Separation Of Powers And Antitrust

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Separation Of Powers And Antitrust
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Author : Vincent Martenet
language : en
Publisher: Cambridge University Press
Release Date : 2023-10-12
Separation Of Powers And Antitrust written by Vincent Martenet and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-12 with Law categories.
Notes bibliogr., Bibliogr. p. (187-217), index.
Separation Of Powers And Antitrust
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Author : Vincent Martenet
language : en
Publisher:
Release Date : 2024
Separation Of Powers And Antitrust written by Vincent Martenet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Antitrust law categories.
Separation of powers and antitrust deal with power and occupy centre stage in our challenging, digital times, but their interactions have not yet been analysed. This timely and ground-breaking book provides an innovative cross-disciplinary analysis of the potential convergence of these two fields. Notably, Vincent Martenet examines the concentration of politico-economic power in the hands of a few digital firms which have adopted private regulation, impacting an entire industry and society at large. He combines doctrinal method with historical developments, case studies, assessment of legislative proposals, and observations on the functioning of digital markets and democracy in the digital era. The book sketches important new axes of the separation of powers and suggests that antitrust may contribute, albeit in a limited way, to greater trust in both society and democracy: 'antitrust for trust', the ultimate apparent antitrust paradox.
New Challenges To The Separation Of Powers
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Author : Antonia Baraggia
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
New Challenges To The Separation Of Powers written by Antonia Baraggia 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 2020-11-27 with Law categories.
This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.
Populism And Antitrust
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Author : Maciej Bernatt
language : en
Publisher: Cambridge University Press
Release Date : 2022-02-24
Populism And Antitrust written by Maciej Bernatt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
Populism and Antitrust examines the influence of populism on competition law and shows how populism can lead to illiberal changes.
The Perils Of Partnership
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Author : Jonathan H. Marks
language : en
Publisher: Oxford University Press
Release Date : 2019-01-31
The Perils Of Partnership written by Jonathan H. Marks and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-31 with Philosophy categories.
Countless public health agencies are trying to solve our most intractable public health problems -- among them, the obesity and opioid epidemics -- by partnering with corporations responsible for creating or exacerbating those problems. We are told industry must be part of the solution. But is it time to challenge the partnership paradigm and the popular narratives that sustain it? In The Perils of Partnership, Jonathan H. Marks argues that public-private partnerships and multi-stakeholder initiatives create "webs of influence" that undermine the integrity of public health agencies; distort public health research and policy; and reinforce the framing of public health problems and their solutions in ways that are least threatening to the commercial interests of corporate "partners". We should expect multinational corporations to develop strategies of influence -- but public bodies can and should develop counter-strategies to insulate themselves from corporate influence in all its forms. Marks reviews the norms that regulate public-public interactions (separation of powers) and private-private interactions (antitrust and competition law), and argues for an analogous set of norms to govern public-private interactions. He also offers a novel framework to help public bodies identify the systemic ethical implications of their current or proposed relationships with industry actors. Marks makes a compelling case that the default public-private interaction should be at arm's length: separation, not collaboration. He calls for a new paradigm that avoids the perils of corporate influence and more effectively protects and promotes public health. The Perils of Partnership is essential reading for public health officials and policymakers -- but anyone interested in public health will recognize the urgency of this book.
Competition Effects And Predictability
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Author : Bruce Wardhaugh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-16
Competition Effects And Predictability written by Bruce Wardhaugh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-16 with Law categories.
In the US and EU, legal analysis in competition cases is conducted on a case-by-case approach. This approach assesses each particular practice for both its legality and its welfare effects. While this analytic method has the merits of 'getting the result right' by, inter alia, reducing error costs in antitrust adjudication, it comes at a cost of certainty, predictability and clarity in the legal principles which govern antitrust law. This is a rule of law concern. This is the first book to explore this tension between Europe's 'More Economic Approach', the US's Rule of Reason, and the Rule of Law. The tension manifests itself in the assumptions in and choice of analytic method; the institutional agents driving this effects based approach and their competency to use and assess the results of the methodology they demand; and, the nature and stability of the legal principles used in modern effects-based competition analysis. The book forcefully argues that this approach to competition law represents a threat to the rule of law. Competition, Effects and Predictability will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.
Restoring Effective Enforcement Of The Anti Trust Laws
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
language : en
Publisher:
Release Date : 1979
Restoring Effective Enforcement Of The Anti Trust Laws written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Antitrust law categories.
Private Antitrust Litigation In The European Union And Japan
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Author : Simon Vande Walle
language : en
Publisher: Maklu
Release Date : 2013
Private Antitrust Litigation In The European Union And Japan written by Simon Vande Walle and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
The New Separation Of Powers
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Author : Eoin Carolan
language : en
Publisher: Oxford University Press
Release Date : 2009-10-08
The New Separation Of Powers written by Eoin Carolan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-08 with Language Arts & Disciplines categories.
This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.
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.