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This provocative book argues that the United States is paying a high price for its dominance in the emergence of new chemical, biological, and nuclear threats. The Price of Dominance recommends an integrated program of strategy, policy, arms control negotiations, and nuclear deployments to foster the necessary cooperation while retaining strong nuclear deterrence as the foundation of American security strategy.
Antitrust and competition law is a fast moving area of law and the subject of extensive academic research. The aim of this volume is to select articles as tools for understanding how antitrust and competition law is applied to unilateral conduct which is harmful to the consumer and to the competitiveness of the market. The articles examine the meaning of dominance and monopolisation and show that although legal and economic rules have been developed to establish whether undertakings hold such strong market positions, it is often difficult to determine with certainty that the undertaking being investigated meets the threshold. The various debates on pricing and non-pricing conduct are also represented as are the conflicts that have arisen regarding the exercise of intellectual property rights by powerful undertakings, particularly in the context of the new economies. The volume includes scholarly articles published on both sides of the Atlantic and enables a greater understanding of the application of antitrust and competition law from the point of view of economics and politics.
Big Data and the Abuse of Dominance by Multi-Sided Platforms by Noby Thomas Cyriac Pdf
Der Autor untersucht interdisziplinär, inwieweit Art. 102 AEUV geeignet ist, den Wettbewerb vor dem missbräuchlichen Verhalten marktbeherrschender Plattformen zu schützen. Nach einer ersten Erörterung der Grundlagen der digitalen Wirtschaft, insbesondere Big Data und mehrseitige Plattformen, werden die relevanten Konzepte, die von EU-Kommission und EU-Gerichten in ihrer Entscheidungspraxis zur Auslegung von Art. 102 AEUV entwickelt wurden, näher beleuchtet, um ihre Eignung für das Missbrauchsverbot mit Blick auf Plattformbetreiber vor dem Hintergrund der Besonderheiten mehrseitiger Märkte zu bewerten. Auch das Vorhandensein und die Abgrenzung eines Datenmarktes werden diskutiert.
Research Handbook on Abuse of Dominance and Monopolization by Pınar Akman,Or Brook,Konstantinos Stylianou Pdf
This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.
Firm Dominance in EU Competition Law by Jorge Marcos Ramos Pdf
How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union’s (EU’s) Article 102 case law, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed – today’s tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power—that a dynamic understanding of dominance requires looking both forwards and backwards in time—the author examines such sources of dominance as the following: ‒ statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; ‒ legacy firms such as the telecommunications or transport industries; ‒ natural monopolies, e.g., the exploitation of a mine; ‒ investment efforts undertaken in a competitive environment; ‒ intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; ‒ lucky monopolies; and ‒ anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competition law enforcement should be fine-tuned to adequately incorporate the origins of firm dominance into the analysis of single-firm behavior, the book makes a major contribution to the analysis of anticompetitive effects. Practitioners, competition authorities, and academics in competition law will greatly appreciate the book’s combination of legal analysis and recommendations for policy reform.
United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Business Rights, and Competition Publisher : Unknown Page : 160 pages File Size : 50,6 Mb Release : 2003 Category : Business & Economics ISBN : UOM:39015090382303
Market Dominance and Antitrust Policy by Michael A. Utton Pdf
Market dominance - encompassing single firm dominance, overt and tacit collusion, mergers and vertical restraints - raises many complex analytical and policy issues, all of which continue to be the subject of theoretical research and policy reform. This second edition of a popular and comprehensive text extends the arguments and combines an analysis of the issues with a discussion of actual policy and case studies. This new edition addresses the recent fundamental changes in antitrust law, especially in the UK and the EU, and reviews some high profile and controversial cases such as the Boeing-McDonnell Douglas merger and the Microsoft monopoly. The author moves on to deal with several unresolved questions including the conflicts between trade and antitrust policy, the foreign take-over of domestic assets and extra-territorial claims made by certain countries.
What is Dominance Economics The power that a company has over a certain economic market is referred to as market dominance. One of the characteristics of a dominating corporation is the ability to exert influence over the market price and the competition. The dominance of a company is a measurement of the power of a brand, product, service, or organization in comparison to the offers of other companies in the same industry. A dominating company also has the ability to act independently of its competitors or customers, and it does not have to worry about the distribution of its resources. There is a contrast between dominant positioning, which is a legal idea, and dominant positioning, which is an economic concept. This distinction is crucial when assessing whether or not a company's market position is dominant. How you will benefit (I) Insights, and validations about the following topics: Chapter 1: Dominance (economics) Chapter 2: Monopoly Chapter 3: Oligopoly Chapter 4: Concentration ratio Chapter 5: Herfindahl-Hirschman index Chapter 6: Anti-competitive practices Chapter 7: Barriers to entry Chapter 8: Substitute good Chapter 9: European Union competition law Chapter 10: Predatory pricing Chapter 11: Competition law Chapter 12: Market power Chapter 13: Market structure Chapter 14: Merger control Chapter 15: Market concentration Chapter 16: European Union merger law Chapter 17: Relevant market Chapter 18: Article 102 of the Treaty on the Functioning of the European Union Chapter 19: Deutsche Telekom AG v Commission Chapter 20: Telefónica SA v Commission Chapter 21: Mergers in United Kingdom law (II) Answering the public top questions about dominance economics. (III) Real world examples for the usage of dominance economics in many fields. Who this book is for Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of Dominance Economics.
A prohibition of the abuse of dominance is an essential provision in any country's competition law. The purpose of such a prohibition is to protect competition where it is potentially weakened by the presence of dominant market players. If applied immoderately, however, this prohibition is liable to seriously harm competition rather than protect it. In this useful compilation, local practitioners and academics in twelve countries provide a detailed summary and analysis of the application of their countries' law in this area, drawing on the experience of national competition authorities in dealing with market dominance as well as a wide range of legislation, administrative regulations, and case law. Nine EU member states are covered, as are Australia, New Zealand, and the United States. Although contributors were specifically asked not to compare their national provisions with Article 82 EC, the book nevertheless provides useful insight on that article, as well. National "borderline cases", of the kind described here, help to clarify the application of Article 82 EC, especially considering that the case law on this provision is often controversial. Dealing with Dominance is a useful reference tool for the application of the national counterparts to Article 82 EC in Europe and beyond and answers a basic practical need of both national and international competition law practitioners. This book can also be seen as an especially important contribution to the comparative analysis of an increasingly crucial area of economic law.
Abuse of Dominance in EU Competition Law by Pier Luigi Parcu,Giorgio Monti,Marco Botta Pdf
Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.
Capital Movements and Corporate Dominance in Latin America by Noemi Levy-Orlik,Jorge A. Bustamante-Torres,Louis-Philippe Rochon Pdf
This book addresses the problems of Latin America, through two of the most important features of the post-Bretton Woods economic order, large corporations and weak financial markets. In turn, it shows that their impact on economic growth and development is feeble and short-lived. This resulted in income concentration and an extremely unequal distribution of wealth in the region.
Developing a Path to Data Dominance by Arthur Langer,Arka Mukherjee Pdf
Most existing companies struggle currently because they lack the tools and strategies to move product departments into independent platforms that can be retrofitted to form dynamic new products based on consumer demands. This book provides managers and professionals with the necessary approaches for designing software and hardware architectures to support data platform organizations. Specifically, it demonstrates how to automate the decomposition of existing platforms into smaller parts that can be reused to form new variations. This task requires significant analysis and design methodologies and procedures to create an infrastructure based on data as opposed to products. These new knowledge bases allow data-centric professionals to pursue actions that can better predict and respond to the unexpected. Featuring case examples from companies such as Lego, FedEx, General Electric (GE), Pfizer, P&G and more, this book is appropriate for C-level executives engaged in the digital transformation of their firms; entrepreneurs of digital platform companies; and senior software engineers that need to design Internet of Things (IoT) devices and integrate them with block chain and multi-cloud architectures. In addition, this book is also useful for graduate-level coursework in data science.
From Tail Fins to Hybrids: How Detroit Lost Its Dominance of the U. S. Auto Market by Thomas H. Klier Pdf
This article explores the decline of the Detroit Three (Chrysler, Ford, and General Motors). The author identifies three distinct phases of the decline ¿ the mid-1950s to 1980, 1980 to 1996, and 1996 to 2008 ¿ culminating in the bankruptcies of Chrysler and General Motors in 2009. In showing how the U.S. auto industry has evolved since the mid-1950s, this article provides a historical frame of reference for the ongoing debate about the future of this industry. Tables and graphs.
A Principled Approach to Abuse of Dominance in European Competition Law by Liza Lovdahl Gormsen Pdf
Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse? Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission's chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law. The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings' ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82.
