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Separation of Powers and Antitrust by Vincent Martenet Pdf
In these challenging, digital times, separation of powers and antitrust both occupy centre stage, but their interactions have yet to be analysed. This timely and innovative book explores their potential convergence, notably examining the concentration of politico-economic power in the hands of a few digital platforms.
Author : United States. Department of Justice Publisher : Unknown Page : 40 pages File Size : 43,7 Mb Release : 1995 Category : Antitrust law ISBN : PURD:32754066024138
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
The Perils of Partnership by Jonathan H. Marks Pdf
Countless public health agencies are trying to solve our most intractable public health problems -- among them, the obesity and opioid epidemics -- by partnering with corporations responsible for creating or exacerbating those problems. We are told industry must be part of the solution. But is it time to challenge the partnership paradigm and the popular narratives that sustain it? In The Perils of Partnership, Jonathan H. Marks argues that public-private partnerships and multi-stakeholder initiatives create "webs of influence" that undermine the integrity of public health agencies; distort public health research and policy; and reinforce the framing of public health problems and their solutions in ways that are least threatening to the commercial interests of corporate "partners". We should expect multinational corporations to develop strategies of influence -- but public bodies can and should develop counter-strategies to insulate themselves from corporate influence in all its forms. Marks reviews the norms that regulate public-public interactions (separation of powers) and private-private interactions (antitrust and competition law), and argues for an analogous set of norms to govern public-private interactions. He also offers a novel framework to help public bodies identify the systemic ethical implications of their current or proposed relationships with industry actors. Marks makes a compelling case that the default public-private interaction should be at arm's length: separation, not collaboration. He calls for a new paradigm that avoids the perils of corporate influence and more effectively protects and promotes public health. The Perils of Partnership is essential reading for public health officials and policymakers -- but anyone interested in public health will recognize the urgency of this book.
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.
This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.
Competition, Effects and Predictability by Bruce Wardhaugh Pdf
In the US and EU, legal analysis in competition cases is conducted on a case-by-case approach. This approach assesses each particular practice for both its legality and its welfare effects. While this analytic method has the merits of 'getting the result right' by, inter alia, reducing error costs in antitrust adjudication, it comes at a cost of certainty, predictability and clarity in the legal principles which govern antitrust law. This is a rule of law concern. This is the first book to explore this tension between Europe's 'More Economic Approach', the US's Rule of Reason, and the Rule of Law. The tension manifests itself in the assumptions in and choice of analytic method; the institutional agents driving this effects based approach and their competency to use and assess the results of the methodology they demand; and, the nature and stability of the legal principles used in modern effects-based competition analysis. The book forcefully argues that this approach to competition law represents a threat to the rule of law. Competition, Effects and Predictability will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.
Private Antitrust Litigation in the European Union and Japan by Simon Vande Walle Pdf
Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers Publisher : Unknown Page : 540 pages File Size : 52,6 Mb Release : 1974 Category : Criminal justice, Administration of ISBN : UCSD:31822019210558
Removing Politics from the Administration of Justice by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers Pdf
Number 14 in the Antitrust law Section monograph series, this work summarizes the state of the law in every area affecting semihorizontal, conglomerate and vertical mergers, and was prepared as a companion to Monograph 12.
International Cooperation in Competition Law Matters by Anton Godt Pdf
The study outlines the status quo of international cooperation in competition law matters. This is done by examining, in chronological order, the various approaches of the many multi- and bi-lateral international agreements that have attempted to solve the problems of competition law (WTO, GATT, etc.). Subsequently, the focus of this thesis is on the analysis of bilateral trade agreements. Within the framework of this analysis, the potential of trade agreements for competition law cooperation is to be shown. For this reason, only those bilateral trade agreements are analyzed that deal with the topic of regulatory cooperation in competition law in specially provided competition chapters. In doing so, the different stages of cooperation will be analyzed along the different integration phases of any trade agreements. The highest form of trade agreement integration – customs unions – will be dealt with separately, using the EU as an example.
United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers Publisher : Unknown Page : 1580 pages File Size : 46,8 Mb Release : 1971 Category : Executive power ISBN : UCBK:C051765433
Constitutionality of the President's "pocket Veto" Power by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers Pdf
Public Law and Economics by Robert Cooter,Michael Gilbert Pdf
Introduction to public law and economics -- Theory of bargaining -- Bargaining applications -- Theory of voting -- Voting applications -- Theory of entrenchment -- Entrenchment applications -- Theory of delegation -- Delegation applications -- Theory of adjudication -- Adjudication applications -- Theory of enforcement -- Enforcement applications.