Fairness In Antitrust

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Fairness in Antitrust

Author : Adi Ayal
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 49,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254010

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Fairness in Antitrust by Adi Ayal Pdf

What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.

Antitrust Procedural Fairness

Author : D. Daniel Sokol,Andrew T. Guzman
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 41,8 Mb
Release : 2019
Category : Law
ISBN : 0198815425

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Antitrust Procedural Fairness by D. Daniel Sokol,Andrew T. Guzman Pdf

This book is a comparative reference on procedural fairness in global antitrust. It focuses on procedure at each stage of antitrust enforcement and considers how a lack of procedural fairness impairs competition law and policy, the benefits of embracing it, the case for establishing global best practices, and how this might be achieved.

Procedural Fairness in Competition Proceedings

Author : Paul Nihoul,Tadeusz Skoczny
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 42,5 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781785360060

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Procedural Fairness in Competition Proceedings by Paul Nihoul,Tadeusz Skoczny Pdf

How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.

Fair Competition

Author : Joel B. Dirlam,Alfred Edward Kahn
Publisher : Praeger
Page : 328 pages
File Size : 43,9 Mb
Release : 1970-03-05
Category : Law
ISBN : UOM:49015001254094

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Fair Competition by Joel B. Dirlam,Alfred Edward Kahn Pdf

The authors attempt to defend antitrust laws against the critics. After summarizing 15 years of court decisions, they conclude that the Sherman and Clayton Acts have not deviated from their historic and proper path.

Fair Competition

Author : Joel B. Dirlam,Alfred E. Kahn
Publisher : Unknown
Page : 128 pages
File Size : 43,5 Mb
Release : 1970
Category : Electronic
ISBN : OCLC:473900057

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Fair Competition by Joel B. Dirlam,Alfred E. Kahn Pdf

Conceptualising Procedural Fairness in EU Competition Law

Author : Haukur Logi Karlsson
Publisher : Unknown
Page : 192 pages
File Size : 50,7 Mb
Release : 2020
Category : Antitrust law
ISBN : 1509935444

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Conceptualising Procedural Fairness in EU Competition Law by Haukur Logi Karlsson Pdf

The problem of procedural fairness -- The essence of a procedure -- The structure and function of EU competition procedures -- Ethics for procedural architects -- The Model of fair rules -- Analysis of three fairness dilemmas -- An argument for a data-based democracy.

Regulating Competition in Stock Markets

Author : Lawrence R. Klein,Viktoria Dalko,Michael H. Wang
Publisher : John Wiley & Sons
Page : 403 pages
File Size : 54,7 Mb
Release : 2012-04-25
Category : Business & Economics
ISBN : 9781118236864

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Regulating Competition in Stock Markets by Lawrence R. Klein,Viktoria Dalko,Michael H. Wang Pdf

A guide to curbing monopoly power in stock markets Engaging and informative, Regulating Competition in Stock Markets skillfully analyzes the impact of the recent global financial crisis on health and happiness, and uses this opportunity to put regulatory systems in perspective. Happiness is lost because of emotional and physical health deterioration resulting from the crisis. Therefore, the authors conclude that financial crisis prevention should be the focus of public policy. This book is the most comprehensive study so far on potential risks to the stock market, especially various forms of market manipulation that lead to mania and eventual crisis. Based on litigation cases from international stock markets, and borrowing multidisciplinary findings in the fields of finance, economics, accounting, media studies, criminology, legal studies, psychology, and medicine, this book is the first to provide thorough micro-level regulatory proposals rooted in financial reality. By focusing on securities trading, they apply antitrust measures to limiting monopolistic power that is used for the manipulation of investors' perception and monopolistic profit. These proposals are quantifiable, adjustable, inexpensive, and can be easily implemented by any securities regulating agency for real-time oversight and daily operations. The recommendations found here are intended to improve the fairness and transparency of the financial markets, thereby perfecting the market competition, protecting investors, stabilizing the market, and preventing crises Explores how avoiding crises can to contribute to a more scientific, health aware, and civilized economic and social development Written by a team of authors who have extensive experience in this dynamic field, including Nobel Laureate Lawrence R. Klein Since the founding of the first, organized stock exchange in Amsterdam 400 years ago, no systematic economic research results on stock markets have been implemented in stock market regulation around the world. Regulating Competition in Stock Markets aims to fill this void.

Fairness in Antitrust

Author : Adi Ayal
Publisher : Bloomsbury Publishing
Page : 235 pages
File Size : 54,6 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254027

Get Book

Fairness in Antitrust by Adi Ayal Pdf

What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.

Regulating Competition in Stock Markets

Author : Anonim
Publisher : Unknown
Page : 334 pages
File Size : 47,5 Mb
Release : 2012
Category : Competition
ISBN : 111920271X

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Regulating Competition in Stock Markets by Anonim Pdf

A guide to curbing monopoly power in stock markets Engaging and informative, Regulating Competition in Stock Markets skillfully analyzes the impact of the recent global financial crisis on health and happiness, and uses this opportunity to put regulatory systems in perspective. Happiness is lost because of emotional and physical health deterioration resulting from the crisis. Therefore, the authors conclude that financial crisis prevention should be the focus of public policy. This book is the most comprehensive study so far on potential risks to the stock market, especially various forms of m.

American Fair Trade

Author : Laura Phillips Sawyer
Publisher : Cambridge University Press
Page : 393 pages
File Size : 50,8 Mb
Release : 2018-01-11
Category : BUSINESS & ECONOMICS
ISBN : 9781107076822

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American Fair Trade by Laura Phillips Sawyer Pdf

Shows how, in the decades prior to the Great Depression, associations of independent proprietors partnered with federal regulators to create codes of fair competition.

Due Process and Fair Trial in EU Competition Law

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 50,9 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Antitrust and Upstream Platform Power Plays

Author : A. K. von Moltke
Publisher : Oxford University Press
Page : 401 pages
File Size : 51,8 Mb
Release : 2024-01-26
Category : Business & Economics
ISBN : 9780192873057

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Antitrust and Upstream Platform Power Plays by A. K. von Moltke Pdf

Large digital platforms have been in the doghouse of antitrust decision-makers worldwide in recent years. Antitrust regulators agree, urgent intervention is needed. Interestingly, it is the plight of victimized suppliers--of merchants, app developers, publishers, platform labourers, and the like, who are upstream in the value chain--that has topped the policy agenda, prompting scrutiny of an almost unprecedented intensity. Amid such anxieties, Antitrust and Upstream Platform Power Plays asks a somewhat provocative question: Are upstream platform power plays really 'competition problems', and ones for antitrust, at that? The apparently obvious answer--'yes'--is deceptively simple for a number of reasons. Firstly, it contradicts contemporary antitrust's single-minded focus on consumers, which has all but erased supplier exploitation in the brick-and-mortar economy from the policy's radar. Secondly, the wider antitrust community remains bitterly divided when it comes to judging platform practices. In addition, if any consensus could be had, it would almost certainly confirm the longstanding tenet that antitrust cannot be about supplier welfare, as such. These paradoxes call for a policy introspection-precisely what this book provides. The analysis offered in Antitrust and Upstream Platform Power Plays is altogether normative, theoretical, and practical. Normative because it engages in a supplier-mindful soul-searching exercise, which advances our understanding of antitrust's foundations; theoretical as it sheds multidisciplinary insights on upstream effects in the platform economy and develops new frameworks for rationalizing them; and practical since it takes a deep dive into the complex antitrust machinery whilst staying attuned to other available levers of public action. Answering a compelling question with an equally compelling answer, this work will appeal to scholars and policymakers worldwide with a particular interest in platform regulation, antitrust, and powerful digital platforms.

The Evolution of Competition Law in New Zealand

Author : Rex Ahdar
Publisher : Oxford University Press, USA
Page : 337 pages
File Size : 52,5 Mb
Release : 2020-08-20
Category : Law
ISBN : 9780198855606

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The Evolution of Competition Law in New Zealand by Rex Ahdar Pdf

The modern era of competition law in New Zealand began with the Commerce Act 1986. Since then, a steady and impressive corpus of case law had traversed all the usual major areas of antitrust law: cartels, resale price maintenance, exclusive dealing, tying, group boycotts, monopolization, mergers and acquisitions, exempted sectors, and the role of economic evidence. This volume explains the rationale for the various major reforms, the ongoing contestation between the Harvard and Chicago Schools of antitrust, and traces the developments of key concepts over the last 34 years. This title also explores systemic issues such as how well has New Zealand moulded its own competition law whilst nonetheless selectively drawing upon the policies, case law, and wisdom of foreign jurisdictions; how effectively has it faced the challenge of adapting its fledgling competition law to the reality of being a small, deregulated, open, and distant economy; and how successful was the application of competition law to utilities in the experimental era of 'light handed regulation'. Written by a New Zealand competition expert, this detailed, original, and comprehensive chronicle of New Zealand's competition law and policy draws together the common threads that mark the modern era and offers some predictions about how the next decades of New Zealand competition law might unfold.

Reconciling Efficiency and Equity

Author : Damien Gerard,Ioannis Lianos
Publisher : Cambridge University Press
Page : 475 pages
File Size : 40,6 Mb
Release : 2019-05-09
Category : Law
ISBN : 9781108498081

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Reconciling Efficiency and Equity by Damien Gerard,Ioannis Lianos Pdf

Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.

The Global Limits of Competition Law

Author : D. Daniel Sokol,Ioannis Lianos
Publisher : Stanford University Press
Page : 307 pages
File Size : 47,7 Mb
Release : 2012-06-13
Category : Law
ISBN : 9780804782678

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The Global Limits of Competition Law by D. Daniel Sokol,Ioannis Lianos Pdf

Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.