Download or read book Antitrust and the Multivalued Function of Competition written by Luiz Felipe Rosa Ramos and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Antitrust and the Multivalued Function of Competition written by Luiz Felipe Rosa Ramos and published by . This book was released on 2021-07-23 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a renewed approach to the debate on antitrust goals. Based on a legal-sociological perspective, it conceives competition as a form with social functions. Thus, competition is not a mere derivation of efficiency or consumer welfare, but an autonomous goal of antitrust which pervades cartel, unilateral conduct and merger cases. According to Tobias Werron, this is a great piece of scholarship (...) that suggests an openness of mind and independence of thought. Celso Campilongo writes: the publication of this work ought to be celebrated. It is far from trivial or usual to reconstruct (...) a sociology of antitrust law.

Download or read book Economic Efficiency written by Ben Van Rompuy and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, we have witnessed an apparent convergence of views among competition agency officials in the European Union and the United States on the appropriate goals of competition law enforcement. Antitrust policy, it is now suggested, should focus on enhancing economic efficiency, which we are to believe will promote consumer welfare. Recent EU Commission Guidelines on the application of Article 101 TFEU appear to banish considerations that cannot be construed as having an economic efficiency value – such as the environment, cultural policy, employment, public health, and consumer protection – from the application of Article 101 TFEU. Arguing that the professed adoption of an exclusive efficiency approach to Article 101 TFEU does not preclude, but rather obfuscates the role of non-efficiency considerations, the author of this timely contribution accomplishes the following objectives: traces the genesis of the shift to an efficiency orientation in EU and US antitrust policy and dispels several ingrained misconceptions that underpin it; demonstrates the close interrelationship between evolving images of the purpose of antitrust, the development of related enforcement norms, and enforcement output; provides in-depth analyses of a number of analytically rich cases in the audiovisual sector (and particularly those related to sports rights); and explores what the role of non-efficiency considerations in the application of Article 101 TFEU could and should be under the modernized enforcement regime.

Download or read book Intellectual Property Rights and Competition in Standard Setting written by Valerio Torti and published by Routledge. This book was released on 2015-10-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

Download or read book Competition Law s Innovation Factor written by Viktoria H S E Robertson and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.

Download or read book Media Diversity and Localism written by Philip M. Napoli and published by Routledge. This book was released on 2009-03-04 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions concerning the quality of media performance and the effectiveness of media policymaking often revolve around the extent to which the media system fulfills the values inherent in diversity and localism principles. This edited volume addresses challenges and issues relating to diversity in local media markets from a media law and policy perspective. Editor Philip M. Napoli provides a conceptual and empirical framework for assessing the success/failure of media markets and media outlets in fulfilling diversity and localism objectives. Featuring well-known contributors from a variety of disciplines, including media, law, political science, and economics, Media Diversity and Localism explores the following topics: *media ownership and media diversity and localism; *conceptual and methodological issues in assessing media diversity and localism; *minorities, media, and diversity; and *contextualizing media diversity and localism: audience behavior and new technologies. This substantive and timely volume speaks to scholars and researchers in the areas of media law and policy, political science, and all others interested in media regulation. It can also be used in a graduate seminar on media policy topics.

Download or read book The More Economic Approach to EU Antitrust Law written by Anne C Witt and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 An Introduction to Competition Law written by Piet Jan Slot and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to serve as a first acquaintance with competition law. It aims to reach a broad range of readers: students, teachers in further and higher education, officials and practising lawyers who are not usually faced with competition law issues in their working lives. This second edition has been fully updated in the light of the latest developments, and covers both EU and UK competition law along with an introduction to the EU rules on State Aid. It provides insight into the combined system of EU and UK competition law, providing a broad range of examples for the three main subjects – the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision of concentrations (ie mergers and acquisitions). Those examples are drawn from European and UK practice. These greatly enhance the exposition of the general principles, taking into account recent legislative and judicial developments.

Download or read book The New EU Competition Law written by Pablo Ibáñez Colomo and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.

Download or read book The Full Monty written by Jeffrey A. Barker and published by . This book was released on 1998 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Evidence Standards in EU Competition Enforcement written by Andriani Kalintiri and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.

Download or read book Collaborative Networks Reference Modeling written by Luis M. Camarinha-Matos and published by Springer Science & Business Media. This book was released on 2008-05-25 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collaborative Networks: Reference Modeling works to establish a theoretical foundation for Collaborative Networks. Particular emphasis is put on modeling multiple facets of collaborative networks and establishing a comprehensive modeling framework that captures and structures diverse perspectives of these complex entities. Further, this book introduces a contribution to the definition of reference models for Collaborative Networks. Collaborative Networks: Reference Modeling provides valuable elements for researchers, PhD students, engineers, managers, and leading practitioners interested in collaborative systems and networked society.

Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Download or read book Access and Cartel Cases written by Helene Andersson and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.

Download or read book A Framework for European Competition Law written by Christopher Townley and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether the current push to increase uniformity in substantive and procedural competition policy and enforcement in Europe, as well as in related institutional structures, is desirable. It focuses on European Union (EU) competition policy and enforcement (related to Articles 101 and 102 TFEU and the merger rules), the equivalent rules in the Member States, and the relationships between these different legal orders. Uniformity has many benefits; yet, the advantages of diversity are also legion, enabling more policy experimentation and innovation; and improving the ability to accommodate national preferences. Contrary to the overwhelming view of academics, practitioners and regulators in this area, the book argues that uniformity is insufficient and examines ways of achieving a better mix of uniformity and diversity (the EU's motto is 'United in Diversity'). To achieve this better mix, the book offers a new framework for European competition law: Co-ordinated Diversity. Finally, this book discusses whether Co-ordinated Diversity fits with the current legal order in the EU, as well as the EU constitutional settlement more generally, and suggests some ways that it might be made compatible with this order with relative ease. The book's impact could be significant: changing the results in individual cases; the way cases are argued; and what information is relevant. More importantly, it builds the theoretical foundations for fundamentally altering the way in which the EU and the Member States' competition authorities interact, allowing space for disagreement and uncertainty. The aim is to improve the effiiciency and effectiveness of competition policy-making and enforcement in Europe. It should also increase the legitimacy in this field (rebalancing towards the Member States). Co-ordinated Diversity provides a new way of seeing the EU that better blends difference, when this is demanded, with uniformity and its benefits, as necessary. A timely and ambitious work, this book will be read with interest by all practitioners and academics interested in EU competition law, as well as the related fields of political science and economics.

Download or read book Fighting Cross Border Cartels written by Pierre Horna and published by Bloomsbury Publishing. This book was released on 2020-03-19 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.