Economic Theory And Competition Law

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The Law and Economics of Canadian Competition Policy

Author : M. J. Trebilcock
Publisher : University of Toronto Press
Page : 820 pages
File Size : 50,8 Mb
Release : 2003-01-01
Category : Law
ISBN : 0802086128

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The Law and Economics of Canadian Competition Policy by M. J. Trebilcock Pdf

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.

Economic Theory and Competition Law

Author : ASCOLA. Workshop on Comparative Competition Law
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 43,6 Mb
Release : 2009
Category : Antitrust law
ISBN : 184720631X

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Economic Theory and Competition Law by ASCOLA. Workshop on Comparative Competition Law Pdf

Adopting a comparative background, taking into account different situations in the US, Europe, Japan, transition and developing countries, the contributors to this title investigate the impact of economics on the objectives of competition law both in various fields of competition law enforcement.

Comparative Competition Law and Economics

Author : Roger J. Van den Bergh
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 51,7 Mb
Release : 2017-09-29
Category : Antitrust law
ISBN : 9781786438317

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Comparative Competition Law and Economics by Roger J. Van den Bergh Pdf

Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches.

Antitrust Law

Author : Keith N. Hylton
Publisher : Cambridge University Press
Page : 436 pages
File Size : 47,5 Mb
Release : 2003-03-27
Category : Law
ISBN : 0521793785

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Antitrust Law by Keith N. Hylton Pdf

Preface p. xi 1 Economics p. 1 I. Definitions p. 1 II. Perfect Competition Versus Monopoly p. 9 III. Further Topics p. 21 2 Law and Policy p. 27 I. Some Interpretation Issues p. 28 II. Enacting the Antitrust Law p. 30 III. What Should Antitrust Law Aim to Do? p. 40 3 Enforcement p. 43 I. Optimal Enforcement Theory p. 43 II. Enforcement Provision of the Antitrust Laws p. 47 Appendix p. 64 4 Cartels p. 68 I. Cartels p. 68 II. Conscious Parallelism p. 73 III. Conclusion p. 89 5 Development of Section 1 Doctrine p. 90 I. The Sherman Act Versus the Common Law p. 90 II. Rule of Reason and Per-Se Rule p. 104 III. Conclusion p. 112 6 Rule of Reason and Per-Se Rule p. 113 I. The Case for Price Fixing p. 113 II. Per-Se and Rule of Reason Analysis: Further Developments p. 116 III. Per-Se Versus Rule of Reason Tests: Understanding the Supreme Court's Justification for the Per-Se Rule p. 129 7 Agreement p. 132 I. The Development of Inference Doctrine p. 133 II. Rejection of Unilateral Contract Theory p. 140 8 Facilitating Mechanisms p. 144 I. Data Dissemination Cases p. 145 II. Basing Point Pricing and Related Practices p. 154 III. Basing Point Pricing: Economics p. 160 9 Boycotts p. 166 I. Pre-Socony p. 166 II. Post-Socony p. 170 III. Post-BMI/Sylvania p. 181 IV. Conclusion p. 184 10 Monopolization p. 186 I. Development of Section 2 Doctrine p. 186 II. Leveraging and Essential Facility Cases p. 202 III. Predatory Pricing p. 212 IV. Conclusion p. 228 11 Power p. 230 I. Measuring Market Power p. 230 II. Determinants of Market Power p. 235 III. Substitutability and the Relevant Market: Cellophane p. 237 IV. Multimarket Monopoly and the Relevant Market: Alcoa p. 239 V. Measuring Power: Guidelines p. 243 12 Attempts p. 244 I. The Swift Formula and Modern Doctrine p. 244 II. Dangerous Probability Requirement p. 248 13 Vertical Restraints p. 252 I. Resale Price Maintenance p. 252 II. Vertical Nonprice Restraints p. 262 III. Manufacturer Retains Title p. 267 IV. Agreement p. 270 14 Tying and Exclusive Dealing p. 279 I. Introduction p. 279 II. Early Cases p. 284 III. Development of Per-Se Rule p. 286 IV. Tension Between Rule of Reason Arguments and Per-Se Rule p. 295 V. Technological Tying p. 301 VI. Exclusive Dealing p. 303 Appendix p. 307 15 Horizontal Mergers p. 311 I. Reasons for Merging and Implications for Law p. 311 II. Horizontal Merger Law p. 317 III. Conclusion p. 330 Appendix p. 330 16 Mergers, Vertical and Conglomerate p. 333 I. Vertical Mergers p. 333 II. Conglomerate Mergers p. 344 III. Concluding Remarks p. 351 17 Antitrust and the State p. 352 I. Noerr-Pennington Doctrine p. 354 II. Parker Doctrine p. 371 III. Some Final Comments: Error Costs and Immunity Doctrines p. 375 Index p. 379.

Competition Policy

Author : Emmanuel Combe
Publisher : Kluwer Law International B.V.
Page : 460 pages
File Size : 53,6 Mb
Release : 2021-11-22
Category : Law
ISBN : 9789403537511

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Competition Policy by Emmanuel Combe Pdf

Competition Policy An Empirical and Economic Approach Emmanuel Combe It is a truism of competition that, paradoxically, those who were responsible for yesterday’s innovations and productivity become obstacles to future growth. This is why competition law has been assigned such an important role in modern countries—to detect and sanction anticompetitive practices that prevent the entry of new, efficient competitors. This utterly original book, which thoroughly explains competition policy using economic analyses of European and U.S. antitrust cases, illuminates the complex but crucial back-and-forth between economic theory and competition law practice. Covering the full range of competition policy, from antitrust (cartels, abuse of dominant position) to merger control, the book not only offers a general view of competition policy in Europe and the United States but also clearly explains the economic underpinnings that guide it, thus illustrating how principles are applied in practice. Issues and topics include the following: economic approach of antitrust sanctions; role of criminal sanctions and private actions; factors favoring cartel formation and stability; role of leniency policies; vertical restraints in the age of e-commerce; economic assessment of R&D and licensing agreements; detecting and sanctioning predatory pricing; exploitative and exclusionary abuses; and impact of a horizontal, vertical and conglomerate mergers on competition. All the major fields of competition policy are clearly explained, with many illustrative examples from case law. There is also a chapter presenting an overview of competition policies around the world, as well as the legal and institutional framework within which they operate. At a time of increasing public concern regarding high industrial concentration, especially in the digital sector, the question of regulating competition is returning to the forefront. Given that the concepts and tools of economic analysis are widely used by competition authorities, this book gives lawyers a clear understanding of the objectives and instruments of competition policy. It will thus enable corporate counsel, academics, and policymakers to apply or formulate competition law with increased precision in their day-to-day work.

Economics and the Enforcement of European Competition Law

Author : Christopher Decker
Publisher : Edward Elgar Publishing
Page : 311 pages
File Size : 40,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781849801966

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Economics and the Enforcement of European Competition Law by Christopher Decker Pdf

The book is well written and readable by non economists. The approaches, questions, methodology, and basis for selection of cases/interviewees are clearly explained and justified. This book is a valuable contribution to the literature. Rhonda Smith, Competition and Consumer Law Journal Recent years have seen a trend toward an economics-based approach to the enforcement of European competition law. But what is meant by economics-based , and how does this approach sit with legal and enforcement practice? This book seeks to place in perspective the growing use of economics in European competition law enforcement by examining precisely how economics contributes to the enforcement activity of the European Commission and Courts. Christopher Decker provides unique empirical insights as to how economic theory, thinking, techniques and data have featured in decision-making in the area of co-ordinated effects. The role of economics is examined throughout the entire enforcement process, from the decision to initiate an investigation to the design and implementation of remedies, and its conclusions are of general relevance to all areas of competition law enforcement where economics is used. Utilising a broad and multifaceted conception of economics, this book is essential reading for academics and students interested in European competition law, EC competition lawyers, applied industrial economists and enforcement officials. It will also be an invaluable tool for academic libraries and institutes, government agencies, law firms and economic consultancies.

Economics for Competition Lawyers

Author : Gunnar Niels,Helen Jenkins,James Kavanagh
Publisher : Oxford University Press, USA
Page : 637 pages
File Size : 50,7 Mb
Release : 2011-04-07
Category : Business & Economics
ISBN : 9780199588510

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Economics for Competition Lawyers by Gunnar Niels,Helen Jenkins,James Kavanagh Pdf

Economics for Competition Lawyers provides a comprehensive explanation of the economic principles most relevant for competition law. Written specifically for competition lawyers, it uses real-world examples, is non-technical, and explains the key points from first principles.

Innovation Matters

Author : Richard J. Gilbert
Publisher : MIT Press
Page : 337 pages
File Size : 43,5 Mb
Release : 2022-06-07
Category : Business & Economics
ISBN : 9780262545792

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Innovation Matters by Richard J. Gilbert Pdf

A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters. Gilbert considers both theory and available empirical evidence on the relationships among market structure, firm behavior, and the production of new products and services. He reviews the distinctive features of the high-tech economy and why current analytical tools used by antitrust enforcers aren't up to the task of assessing innovation concerns. He considers, from the perspective of innovation competition, Kenneth Arrow's “replacement effect” and the Schumpeterian theory of market power and appropriation; discusses the effect of mergers on innovation and future price competition; and reviews the empirical literature on competition, mergers, and innovation. He describes examples of merger enforcement by US and European antitrust agencies; examines cases brought against Microsoft and Google; and discusses the risks and benefits of interoperability standards. Finally, he offers recommendations for competition policy. The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.

The Economics of EC Competition Law

Author : Simon Bishop,Mike Walker
Publisher : Unknown
Page : 836 pages
File Size : 53,6 Mb
Release : 2010
Category : Antitrust law
ISBN : STANFORD:36105134521173

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The Economics of EC Competition Law by Simon Bishop,Mike Walker Pdf

This new edition of this work provides an overview of economic theory and analysis as applied to European competition law, and includes recent legislative, regulatory and policy developments.

The Role of Economic Analysis in the EC Competition Rules:The European School

Author : Doris Hildebrand
Publisher : Springer
Page : 492 pages
File Size : 43,7 Mb
Release : 2002-03-20
Category : Business & Economics
ISBN : STANFORD:36105060294928

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The Role of Economic Analysis in the EC Competition Rules:The European School by Doris Hildebrand Pdf

The scope is on Articles 85 and 86 and the Merger Regulation because those are the EC competition rules applying to businesses

Economic Evidence in EU Competition Law

Author : Mitja Kovač,Ann-Sophie Vandenberghe
Publisher : Unknown
Page : 0 pages
File Size : 42,7 Mb
Release : 2016
Category : Antitrust law
ISBN : 1780682867

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Economic Evidence in EU Competition Law by Mitja Kovač,Ann-Sophie Vandenberghe Pdf

This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries.

Cartels, Competition and Public Procurement

Author : Stefan Weishaar
Publisher : Edward Elgar Publishing
Page : 343 pages
File Size : 53,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857936752

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Cartels, Competition and Public Procurement by Stefan Weishaar Pdf

ÔThis volume is long overdue. Integrated legal and economic analysis of competition law is crucial given the nature of the sector. However to carry this off successfully, one either needs intensive editorial work to bring different teams together; or one has to rely on the few who master both economic and legal analysis to a tee. Stefan WeishaarÕs analysis not only looks at a stubborn issue in competition law. He does so in three jurisdictions, in detailed yet clear fashion, with clear insight and ditto conclusions. Over and above its relevance to academic analysis, this book can go straight into competition authoritiesÕ decision making, and therefore also in compliance and remediation advice.Õ Ð Geert Van Calster, University of Leuven, Belgium Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies. Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement Ð which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions Ð the European Union, China and Japan Ð and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken. Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.

The Role of Economic Analysis in the EC Competition Rules

Author : Doris Hildebrand
Publisher : Unknown
Page : 596 pages
File Size : 48,5 Mb
Release : 2009
Category : Law
ISBN : 9041125132

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The Role of Economic Analysis in the EC Competition Rules by Doris Hildebrand Pdf

The thesis of this now-classic work - that the European Commission and the Community Courts, under the necessity of forging an effective competition policy, created an entire new school of thought in economic theory that permeates the disciplinary boundary between law and economics - has been gaining ground among competition law practitioners and their government counterparts over the last decade. Now, in the book's third edition, the author explores the full spectrum of this development in detail, uncovering its multiple rationales as it has gradually formulated the legal principles of competition economics' that have come to underlie all matters related to Article 81 (1), Article 81 (3), Article 82, the Merger Regulation, and the State Aid provisions.

Competition, Innovation, and Antitrust

Author : Federico Etro
Publisher : Springer Science & Business Media
Page : 296 pages
File Size : 55,6 Mb
Release : 2007-09-05
Category : Science
ISBN : 9783540496014

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Competition, Innovation, and Antitrust by Federico Etro Pdf

This book reviews recent progress in the theory of oligopoly and market leadership and provides new results on the theory of Stackelberg competition and Nash competition with strategic investment under endogenous entry. These theories are applied to models of competition in quantities, prices and to patent races. The results are used to propose a new approach to competition policy and issues of the abuse of dominance.

The International Handbook of Competition

Author : Manfred Neumann,Jürgen Weigand
Publisher : Edward Elgar Publishing
Page : 431 pages
File Size : 44,5 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781849806060

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The International Handbook of Competition by Manfred Neumann,Jürgen Weigand Pdf

ÔThis comprehensive Handbook demonstrates that academic thinking, new and old, has a role to play in shaping modern competition policy.Õ Ð Gunnar Niels, Oxera This indispensable Handbook examines the interface of competition policy, competition law and industrial economics. The book aims to further our understanding of how economic reasoning and legal expertise complement each other in defining the fundamental issues and principles in competition policy. In specially commissioned chapters the book provides a scholarly review of economic theory, empirical evidence and standards of legal evaluation with respect to monopolization of markets, exploitation of market power and mergers, among other issues. The International Handbook of Competition Ð Second Edition will be accessible to a wide audience including students of economics and law, public administrators, lawyers, consultants, and business executives.