergers as potentially more useful responses to risks created by undue buyer power.
The International Handbook Of Competition
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Author : Manfred Neumann
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
The International Handbook Of Competition written by Manfred Neumann 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 2013-01-01 with Law categories.
ÔThis comprehensive Handbook demonstrates that academic thinking, new and old, has a role to play in shaping modern competition policy.Õ Ð Gunnar Niels, Oxera This indispensable Handbook examines the interface of competition policy, competition law and industrial economics. The book aims to further our understanding of how economic reasoning and legal expertise complement each other in defining the fundamental issues and principles in competition policy. In specially commissioned chapters the book provides a scholarly review of economic theory, empirical evidence and standards of legal evaluation with respect to monopolization of markets, exploitation of market power and mergers, among other issues. The International Handbook of Competition Ð Second Edition will be accessible to a wide audience including students of economics and law, public administrators, lawyers, consultants, and business executives.
Market Power In Eu Antitrust Law
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Author : Luis Ortiz Blanco
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-12-02
Market Power In Eu Antitrust Law written by Luis Ortiz Blanco and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-02 with Law categories.
The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.
Economics In Antitrust Policy
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Author : Mark Steiner
language : en
Publisher: Universal-Publishers
Release Date : 2007
Economics In Antitrust Policy written by Mark Steiner and has been published by Universal-Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
In the field of antitrust, the freedoms to contract and compete can and do contradict. Profit-maximizing companies desire perfectly competitive input markets to minimize their costs, but want monopolistic markets for their outputs to maximize their profits. Consequently, they have strong incentives to undermine competition in their output markets. In a world without antitrust laws, many companies would thus eliminate competition by using their freedom to contract, either by entering into legally enforceable agreements which fix prices or divide up markets, or by merging and acquiring rivals to gain market control. Therefore, guaranteeing and safeguarding companies' abilities to compete comes at the cost of restricting their freedoms to contract. The states role in this task is a delicate one though: government intervention itself necessarily limits the economic freedom of individuals and firms, and limiting the freedom of contract has potentially detrimental effects on economic activity as well. Hence, antitrust policy must find the right balance between the two freedoms of competition and contract, allowing competition to flourish while upholding the contractual freedoms necessary for a functioning market. The policies in the U.S. and Europe used to protect competition with per se rules, setting clear boundaries for the freedom to contract where it interfered with the freedom to compete. Over the past decades, improvements in economic analysis provided measurable dimensions for 'competition' through measures like efficiency and welfare. With these new and complex economic tools, the aim of an antitrust policy moved away from an 'indirect' mechanism which provided and enforced a strict framework of negative per se rules within which the competitive process was allowed to happen. The current policies directly aim at promoting welfare by attempting to 'balance' the welfare effects of individual business practices, permitting contracts or mergers with benign effects and prohibiting contracts with detrimental effects on welfare in potentially every case. These economic insights have promoted a better understanding of the competitive process and contributed to improved antitrust rules. However, in the actual enforcement of antitrust laws, recent developments caused by the influence of economic analysis have had a detrimental impact on antitrust policy in both the U.S. and the EU. First, it increased the discretion of competition authorities, lowering legal certainty for companies and increasing the potential for wrong decisions. Second, it gave companies incentives to waste resources on rent seeking activities by using economic analyses to demonstrate efficiencies in complicated and timely investigations and litigation. And third, the predominant use of economic analysis has massively increased the costs of enforcement. This thesis is the first one to depict these negative effects caused by recent developments and shows that a policy with clear limitations through proposed per se rules would be superior for it would eliminate the illustrated negative effects.