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Competition and antitrust law : a very short introduction
\"Drawing on case studies from the US and the European Union, this Very Short Introduction explores the promise and limitations of competitive market dynamics. In examining the laws and the way they are enforced, Ariel Ezrachi considers the delicate relationship between a free market economy and government intervention, and the fascinating forces of competition that shape modern society.\" --Publisher description.
Book
Global Competition
A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient \"power\" to apply their laws transnationally. This book examines this important and controversial aspect of globalization.
eBook
The International Dimension of EU Competition Law and Policy
Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.
eBook
Vertical Agreements and Competition Law
This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale price maintenance in 1997, whilst most recently and most significantly in 2007 the Leegin case followed suit for minimum resale price maintenance. The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.
eBook
The Microsoft case
In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age.
eBook
The Law and Economics of Canadian Competition Policy
Offering a unique cross-disciplinary approach to scholarship in law and economics, this much-needed work expounds and critically evaluates all of the major doctrines of Canadian competition policy. The topics addressed, each in a separate chapter, include: Canadian competition policy in an historical context; basic economic concepts; multi-firm conduct; horizontal agreements; the merger review process; predatory pricing and price discrimination; vertical restraints; intra-brand competition; inter-brand competition; abuse of dominance; competition policy and intellectual property rights; competition policy and trade policy; competition policy and regulated industries; and enforcement.
The treatment of each substantive topic is organized first around a discussion of the relevant body (or bodies) of economic theory and then the pertinent bodies of legal doctrine, including case law. Each chapter contains a critique of existing law in light of contemporary economic theory. This is the only book available that offers an up-to-date integrated analysis of economic theory and legal doctrine in the context of Canadian competition policy.
eBook
Droit Matériel Européen des Ententes
Dans cet ouvrage de la serie Grands arrets, textes et documents commentes de la collection Competition Law/Droit de la concurrence , les auteurs presentent et commentent minutieusement un ensemble de textes consacres aux aspects materiels des ententes en droit de l'Union europeenne, en s'attachant aux fondements legislatifs, a la pratique decisionnelle visant a la sanction de ces pratiques et aux apports des juridictions de l'Union, notamment quant a l'interpretation des notions en cause.Y sont abordees dans un langage clair des problematiques complexes en droit des ententes comme notamment la determination du marche pertinent, le constat d'un accord, la distinction entre infraction par objet et par effet et l'appreciation de l'existence d'une restriction de concurrence dans le cadre d'un echange d'informations. Chaque partie de decisions ou d'arrets est accompagnee d'une synthese thematique et de schemas didactiques.Par le biais d'une approche didactique abordant les principes directeurs, l'evolution et la pratique du droit des ententes, ce recueil de textes commentes a pour vocation de depeindre l'etat actuel de cette branche du droit de l'Union telle qu'interpretee et pratiquee par ses institutions.Les textes cites recouvrent les reglements et directives de l'Union europeenne, les decisions et actes de la Commission parmi lesquels les lignes directrices et communications pertinentes, ainsi que la jurisprudence du Tribunal et de la Cour de justice de l'Union europeenne.Accompagnes des commentaires des auteurs, enseignants, chercheurs et praticiens specialises en la matiere, les extraits cites permettront au lecteur d'apprehender les problematiques soulevees par le droit des ententes.L'ouvrage sera particulierement utile aux praticiens specialises en droit de la concurrence. Il repondra avec certitude a leurs questions posees dans cette matiere complexe et evolutive qu'est le droit des ententes.
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The Law and Economics of Buyer Power in EU Competition Policy
The trend of retail concentration across the European Union has raised concerns on the buyer power that retailers may have in the relation with their suppliers.Following calls that the changing nature of competition demands a change in EU competition policy, this book investigates whether there is a 'gap' in current EU competition law concerning.
eBook
Asian Capitalism and the Regulation of Competition
Asian Capitalism and the Regulation of Competition explores the implications of Asian forms of capitalism and their regulation of competition for the emerging global competition law regime. Expert contributors from a variety of backgrounds explore the topic through the lenses of formal law, soft law and transnational regulation, and make extensive comparisons with Euro-American and global models. Case studies include Japan, China and Vietnam, and thematic studies include examinations of competition law's relationship with other regulatory terrains such as public law, market culture, regulatory geography and transnational production networks.
eBook
Competition and Development
The growth of international trade and investment and the spread of bilateral and multilateral trade agreements have resulted in increasing economic integration, affecting almost all nations of the world. This has brought about many changes in the economies of developing countries, including a move away from state-controlled enterprise. However, it has also made developing countries more vulnerable to new and potentially harmful types of anticompetitive business practices. This book demonstrates the importance of true and fair competition to sustainable development and an effective marketplace, touching on issues of globalization, consumer welfare, cartels and monopolies, and trade liberalization. It introduces competition, and competition law and policy in developing countries. It focuses on the practical problems faced in developing countries and the steps that have been and can be taken to overcome those problems. It covers anticompetitive practices as they occur in developing countries and the policies that governments and citizens can promote and practice to limit the impact of such practices. For more analysis, discussion, and case material, visit the companion website, www.idrc.ca/in_focus_competition, which is also included with the book, on CD-ROM.
eBook