A Critical Evaluation Of The Chicago School Of Antitrust Analysis

Author : I. Schmidt,J.B. Rittaler
Publisher : Springer Science & Business Media
Page : 145 pages
File Size : 40,7 Mb
Release : 2012-12-06
Category : Business & Economics
ISBN : 9789400925670

Get Book

A Critical Evaluation of the Chicago School of Antitrust Analysis by I. Schmidt,J.B. Rittaler Pdf

The publication of this clinically analytical and trenchantly insightful volume is felicitously timed. By fortuitous coincidence, it comes at a time when the Chicago School enjoys a high-water mark of acceptance in U.S. legal circles, and at a time when the U.S. merger movement of the 1980s is cresting. It provides a welcome warning against the dangers of translating abstract theories, based on highly restrictive (and unrealistic) assumptions, into facile public policy recommendations. As such the Schmidt/Rittaler study serves as a needed antidote to the currently fashionable predilection to confuse ideology with science. In the Chicago lexicon, the only appropriate policy toward business is a policy of untrammeled laissez-faire. Because there are no market imperfec tions (other than government-created or trade-union-generated monopolies), the market can be trusted to regulate economic activity, inexorably meting out appropriate rewards and punishments. In this ideal world, corporate size and power can be safely ignored. After all, corporations become big only only because they are efficient, only because they are productive, only because they have served consumers better than their rivals, and only because no newcomers are good enough to challenge their dominance. Once an industrial giant becomes lethargic and no longer bestows its productive beneficence on society, it will inevitably wither and eventually die. This is the "natural law" that governs economic life. It demands obedience to its rules. It tolerates no interference by the state.

Author : Jan B. Rittaler
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 434 pages
File Size : 50,6 Mb
Release : 1989
Category : Antitrust law
ISBN : STANFORD:36105044214588

Get Book

Industrial Concentration and the Chicago School of Antitrust Analysis by Jan B. Rittaler Pdf

After roughly 15 years of merger control application in the Federal Republic of Germany a reassessment of the significance of this instrument of antitrust policy seems necessary. This is particularly so in view of the reorientation of merger control policy in the United States which has been - in its original version - the model for the German merger control system. Concerning merger control, the reorientation is characterized by the notion that the structure-conduct-performance paradigm which has dominated U.S. antitrust for a quarter of a century is imprecise or even incorrect and «that bigness in business does not necessarily mean badness.» This makes the fundamental question arise of whether the German merger control system is still up to date in terms of the underlying market theory and of whether the German Act Against Restraints of Competition needs a reorientation towards aspects of market conduct and performance instead of market structure by means of a Fifth Amendment.

Author : Antonio Cucinotta,Roberto Pardolesi,Roger van den Bergh
Publisher : Edward Elgar Publishing
Page : 364 pages
File Size : 53,7 Mb
Release : 2002-01-01
Category : Law
ISBN : 1843767031

Get Book

Post-Chicago Developments in Antitrust Law by Antonio Cucinotta,Roberto Pardolesi,Roger van den Bergh Pdf

This work offers a critical evaluation of the Chicago approach to antitrust. The authors discuss the economic foundations of competition policy and the different ways in which both American and European competition law does - or does not - take account of economic insights.

Author : Robert Pitofsky
Publisher : Oxford University Press
Page : 324 pages
File Size : 42,7 Mb
Release : 2008
Category : Business & Economics
ISBN : 9780195372823

Get Book

How the Chicago School Overshot the Mark by Robert Pitofsky Pdf

The essays collected in this book concern the rise and recent fall of American antitrust. Of the 15 essays, almost all express a deep concern that conservative economic analysis is leading judges and enforcement officials toward an approach that will ultimately harm consumer welfare.

Author : Robert Pitofsky
Publisher : Oxford University Press
Page : 328 pages
File Size : 55,8 Mb
Release : 2008-10-14
Category : Law
ISBN : 9780199888245

Get Book

How the Chicago School Overshot the Mark by Robert Pitofsky Pdf

How the Chicago School Overshot the Mark is about the rise and recent fall of American antitrust. It is a collection of 15 essays, almost all expressing a deep concern that conservative economic analysis is leading judges and enforcement officials toward an approach that will ultimately harm consumer welfare. For the past 40 years or so, U.S. antitrust has been dominated intellectually by an unusually conservative style of economic analysis. Its advocates, often referred to as "The Chicago School," argue that the free market (better than any unelected band of regulators) can do a better job of achieving efficiency and encouraging innovation than intrusive regulation. The cutting edge of Chicago School doctrine originated in academia and was popularized in books by brilliant and innovative law professors like Robert Bork and Richard Posner. Oddly, a response to that kind of conservative doctrine may be put together through collections of scores of articles but until now cannot be found in any one book. This collection of essays is designed in part to remedy that situation. The chapters in this book were written by academics, former law enforcers, private sector defense lawyers, Republicans and Democrats, representatives of the left, right and center. Virtually all agree that antitrust enforcement today is better as a result of conservative analysis, but virtually all also agree that there have been examples of extreme interpretations and misinterpretations of conservative economic theory that have led American antitrust in the wrong direction. The problem is not with conservative economic analysis but with those portions of that analysis that have "overshot the mark" producing an enforcement approach that is exceptionally generous to the private sector. If the scores of practices that traditionally have been regarded as anticompetitive are ignored, or not subjected to vigorous enforcement, prices will be higher, quality of products lower, and innovation diminished. In the end consumers will pay.

Author : Robert O'Donoghue QC,Jorge Padilla
Publisher : Bloomsbury Publishing
Page : 1368 pages
File Size : 40,5 Mb
Release : 2020-09-03
Category : Law
ISBN : 9781509942978

Get Book

Law and Economics of Article 102 TFEU by Robert O'Donoghue QC,Jorge Padilla Pdf

“a reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, Qualcomm.

Author : Josef Drexl,Wolfgang Kerber,Rupprecht Podszun
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 45,9 Mb
Release : 2011-01-01
Category : Business & Economics
ISBN : 9780857930330

Get Book

Competition Policy and the Economic Approach by Josef Drexl,Wolfgang Kerber,Rupprecht Podszun Pdf

This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the .economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more .economic approach' has led to a modernisation of competition law throughout the world. This book comprehensivelyexamines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economicsin the field of competition will also find this book invaluable.

Author : Robert O'Donoghue QC,Jorge Padilla
Publisher : A&C Black
Page : 1132 pages
File Size : 42,5 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251415

Get Book

The Law and Economics of Article 102 TFEU by Robert O'Donoghue QC,Jorge Padilla Pdf

The Law and Economics of Article 102 TFEU is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. Jointly authored by a lawyer and an economist, The Law and Economics of Article 102 TFEU contains an integrated approach to the legal and economic principles that frame policy in this major area of competition law. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition law enforcement against monopoly behaviour.

Author : Qianlan Wu
Publisher : Bloomsbury Publishing
Page : 242 pages
File Size : 51,8 Mb
Release : 2013-11-12
Category : Law
ISBN : 9781782252191

Get Book

Competition Laws, Globalization and Legal Pluralism by Qianlan Wu Pdf

Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.

Author : Valerio Torti
Publisher : Routledge
Page : 317 pages
File Size : 42,9 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781317376644

Get Book

Intellectual Property Rights and Competition in Standard Setting by Valerio Torti Pdf

Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 41,5 Mb
Release : 2011-01-29
Category : Law
ISBN : 9781782253594

Get Book

Public Procurement and the EU Competition Rules by Albert Sánchez Graells Pdf

Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.

Author : Anonim
Publisher : Unknown
Page : 994 pages
File Size : 45,7 Mb
Release : 1986
Category : Energy policy
ISBN : UCAL:B5145856

Get Book

Antitrust Law Journal by Anonim Pdf

Author : Ovidiu Ioan Dumitru
Publisher : ADJURIS – International Academic Publisher
Page : 81 pages
File Size : 52,5 Mb
Release : 2020-09-18
Category : Business & Economics
ISBN : 9786069497838

Get Book

European Merger Control by Ovidiu Ioan Dumitru Pdf

Modern European Merger Control Policy is the result of a compelling evolution as, throughout the course of time, the underlying objectives guiding its enforcement have been influenced by different school of thoughts, decisions of the bodies supervising the competition, Commission at EU level and national authorities at the state level, and, of course, the economic evolution of the continent. As a consequence, the European institutions together with the Member States had to amend the initial provisions from the Treaty and, later, from the specific Regulation. This book aims at studying the evolution of the European Merger Control rules, from the founding treaties till the last European act providing it, in parallel, analysing the caselaw in the field and its influence in the reformation process. The final Reform of the European Merger Control was implemented in 2004, as a consequence of globalization and rapid developments of the markets, including the digital economy, as some amendments were essential for a competitive and innovative European single market, leaving us with a amended procedure which is presented in the present book.

Author : Jeff E. Biddle,Ross B. Emmett,Marianne Johnson
Publisher : Emerald Group Publishing
Page : 256 pages
File Size : 41,9 Mb
Release : 2013-11-01
Category : Business & Economics
ISBN : 9781783500598

Get Book

A Research Annual by Jeff E. Biddle,Ross B. Emmett,Marianne Johnson Pdf

Research in the History of Economic Thought and Methodology is an annual series which presents research materials in the fields of the history of economic thought and the methodology of economics.

Author : B. Bouckaert,G. de Geest
Publisher : Springer Science & Business Media
Page : 672 pages
File Size : 52,5 Mb
Release : 2013-04-18
Category : Law
ISBN : 9789401708937

Get Book

Bibliography of Law and Economics by B. Bouckaert,G. de Geest Pdf

Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.