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The Atlantic Divide In Antitrust


The Atlantic Divide In Antitrust
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The Atlantic Divide In Antitrust


The Atlantic Divide In Antitrust
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Author : Daniel J. Gifford
language : en
Publisher: University of Chicago Press
Release Date : 2015-02-11

The Atlantic Divide In Antitrust written by Daniel J. Gifford and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Law categories.


The United States and the European Union operate the world’s two most powerful systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language. Yet the two regimes sometimes reach very different results on significant antitrust issues. In The Atlantic Divide in Antitrust, Daniel Gifford and Robert Kudrle show that a combination of differences in social values, political institutions, and legal precedent inhibit close convergence. The book explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, intellectual property, and Schumpeterian competition. The authors explore how the prevailing antitrust analyses differ in the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these several areas relate to each other. Several themes run through the substantive areas treated in the book: pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. The notorious Microsoft case offers a useful lens to examine copyright, patents, and trade secrets, and the authors take the opportunity to contemplate competition policy in dynamic, innovative industries more broadly. For the EU, competition policy has also functioned as a mechanism to bond national markets together in the EU structure; the USA, federal from the beginning, did not require this instrumental aspect in its antitrust doctrines. The Atlantic Divide concludes with forecasts and suggestions about how greater compatibility, if not convergence, might ultimately be attained.



The Atlantic Divide In Antitrust


The Atlantic Divide In Antitrust
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Author : Daniel J. Gifford
language : en
Publisher: University of Chicago Press
Release Date : 2015-02-11

The Atlantic Divide In Antitrust written by Daniel J. Gifford and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Law categories.


How is it that two broadly similar systems of competition law have reached different results across a number of significant antitrust issues? While the United States and the European Union share a commitment to maintaining competition in the marketplace and employ similar concepts and legal language in making antitrust decisions, differences in social values, political institutions, and legal precedent have inhibited close convergence. With The Atlantic Divide in Antitrust, Daniel J. Gifford and Robert T. Kudrle explore many of the main contested areas of contemporary antitrust, including mergers, price discrimination, predatory pricing, and intellectual property. After identifying how prevailing analyses differ across these areas, they then examine the policy ramifications. Several themes run throughout the book, including differences in the amount of discretion firms have in dealing with purchasers, the weight given to the welfare of various market participants, and whether competition tends to be viewed as an efficiency-generating process or as rivalry. The authors conclude with forecasts and suggestions for how greater compatibility might ultimately be attained.



Abusive Practices In Competition Law


Abusive Practices In Competition Law
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Author : Fabiana Di Porto
language : en
Publisher: Edward Elgar Publishing
Release Date :

Abusive Practices In Competition Law written by Fabiana Di Porto 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 with Antitrust law categories.


Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant?



Separation Of Powers And Antitrust


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.



Competition Law S Innovation Factor


Competition Law S Innovation Factor
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Author : Viktoria H S E Robertson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-06

Competition Law S Innovation Factor written by Viktoria H S E Robertson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-06 with Law categories.


In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.



Competition Law Enforcement In The Brics And In Developing Countries


Competition Law Enforcement In The Brics And In Developing Countries
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Author : Frederic Jenny
language : en
Publisher: Springer
Release Date : 2016-06-13

Competition Law Enforcement In The Brics And In Developing Countries written by Frederic Jenny and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-13 with Law categories.


This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.



Jones And Sufrin S Eu Competition Law


Jones And Sufrin S Eu Competition Law
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Author : Brenda Sufrin
language : en
Publisher: Oxford University Press
Release Date : 2023

Jones And Sufrin S Eu Competition Law written by Brenda Sufrin 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 2023 with Law categories.


The complete guide to EU competition law, combining key primary sources with expert author commentary.The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author teamNew to this Edition:Full analysis of important developments in competition law and policy since 2019, including relevant case-law, new EU legislation and notices and competition law goalsA comprehensive discussion of the evolving law and policy governing market definition, vertical, horizontal cooperation and sustainability agreementsA new chapter on competition law in the digital economy, incorporating a discussion of the Digital Markets Act



Jones And Sufrin S Eu Competition Law


Jones And Sufrin S Eu Competition Law
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Author : Alison Jones
language : en
Publisher:
Release Date : 2019

Jones And Sufrin S Eu Competition Law written by Alison Jones and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team.



Competition Law In Times Of Crisis


Competition Law In Times Of Crisis
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Author : Conor Talbot
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-12-11

Competition Law In Times Of Crisis written by Conor Talbot and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-11 with Law categories.


This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition law, the existence of identifiable baselines applicable in crisis conditions, the ability and role of national competition authorities in applying competition law, and the ways in which the European Commission’s overarching policy goals can influence the application of competition law. The decision to take an empirical approach to this research project stems from a conviction that an investigation into the real world situations faced by firms and consumers should underpin the evaluation of the applicable legal rules. Over the past number of years, the Commission has exerted more and more influence over the development of the regional and global airline industry, and this book identifies the emergence of an apparent overarching aim on the part of the Commission to create a market with a handful of ultra-competitive airlines with international reach serviced by an array of smaller feeder airlines on a regional basis. The study of Irish beef processing, on the other hand, identifies a high level of government involvement in providing the strategic thinking behind a crisis cartel scheme, and then demonstrates how the economic context exerted considerably more pressure on the government and the national court than on the competition authorities involved.



Promoting Competition In Innovation Through Merger Control In The Ict Sector


Promoting Competition In Innovation Through Merger Control In The Ict Sector
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Author : Kalpana Tyagi
language : en
Publisher: Springer
Release Date : 2019-06-21

Promoting Competition In Innovation Through Merger Control In The Ict Sector written by Kalpana Tyagi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-21 with Law categories.


This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.