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"Competition, Unfair."
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Competition law and economic regulation : making and managing markets
\"Niamh Dunne undertakes a systematic exploration of the relationship between competition law and economic regulation as legal mechanisms of market control. Beginning from a theoretical assessment of these legal instruments as discrete mechanisms, the author goes on to address numerous facets of the substantive interrelationship between competition law and economic regulation. She considers, amongst other aspects, the concept of regulatory competition law; deregulation, liberalisation and 'regulation for competition'; the concurrent application of competition law in regulated markets; and relevant institutional aspects including market study procedures, the distribution of enforcement powers between competition agencies and sector regulators, and certain legal powers that demonstrate a 'hybridised' quality lying between competition law and economic regulation. Throughout her assessment, Dunne identifies and explores recurrent considerations that inform and shape the optimal relationship between these legal mechanisms within any jurisdiction\"-- Provided by publisher.
Book
The Concept of Abuse in EU Competition Law
The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
eBook
Application of Blockchain and Internet of Things to Ensure Tamper-Proof Data Availability for Food Safety
Food supply chain plays a vital role in human health and food prices. Food supply chain inefficiencies in terms of unfair competition and lack of regulations directly affect the quality of human life and increase food safety risks. This work merges Hyperledger Fabric, an enterprise-ready blockchain platform with existing conventional infrastructure, to trace a food package from farm to fork using an identity unique for each food package while keeping it uncomplicated. It keeps the records of business transactions that are secured and accessible to stakeholders according to the agreed set of policies and rules without involving any centralized authority. This paper focuses on exploring and building an uncomplicated, low-cost solution to quickly link the existing food industry at different geographical locations in a chain to track and trace the food in the market.
Journal Article
Antitrust procedural fairness
\"Much of antitrust law scholarship has focused on substantive legal issues--theories of harm and changing law and policy. Surprisingly, there has been very little work that is comparative, on a fundamental element that is a critical building block to effective policy--procedural fairness. Procedural fairness encompasses issues of transparency and due process. Procedural fairness has been an important issue in global antitrust for some time. The types of due process concerns raised globally often relate to the lack of effective representation, the use of industrial policy by third parties, and procedural tools that do not allow for the most effective advocacy to lead to efficient outcomes. This book focuses on these issues and teases out common problems and distinct issues in particular jurisdictions. This allows for a rethink of creating a more effective system for procedural fairness, an exploration of these issues in each jurisdiction, along with highlights of particular cases in which due process issues have emerged\"--Dust jacket.
Book
Revisiting China's competition law and its interaction with intellectual property rights
\"Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights\"--Publisher's website.
Book
ENSURING CONSUMERS “GET WHAT THEY WANT”: THE ROLE OF TRADEMARK LAW
This Article considers how trademark law should interpret the commitment in legislative history to the 1946 (US) Lanham Act that one of the principal purposes of trademark law is “to protect the public so that it may be confident that, in purchasing a product bearing a particular trademark which it favorably knows, it will get the product which it asks for and which it wants to get”. It looks back to highlight the often under-appreciated role of the consumer protection rationale in recent expansions in trademark protection, and then considers the different ways by which that basic objective might now be pursued by trademark law. It concludes that, without disregarding the core consumer protection purpose of trademark law, we need to start viewing the question of ensuring consumers get what they want both with a broader view of consumer interests and more explicit attention to a wider array of values.
Journal Article
WTO disciplines on agricultural support : seeking a fair basis for trade
\"Farm support is contentious in international negotiations. This in-depth assessment of the legal compliance and economic evaluation issues raised by the WTO Agreement on Agriculture presents consistent support data and forward-looking projections for eight developed and developing countries (EU, US, Japan, Norway, Brazil, China, India, Philippines), using original estimates where official notifications are not available. Variations over time in notified support in some cases reflect real policy changes; others merely reflect shifts in how countries represent their measures. The stalled Doha negotiations presage significantly tighter constraints for developed countries that provide the highest support, but loopholes will persist. Developing countries face fewer constraints and their trade-distorting farm support can rise. Pressure points and key remaining issues if a Doha agreement is reached are evaluated. Vigilant monitoring for compliance of farm support with WTO commitments will be required to lessen its negative consequences whether or not the Doha Round is concluded\"-- Provided by publisher.
Book
The Darjeeling distinction
Nestled in the Himalayan foothills of Northeast India, Darjeeling is synonymous with some of the finest and most expensive tea in the world. It is also home to a violent movement for regional autonomy that, like the tea industry, dates back to the days of colonial rule. In this nuanced ethnography, Sarah Besky narrates the lives of tea workers in Darjeeling. She explores how notions of fairness, value, and justice shifted with the rise of fair-trade practices and postcolonial separatist politics in the region. This is the first book to explore how fair-trade operates in the context of large-scale plantations. Readers in a variety of disciplines—anthropology, sociology, geography, environmental studies, and food studies—will gain a critical perspective on how plantation life is changing as Darjeeling struggles to reinvent its signature commodity for twenty-first-century consumers. The Darjeeling Distinction challenges fair-trade policy and practice, exposing how trade initiatives often fail to consider the larger environmental, historical, and sociopolitical forces that shape the lives of the people they intended to support.
eBook