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Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition (Hart Studies in Competition Law)
by Bruce WardhaughIn 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.
Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition (Hart Studies in Competition Law)
by Bruce WardhaughIn 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.
Competition Enforcement and Procedure
by Renato NazziniThis is the first work to disentangle the procedural complexities of the interplay between public and private enforcement of competition law in the EU and in the UK as well as in its transnational, multi-jurisdictional dimension. Now in its second edition, the work considers a number of crucially important legal developments in relation to the enforcement of competition law globally and within the European Union including the EU Directive on damages actions, the reforms of the UK public enforcement regime in the Enterprise and Regulatory Reform Act 2013, the reforms of the UK private enforcement regime brought about by the Consumer Rights Act 2015, and recent case law developments on public and private enforcement. This volume contains an in-depth examination of the principles and policies underlying the interplay of administrative, criminal and civil proceedings and explains in detail the practical solutions and strategies available in light of the relevant legislation and case law. Fully revised and updated with developments in jurisprudence across the US, UK, and EU, this is the most comprehensive and authoritative practitioner guide to this fast-moving and complex area of law.
Competition Enforcement and Procedure
by Renato NazziniThis is the first work to disentangle the procedural complexities of the interplay between public and private enforcement of competition law in the EU and in the UK as well as in its transnational, multi-jurisdictional dimension. Now in its second edition, the work considers a number of crucially important legal developments in relation to the enforcement of competition law globally and within the European Union including the EU Directive on damages actions, the reforms of the UK public enforcement regime in the Enterprise and Regulatory Reform Act 2013, the reforms of the UK private enforcement regime brought about by the Consumer Rights Act 2015, and recent case law developments on public and private enforcement. This volume contains an in-depth examination of the principles and policies underlying the interplay of administrative, criminal and civil proceedings and explains in detail the practical solutions and strategies available in light of the relevant legislation and case law. Fully revised and updated with developments in jurisprudence across the US, UK, and EU, this is the most comprehensive and authoritative practitioner guide to this fast-moving and complex area of law.
Competition for Public Transport Services: Institutional Framework and Empirical Evidence of Bus Services in Germany (Contributions to Economics)
by Arne BeckThis book evaluates the successes, failures, and factors that influence the competition for public bus transport services. Using Germany as a case study, the author explains the dichotomous system of a market with licenses for commercial services, where operators are granted exclusivity, and licenses for non-commercial services, where supplementary direct subsidies are tendered out by public transport authorities. The empirical analysis is based on primary data usually not publicly available, and supplemented by numerous expert interviews. The book aims to provide a basic understanding of the players and their options, offer insights into the German model, and make policy recommendations for those whose goal is to increase competition.
Competition in Higher Education Branding and Marketing: National and Global Perspectives (PDF)
by Antigoni PapadimitriouThis volume provides a critical examination of branding and marketing in higher education from national, regional, and global perspectives. Contributors with expertise in higher education, sociology, comparative and international education, marketing, rankings, and educational philanthropy use novel theoretical frameworks and cases from Africa, Asia, Europe, Latin America, and the US to map the brandscape of higher education. Empirical cases and literature analysis show that brand building is becoming a deliberate goal for higher education. This book illustrates student-institution dynamics, as well as the critical role of policy and professionalization to support branding and marketing strategies in higher education in relation to equity.
Competition, Innovation and the Microsoft Monopoly: Proceedings of a conference held by The Progress & Freedom Foundation in Washington, DC February 5, 1998
by Jeffrey A. Eisenach Thomas M. LenardDo the antitrust laws have a place in the digital economy or are they obsolete? That is the question raised by the government's legal action against Microsoft, and it is the question this volume is designed to answer. America's antitrust laws were born out of the Industrial Revolution. Opponents of the antitrust laws argue that whatever merit the antitrust laws may have had in the past they have no place in a digital economy. Rapid innovation makes the accumulation of market power practically impossible. Markets change too quickly for antitrust actions to keep up. And antitrust remedies are inevitably regulatory and hence threaten to `regulate business'. A different view - and, generally, the view presented in this volume - is that antitrust law can and does have an important and constructive role to play in the digital economy. The software business is new, it is complex, and it is rapidly moving. Analysis of market definition, contestibility and potential competition, the role of innovation, network externalities, cost structures and marketing channels present challenges for academics, policymakers and judges alike. Evaluating consumer harm is problematic. Distinguishing between illegal conduct and brutal - but legitimate - competition is often difficult. Is antitrust analysis up to the challenge? This volume suggests that antitrust analysis `still works'. In stark contrast to the political rhetoric that has surrounded much of the debate over the Microsoft case, the articles presented here suggest neither that Microsoft is inherently bad, nor that it deserves a de facto exemption from the antitrust laws. Instead, they offer insights - for policymakers, courts, practitioners, professors and students of antitrust policy everywhere - on how antitrust analysis can be applied to the business of making and marketing computer software.
Competition is Killing Us: How Big Business is Harming Our Society and Planet - and What To Do About It
by Michelle MeagherWe live in the age of big companies where rising levels of power are concentrated in the hands of a few. Yet no government or organisation has the power to regulate these titans and hold them to account. We need big companies to share their power and we, the people of the world, need to reclaim it. In Competition is Killing Us, top business and competition lawyer Michelle Meagher establishes a new framework to control capitalism from the inside in order to make it work for the many and not just the few. Meagher has spent years campaigning against these multi-billion and trillion dollar mammoths that dominate the market and prioritise shareholder profits over all else; leading to extreme wealth inequality, inhumane conditions for workers and relentless pressure on the environment.In this revolutionary book, she introduces her wholly-achievable alternative; a fair and comprehensive competition law that limits unfair mergers, enforces accountability and redistributes power through stakeholder governance.
Competition Law: A Comparative Analysis of US Antitrust Law and EC Competition Law
by Eugene ButtigiegAlthough it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of ‘consumer welfare’ with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field – comparing and contrasting two major systems of competition law – but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.
Competition Law
by Rosa GreavesThis book was published in 2003. Competition/anti-trust law, as a separate body of law, is very much a creation of the 20th century and grew only in maturity in the latter half of that century. As developments in US anti-trust law have had, and continue to have, an important influence on the development of competition law in Europe and worldwide, articles have been selected for this collection from both sides of the Atlantic. The volume focuses on the following aspects: the objectives and nature of competition law, the scope of competition law, selected legal concepts and challenges in competition law, and the global application of competition law.
Competition Law: Volume Ii (The\library Of Essays On Antitrust And Competition Law Ser.)
by Rosa GreavesThis book was published in 2003. Competition/anti-trust law, as a separate body of law, is very much a creation of the 20th century and grew only in maturity in the latter half of that century. As developments in US anti-trust law have had, and continue to have, an important influence on the development of competition law in Europe and worldwide, articles have been selected for this collection from both sides of the Atlantic. The volume focuses on the following aspects: the objectives and nature of competition law, the scope of competition law, selected legal concepts and challenges in competition law, and the global application of competition law.
Competition Law: Analysis, Cases, & Materials (Global Competition Law And Economics Ser. #4)
by Ioannis Lianos Valentine Korah Paolo SicilianiThis casebook, designed for a readership of graduate students, policy makers, and practitioners in competition law, aims to provide a comprehensive reference on EU and UK competition law. While the majority of the text comprises analysis supplemented with detailed commentary and analysis of judgments, NCA and Commission decisions, and legislation, the casebook also gives a high-level introduction to the design and history of EU and UK competition law, including an overview of the main actors and their objectives, furnishing students with the understanding of the law required to practise competition law. In particular, the casebook takes an interdisciplinary approach to the subject, featuring a substantial section on the economic context of competition law accessible even to those with no economics background. The book is accompanied by specialist volumes on intellectual property and enforcement and procedure.
Competition Law: Analysis, Cases, & Materials
by Ioannis Lianos Valentine Korah Paolo SicilianiThis casebook, designed for a readership of graduate students, policy makers, and practitioners in competition law, aims to provide a comprehensive reference on EU and UK competition law. While the majority of the text comprises analysis supplemented with detailed commentary and analysis of judgments, NCA and Commission decisions, and legislation, the casebook also gives a high-level introduction to the design and history of EU and UK competition law, including an overview of the main actors and their objectives, furnishing students with the understanding of the law required to practise competition law. In particular, the casebook takes an interdisciplinary approach to the subject, featuring a substantial section on the economic context of competition law accessible even to those with no economics background. The book is accompanied by specialist volumes on intellectual property and enforcement and procedure.
Competition Law
by Richard Whish David BaileyWhish and Bailey's Competition Law is the definitive textbook on this subject. An authoritative treatment of competition law is paired with an easy-to-follow writing style to make this comprehensive guide essential reading for law students, practitioners, and officials. The authors explain the purpose of competition policy, introduce the reader to key concepts and techniques in competition law, and provide insights into the numerous issues that arise when analysing market behaviour. Describing the law in its economic and market context, they particularly consider the competition law implications of business phenomena such as distribution agreements, licences of intellectual property rights, cartels, joint ventures, and mergers. The book assimilates a wide variety of resources, including judgments, decisions, guidelines, and periodical literature. This definitive guide to competition law is regularly used in universities, law firms, economic consultancies, competition authorities and courts. Digital formats and resources: The tenth edition is available for students and institutions to purchase in a variety of formats.
Competition Law
by Richard Whish David BaileyWhish and Bailey's Competition Law is the definitive textbook on this subject. An authoritative treatment of competition law is paired with an easy-to-follow writing style to make this comprehensive guide essential reading for law students, practitioners, and officials. The authors explain the purpose of competition policy, introduce the reader to key concepts and techniques in competition law, and provide insights into the numerous issues that arise when analysing market behaviour. Describing the law in its economic and market context, they particularly consider the competition law implications of business phenomena such as distribution agreements, licences of intellectual property rights, cartels, joint ventures, and mergers. The book assimilates a wide variety of resources, including judgments, decisions, guidelines, and periodical literature. This definitive guide to competition law is regularly used in universities, law firms, economic consultancies, competition authorities and courts. Digital formats and resources: The tenth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Competition Law
by Richard Whish David BaileyWhish and Bailey's Competition Law is the definitive textbook on this subject. An authoritative treatment of competition law is paired with an easy-to-follow writing style to make this book a comprehensive guide to the subject; essential reading for law students, practitioners, and officials. The authors explain the purpose of competition policy, introduce the reader to key concepts and techniques in competition law and provide insights into the numerous different issues that arise when analysing market behaviour. Describing the law in its economic and market context, they particularly consider the competition law implications of business phenomena, including distribution agreements, licences of intellectual property rights, cartels, joint ventures, and mergers. The book assimilates a wide variety of resources, including judgments, decisions, guidelines, and periodical literature. An authoritative treatment of competition law is paired with an easy-to-follow writing style to make this book a comprehensive guide to the subject, regularly used in universities, law firms, economic consultancies, competition authorities, and courts. Clear, detailed, and analytical, this is an unparalleled guide and stand-alone resource on competition law.
Competition Law 2023: Legal Practice Course Guides (LPC)
by RoxburghCompetition, or anti-trust, law concerns the regulation of competition and is designed to ensure that the competitive dynamic on a market is maintained. Given the rise in market based economies, the jurisdictions which have adopted competition law regimes have expanded significantly over the last decade. In this way competition law can be seen as the combination of law, policy and economics. This book considers the competition regimes operated by the European Union, the United States and the United Kingdom. It focuses on three broad areas of regulation within these jurisdictions: anti-competitive agreements, abuse of dominance and merger control. Within these broad categories other important issues are considered, such as the enforcement of competition rules, the relationship with intellectual property rights and the underlying economic and commercial considerations on which the law is based. Competition Law 2023 is one of the first publications to address the changes to the UK's vertical block exemption regime post-Brexit
Competition Law 2023: Legal Practice Course Guides (LPC)
by RoxburghCompetition, or anti-trust, law concerns the regulation of competition and is designed to ensure that the competitive dynamic on a market is maintained. Given the rise in market based economies, the jurisdictions which have adopted competition law regimes have expanded significantly over the last decade. In this way competition law can be seen as the combination of law, policy and economics. This book considers the competition regimes operated by the European Union, the United States and the United Kingdom. It focuses on three broad areas of regulation within these jurisdictions: anti-competitive agreements, abuse of dominance and merger control. Within these broad categories other important issues are considered, such as the enforcement of competition rules, the relationship with intellectual property rights and the underlying economic and commercial considerations on which the law is based. Competition Law 2023 is one of the first publications to address the changes to the UK's vertical block exemption regime post-Brexit
Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Pierre Kobel Pranvera Këllezi Bruce KilpatrickThis book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject.In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report.The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Competition Law and Antitrust (Clarendon Law Series)
by David J. GerberCompetition, or Antitrust, law is now a global phenomenon. It operates in more than 100 countries and the relationships among competition law systems are often complex and opaque. Competition law is also new to many countries, which creates uncertainty about how decisions will be made in these jurisdictions. This makes it critically important to understand both the similarities and differences among the systems and the relationships between them. A succinct introduction, this title breaks down the complicated and foreboding topic of competition law. Divided into four parts, this book covers the elements of competition laws, its decisions, targets, and globalization and the future of competition law. It also provides global context by looking at competition law in the US, Europe, and growing markets like Asia and Latin America. This title covers the most pressing issues of competition law in an informative and concise way. Drawing on his lifetime of global experience and research, David J. Gerber's Competition Law and Antitrust is an essential tool for anyone interested in competition or antitrust law.
Competition Law and Antitrust (Clarendon Law Series)
by David J. GerberCompetition, or Antitrust, law is now a global phenomenon. It operates in more than 100 countries and the relationships among competition law systems are often complex and opaque. Competition law is also new to many countries, which creates uncertainty about how decisions will be made in these jurisdictions. This makes it critically important to understand both the similarities and differences among the systems and the relationships between them. A succinct introduction, this title breaks down the complicated and foreboding topic of competition law. Divided into four parts, this book covers the elements of competition laws, its decisions, targets, and globalization and the future of competition law. It also provides global context by looking at competition law in the US, Europe, and growing markets like Asia and Latin America. This title covers the most pressing issues of competition law in an informative and concise way. Drawing on his lifetime of global experience and research, David J. Gerber's Competition Law and Antitrust is an essential tool for anyone interested in competition or antitrust law.
Competition Law and Big Data: Imposing Access to Information in Digital Markets (New Horizons in Competition Law and Economics series)
by Beata MäihäniemiIn this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice. Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission’s 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt’s decision regarding Facebook’s unfair trading terms under which it was gathering users’ data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as ‘commons’ or ‘commodity’, in order to realise social goals such as fairness. Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.
Competition Law and Development (Global Competition Law and Economics)
by Ioannis Lianos D. Daniel Sokol Thomas K. ChengThe vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.
Competition Law and Economic Inequality (Hart Studies in Competition Law)
by Jan Broulík and Katalin CseresThe gap between the rich and poor is widening across the globe. This book explores whether this major societal challenge of our time can be addressed by the means of competition law.The primary goal of today's competition law is to ensure that market power does not lead to an inefficient production of goods and services. Nevertheless, even such efficiency-oriented curbing of market power may arguably contribute to the reduction of differences in how much people own and earn. Furthermore, many competition law regimes do take into account distributive considerations too.The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. Their inquiries concern the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contribute to more equality in both developed and developing countries.The book is a must-read for researchers, public officials, judges, and practitioners within the competition law community. It will also appeal to anyone more broadly interested in issues of inequality and economic policy.
Competition Law and Economic Inequality (Hart Studies in Competition Law)
The gap between the rich and poor is widening across the globe. This book explores whether this major societal challenge of our time can be addressed by the means of competition law.The primary goal of today's competition law is to ensure that market power does not lead to an inefficient production of goods and services. Nevertheless, even such efficiency-oriented curbing of market power may arguably contribute to the reduction of differences in how much people own and earn. Furthermore, many competition law regimes do take into account distributive considerations too.The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. Their inquiries concern the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contribute to more equality in both developed and developing countries.The book is a must-read for researchers, public officials, judges, and practitioners within the competition law community. It will also appeal to anyone more broadly interested in issues of inequality and economic policy.