Download or read book An Evidence based Approach to Exclusive Dealing and Loyalty Discounts written by Joshua D. Wright and published by . This book was released on 2009 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Simple But Wrong Or Complex But More Accurate written by Joshua D. Wright and published by . This book was released on 2013 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exclusive Dealing written by Magdalena Laskowska and published by . This book was released on 2015 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently, there has been growing literature on exclusive dealing and loyalty discounts. I posit that any exclusive dealing should be per se illegal, except in case of loyalty discounts, as it excludes competition at least for the time of its duration. Contrary to the legal and economic literature, I state that loyalty discounts should always be legal, except in case of high entry barriers (or high barriers to expansion). If high entry barriers (or high barriers to expansion) occur, I confirm that the US antitrust jurisprudence is appropriate: unless a reference market is foreclosed about over 40%, loyalty discounts are legal. Owing to the legal solution I propose in this paper, enhanced economic results may be achieved: competition gets intensified, and any exclusion of rivals that may arise would result from a strong competitive process.
Download or read book Research Handbook on Abuse of Dominance and Monopolization written by Pınar Akman and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Price and Prejudice written by Graciela Miralles Murciego and published by . This book was released on 2013 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis proposes an analysis of the evolving approach to abuse of dominance and monopolization through the case study of loyalty discounts as example of controversy both in the literature as well as in the case law. Much of this controversy draws from the fact that fidelity discounts constitute a price-based practice having similar effects to non price-based conducts such as exclusive dealing or tying. Therefore, evaluating their competitive impact necessarily requires a comprehensive assessment of vertical restraints as a whole. While the more economic approach to competition policy has influenced authorities' perception of rebates, different legal systems allow for different degrees of evolution in their actual assessment. This research puts into question the need for a hard law reform when it comes to practices calling for an economic assessment, given that the neutrality and consistency of economic tools may enable a soft law shifting of competition policy regimes.
Download or read book Loyalty Discounts Exclusive Dealing and Bundling written by Assaf Eilat and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The article reviews loyalty rebates, target rebates, exclusive dealing, and bundling, and argues that these are analogous practices that deserve similar competitive analyses and rules. In particular, in the case of all of these practices, at least some marginal units are typically sold below cost. The article shows that the analyses and rules that should apply to all of these practices ought not to depend on their labels, but rather on the monopoly power of the supplier engaged in the practice; whether, in the particular case, exclusion is costless or almost costless; the size of the sanction that the buyer suffers from being disloyal to the monopolist, and whether the sanction makes it impossible for the monopolist's as efficient rivals to compete for the buyer; the degree of market foreclosure, including its effective duration; the presence or absence of any efficiency justifications, and whether the discount is expected to be passed on to consumers. The analysis further highlights how exclusion may well be costless, or almost costless and can be achieved when the monopolist has non-price means of coercing buyers to be loyal. Further, intermediate cases are explored, in which exclusion, though not entirely costless, is nevertheless cheaper to the monopolist than ordinary predatory pricing.
Download or read book How Will the Proposed Merger Between AT T and T Mobile Affect Wireless Telecommunications Competition written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property, Competition, and the Internet and published by . This book was released on 2011 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Robust Exclusion Through Loyalty Discounts with Buyer Commitment written by Einer Elhauge and published by . This book was released on 2012 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exclusionary Practices written by Chiara Fumagalli and published by Cambridge University Press. This book was released on 2018-01-11 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most controversial area in competition policy is that of exclusionary practices, where actions are taken by dominant firms to deter competitors from challenging their market positions. Economists have been struggling to explain such conduct and to guide policy-makers in designing sensible enforcement rules. In this book, authors Chiara Fumagalli, Massimo Motta, and Claudio Calcagno explore predatory pricing, rebates, exclusive dealing, tying, and vertical foreclosure, through a blend of theory and practice. They develop a general framework which builds on and extends existing economic theories, drawing upon case law, discussions of cases and other practical considerations to identify workable criteria that can guide competition authorities to assess exclusionary practices. Along with analyses of policy implications and insights applied to case studies, the book provides practitioners with non-technical discussions of the issues at hand, while guiding economics students with dedicated technical sections with rigorous formal models.
Download or read book Separating Pro Competitive from Anti Competitive Loyalty Rebates written by Damien Geradin and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its submission to the recent OECD Roundtable on Bundled and Loyalty Discounts and Rebates (the "OECD Roundtable on rebates"), Korea observed that "loyalty discounts are getting growing attention both academically and practically" and that "this issue was now on top of the agendas of many seminars and workshops on competition law, with many papers devoted to the theme." It then explained that this trend was attributable to the fact that loyalty discounts has become an important marketing tool, which raised several competition issues in the process. While discounts or rebates - this paper will generally refer to rebates - have been used by businesses for centuries to sell greater amounts of products to customers, it is true that the compatibility of rebates with competition law has become a particularly acute issue in recent years. There are several reasons for this. These last few years have witnessed several major court judgments in the European Union (the "EU") and the United States (the "US"), which have been abundantly commented upon, hence explaining the large number of papers and seminars devoted to the subject. But, more generally, the assessment of rebates seems to be one of the most unsettled areas of competition law. In the EU, for instance, the decisional practice of the European Commission and the case-law of the Community courts have been harshly criticized as being unnecessarily strict, following a form-based approach that is poorly in line with economics. While these decisions have been sometimes misinterpreted, it is true that they were generally unhelpful in large part due to the fact they focused on the wrong questions. As a response to such criticisms (and more general criticisms about the manner in which Article 82 EC was implemented), the European Commission published in December 2005 a Discussion Paper, which promotes an effects-based approach to the assessment of rebates. While US courts have generally applied an effects-based approach to the assessment of rebates, the case-law is still unsettled, notably in the area of bundled rebates. This certainly led Korea to conclude its OECD submission by stating that "even in jurisdictions such as the US or the EU which have accumulated a considerable amount of enforcement experience regarding loyalty discounting often do not have a clear analysis method regarding this practice." While this observation is in many ways true, there are, however, encouraging signs that EU and US law are converging, and will increasingly do so, around a set of sound legal and economic principles to assess guidelines. Both the EU and the US contributions to the recent OECD Roundtable on rebates emphasize the importance of relying on objective economic criteria for the assessment of rebates. While the views of the European Commission and the US antitrust agencies still diverge on some issues, there seems to be a consensus that a price-cost test should play an important role in screening rebates that can (i.e., are able to) foreclose a dominant firms' rivals to supply one or several customers. There is also a consensus that such tests should only be a component of a broader test that should also determine whether the rebates in question substantially foreclose the relevant market and, in such cases, whether the foreclosure effect can be compensated by efficiencies. While price-cost tests help determining whether the rebates granted can have the effect of foreclosing competitors because the dominant firm's customers cannot turn to alternative suppliers without incurring substantial switching costs, it should also be demonstrated that these customers represent a substantial share of the market to which equally efficient rivals can turn, depriving them of the possibility to profitably enter and/or expand. Moreover, both EU and US law recognize the importance of taking into account in the assessment process the various efficiencies that can be generated by loyalty rebates and the extent to which they can counterbalance foreclosure effects. Against this background, this paper aims at providing a framework - based on sound legal and economic principles - designed to help competition authorities and courts to separate pro-competitive loyalty rebates from anti-competitive ones. It starts with the widely acknowledged view that in the vast majority of cases dominant firms grant rebates to their customers for legitimate reasons, i.e. not to exclude competitors but to engage in legitimate forms of price competition and to realize a variety of efficiencies, as discussed below. In fact, rebates are not only used by dominant firms, but also by firms without any market power and thus unable to exclude competitors. This paper also takes as a starting point the view - which is recognized in the vast majority of antitrust regimes - that the goal of competition law is not the protection of competitors, but the protection of competition. Hence, rebates that cause less efficient firms to lose market share should not be banned as they lack anti-competitive effects. As will be seen below, these rebates enhance consumer welfare as they ensure that customers are served by the most efficient firms and benefit from their more competitive offers.
Download or read book Federal Register written by and published by . This book was released on 2013-04 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on Methods and Models of Competition Law written by Deborah Healey and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development. A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law.
Download or read book Law and Economics of Article 102 TFEU written by Robert O'Donoghue KC and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 1608 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.
Download or read book The Economics of Loyalty Discounts and Antitrust Law in the United States written by Bruce H. Kobayashi and published by . This book was released on 2005 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Competition Law written by Richard|Bailey Whish (David) and published by Oxford University Press. This book was released on 2024 with total page 1269 pages. Available in PDF, EPUB and Kindle. Book excerpt:
