Rethinking Price Fixing Law
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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.
Rethinking Price Fixing
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Author : Richard S. Wirtz
language : en
Publisher:
Release Date : 1987
Rethinking Price Fixing written by Richard S. Wirtz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Price regulation categories.
Antitrust Law Journal
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Author :
language : en
Publisher:
Release Date : 1986
Antitrust Law Journal written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Energy policy categories.
Rethinking The Law Of Contract Damages
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Author : Victor P. Goldberg
language : en
Publisher:
Release Date : 2019
Rethinking The Law Of Contract Damages written by Victor P. Goldberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Breach of contract categories.
In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.
The Notion Of Restriction Of Competition
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Author : Damien Gerard
language : en
Publisher: Bruylant
Release Date : 2017-03-16
The Notion Of Restriction Of Competition written by Damien Gerard and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-16 with Law categories.
The transformations induced by the process of “modernisation”, including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.
Rethinking Food Systems
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Author : Nadia C.S. Lambek
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-10
Rethinking Food Systems written by Nadia C.S. Lambek 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 2014-01-10 with Science categories.
Taking as a starting point that hunger results from social exclusion and distributional inequities and that lasting, sustainable and just solutions are to be found in changing the structures that underlie our food systems, this book examines how law shapes global food systems and their ongoing transformations. Using detailed case studies, historical mapping and legal analysis, the contributors show how various actors (farmers, civil society groups, government officials, international bodies) use or could use different legal tools (legislative, jurisprudential, norm-setting) on various scales (local, national, regional, global) to achieve structural changes in food systems. Section 1, Institutionalizing New Approaches, explores the possibility of institutionalizing social change through two alternative visions for change – the right to food and food sovereignty. Individual chapters discuss Vía Campesina’s struggle to implement food sovereignty principles into international trade law, and present case studies on adopting food sovereignty legislation in Nicaragua and right to food legislation in Uganda. The chapters in Section 2, Regulating for Change, explore the extent to which the regulation of actors can or cannot change incentives and produce transformative results in food systems. They look at the role of the state in regulating its own actions as well as the actions of third parties and analyze various means of regulating land grabs. The final section, Governing for Better Food Systems, discusses the fragmentation of international law and the impacts of this fragmentation on the realization of human rights. These chapters trace the underpinnings of the current global food system, explore the challenges of competing regimes of intellectual property, farmers rights and human rights, and suggest new modes of governance for global and local food systems. The stakes for building better food systems are high. Our current path leaves many behind, destroying the environment and entrenching inequality and systemic poverty. While it is commonly understood that legal structures are at the heart of food systems, the legal academy has yet to make a significant contribution to recent discussions on improving food systems - this book aims to fill that gap.
Reconsidering Reagan
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Author : Daniel S. Lucks
language : en
Publisher: Beacon Press
Release Date : 2020-08-04
Reconsidering Reagan written by Daniel S. Lucks and has been published by Beacon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-04 with Biography & Autobiography categories.
2021 Prose Award Finalist A long-overdue and sober examination of President Ronald Reagan’s racist politics that continue to harm communities today and helped shape the modern conservative movement. Ronald Reagan is hailed as a transformative president and an American icon, but within his twentieth-century politics lies a racial legacy that is rarely discussed. Both political parties point to Reagan as the “right” kind of conservative but fail to acknowledge his political attacks on people of color prior to and during his presidency. Reconsidering Reagan corrects that narrative and reveals how his views, policies, and actions were devastating for Black Americans and racial minorities, and that the effects continue to resonate today. Using research from previously untapped resources including the Black press which critically covered Reagan’s entire political career, Daniel S. Lucks traces Reagan’s gradual embrace of conservatism, his opposition to landmark civil rights legislation, his coziness with segregationists, and his skill in tapping into white anxiety about race, riding a wave of “white backlash” all the way to the Presidency. He argues that Reagan has the worst civil rights record of any President since the 1920s—including supporting South African apartheid, packing courts with conservatives, targeting laws prohibiting discrimination in education and housing, and launching the “War on Drugs”—which had cataclysmic consequences on the lives of Black and Brown people. Linking the past to the present, Lucks expertly examines how Reagan set the blueprint for President Trump and proves that he is not an anomaly, but in fact the logical successor to bring back the racially tumultuous America that Reagan conceptualized.
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.
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.
Re Thinking Socio Economic Rights In An Insecure World
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Author : Nsongurua Udombana
language : en
Publisher: Central European University Press
Release Date : 2005-01-01
Re Thinking Socio Economic Rights In An Insecure World written by Nsongurua Udombana and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Political Science categories.
From November 28 - 29, 2005, the Center for Human Rights of Central European University (CEU) organized a roundtable around the theme: Re-thinking Socio-Economic Rights in an Insecure World. The roundtable brought together scholars and human rights practitioners from different regions to reflect on the following questions relating to social and economic rights, particularly in the context of the global insecurity: If social rights are human rights, how does the failure to advance these rights undermine security? Are social rights human rights or do the claims they incorporate represent social needs? Are they moral or legal rights? Who has a duty to respect these rights? Is there a hierarchy among those who have such duties? How can these duties be fulfilled? What is an appropriate approach to social and economic concerns in developing countries? Is the argument for socio-economic rights an argument that overcomes the causes and legacy of conflicts? Do socio-economic rights deserve constitutional protection? What are the problems behind constitutional protection of such rights? Is the vagueness of social and economic rights an enough reason not to assign such rights to people? Is the rhetoric of social and economic rights helpful in protecting marginalized and neglected groups?