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Author : Dieter Schmidtchen,Max Albert,Stefan Voigt
Publisher : Unknown
Page : 359 pages
File Size : 50,7 Mb
Release : 2007
Category : Antitrust law
ISBN : 3161494148
Author : Anne C Witt
Publisher : Bloomsbury Publishing
Page : 375 pages
File Size : 46,5 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781509909223
In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.
Author : Anne Cleino Witt
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2016
Category : Antitrust law
ISBN : 1474202357
Triggers and catalysts -- The process -- The agenda -- A more economic objective -- A more economic concept of harm -- A more economic concept of countervailing effects -- A more economic test -- A more economic methodology -- Advantages -- Compatibility with the case law -- Other concerns
Author : Iacovides, Marios C.
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 52,7 Mb
Release : 2021-10-12
Category : Law
ISBN : 9781800375574
This insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law.
Author : Roger J. Van den Bergh
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 55,9 Mb
Release : 2017-09-29
Category : Antitrust law
ISBN : 9781786438317
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.
Author : Damien Geradin,Anne Layne-Farrar,Nicolas Petit
Publisher : OUP Oxford
Page : 916 pages
File Size : 43,6 Mb
Release : 2012-03-22
Category : Law
ISBN : 9780191637490
This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.
Author : Basedow
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 46,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041131744
During the last decade the European Commission has progressively adopted what is called a andmore economic approachand toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these andnewand methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionands State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the andmore economicand approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherands discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.
Author : Klaus Mathis,Avishalom Tor
Publisher : Springer
Page : 358 pages
File Size : 41,9 Mb
Release : 2019-03-18
Category : Law
ISBN : 9783030116118
This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.
Author : Roger van den Bergh,Peter D. Camesasca
Publisher : Intersentia nv
Page : 617 pages
File Size : 43,9 Mb
Release : 2001
Category : Antitrust law
ISBN : 9789050951616
The aim of this book is to explore the economic fundamentals of European competition law.
Author : Josef Drexl,Wolfgang Kerber,Rupprecht Podszun
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 45,5 Mb
Release : 2011-01-01
Category : Business & Economics
ISBN : 9780857930330
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 : Mitja Kovač,Ann-Sophie Vandenberghe
Publisher : Unknown
Page : 0 pages
File Size : 53,9 Mb
Release : 2016
Category : Antitrust law
ISBN : 1780682867
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.
Author : Bruce Wardhaugh
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 45,9 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781509926091
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.
Author : Kiran Klaus Patel,Heike Schweitzer
Publisher : Oxford University Press
Page : 256 pages
File Size : 40,5 Mb
Release : 2013-07-11
Category : Law
ISBN : 9780199665358
A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.
Author : Max Albert,Stefan Voigt,Dieter Schmidtchen
Publisher : Unknown
Page : 0 pages
File Size : 45,6 Mb
Release : 2007
Category : Business & Economics
ISBN : 3161565533
Over the past ten years, European competition policy has undergone dramatic change, largely inspired by the European Commission ́s move towards a more economics-based approach. A more economic approach to the application of competition law means that the assessment of each specific case will not be undertaken on the basis of the form or intrinsic nature of a particular practice but rather will be based on a careful examination and weighing of its anti- and pro-competitive effects. This move to an effects-based approach will lead itself to a rule of reason approach in antitrust proceedings, and efficiency as a goal of antitrust can be expected to play a more important role in the future. While economic reasoning is becoming increasingly common in the study of substantive antitrust, little attention has been devoted to procedural and enforcement issues. In this volume, economists and lawyers both from academia and practice investigate a number of basic questions concerning the law and economics of antitrust enforcement.
Author : Marios C. Iacovides
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 52,5 Mb
Release : 2021-10-05
Category : Electronic
ISBN : 1800375565
This insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law. Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement. Exploring key WTO concepts and employing law and economics benchmarks to make comparisons, this thought-provoking book will be of benefit to scholars and students of law and economics, global transnational law and WTO law in particular. It will also prove valuable for practitioners and policy makers involved in international trade law and dispute settlement.