Download or read book Courts Regulators and the Scrutiny of Economic Evidence written by Despoina Mantzari and published by Oxford University Press. This book was released on 2022-09-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts. This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be. Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.
Download or read book Courts Regulators and the Scrutiny of Economic Evidence written by Despoina Mantzari and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems.
Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Download or read book Economic Reasoning and Judicial Review written by Stephen G. Breyer and published by American Enterprise Institute. This book was released on 2004 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay, delivered as the AEI-Brookings Joint Center for Regulatory Studies's 2003 distinguished lecture, now is available for download and purchase.
Download or read book The Failure of Judges and the Rise of Regulators written by Andrei Shleifer and published by National Geographic Books. This book was released on 2016-03-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A noted economist argues that the ubiquity of regulation can be explained by its greater efficiency when compared to litigation. Government regulation is ubiquitous today in rich and middle-income countries—present in areas that range from workplace conditions to food processing to school curricula—although standard economic theories predict that it should be rather uncommon. In this book, Andrei Shleifer argues that the ubiquity of regulation can be explained not so much by the failure of markets as by the failure of courts to solve contract and tort disputes cheaply, predictably, and impartially. When courts are expensive, unpredictable, and biased, the public will seek alternatives to dispute resolution. The form this alternative has taken throughout the world is regulation. The Failure of Judges and the Rise of Regulators gathers Shleifer's influential writings on regulation and adds to them a substantial introductory essay in which Shleifer critiques the standard theories of economic regulation and proposes “the Enforcement Theory of Regulation,” which sees regulation as the more efficient strategy for social control of business. Subsequent chapters present the theoretical and empirical case against the efficiency of courts, make the historical and theoretical case for the comparative efficiency of regulation, and offer two empirical studies suggesting circumstances in which regulation might emerge as an efficient solution to social problems. Shleifer does not offer an unconditional endorsement of regulation and its expansion but rather argues that it is better than its alternatives, particularly litigation. Contributors Nicola Gennaioli, Anthony Niblett, Richard A. Posner, Simeon Djankov, Rafael La Porta, Florencio Lopez-de-Silanes, Edward L. Glaeser, Simon Johnson, Casey B. Mulligan
Download or read book Economics for Competition Lawyers written by Gunnar Niels and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economics for Competition Lawyers provides a comprehensive explanation of the economic principles most relevant for competition law. Written specifically for competition lawyers, it uses real-world examples, is non-technical, and explains the key points from first principles.
Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Download or read book Judicial Review of Administrative Discretion in the Administrative State written by Jurgen de Poorter and published by Springer. This book was released on 2019-06-07 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.
Download or read book Competition is Killing Us written by Michelle Meagher and published by Penguin UK. This book was released on 2020-09-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in the age of big companies where rising levels of power are concentrated in the hands of a few. Yet no government or organisation has the power to regulate these titans and hold them to account. We need big companies to share their power and we, the people of the world, need to reclaim it. In Competition is Killing Us, top business and competition lawyer Michelle Meagher establishes a new framework to control capitalism from the inside in order to make it work for the many and not just the few. Meagher has spent years campaigning against these multi-billion and trillion dollar mammoths that dominate the market and prioritise shareholder profits over all else; leading to extreme wealth inequality, inhumane conditions for workers and relentless pressure on the environment. In this revolutionary book, she introduces her wholly-achievable alternative; a fair and comprehensive competition law that limits unfair mergers, enforces accountability and redistributes power through stakeholder governance.
Download or read book The Costs of Implementing the Dodd Frank Act written by United States. Congress. House. Committee on Financial Services. Subcommittee on Oversight and Investigations and published by . This book was released on 2011 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook of Regulatory Authorities written by Maggetti, Martino and published by Edward Elgar Publishing. This book was released on 2022-08-12 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring a comprehensive analytical collection of interdisciplinary research on regulatory authorities, this innovative Handbook combines contributions from leading scholars and regulatory practitioners to present the fundamental theoretical concepts, empirical achievements and challenges in the contemporary study of regulatory authorities.
Download or read book Uncertain Causation in Tort Law written by Miquel Martín-Casals and published by Cambridge University Press. This book was released on 2015-11-19 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.
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 The Cost benefit State written by Cass R. Sunstein and published by American Bar Association. This book was released on 2002 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the current topic of Federal Government regulations increasingly assessed by asking whether the benefits of the regulation justifies the cost of the regulation.
Download or read book Competition Law written by Ioannis Lianos and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook, designed for a readership of graduate students, policy makers, and practitioners in competition law, aims to provide a comprehensive reference on EU and UK competition law. While the majority of the text comprises analysis supplemented with detailed commentary and analysis of judgments, NCA and Commission decisions, and legislation, the casebook also gives a high-level introduction to the design and history of EU and UK competition law, including an overview of the main actors and their objectives, furnishing students with the understanding of the law required to practise competition law. In particular, the casebook takes an interdisciplinary approach to the subject, featuring a substantial section on the economic context of competition law accessible even to those with no economics background. The book is accompanied by specialist volumes on intellectual property and enforcement and procedure.
Download or read book Business and the Roberts Court written by Jonathan H. Adler and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the Roberts Court 'pro-business'? If so, what does this mean for the law and the American people? 'Business and the Roberts Court' provides a critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.
Download or read book Regulation written by Anthony I Ogus and published by Bloomsbury Publishing. This book was released on 2004-10-15 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reprint of Anthony Ogus' classic study of regulation,first published in the 1990s. It examines how, since the last decades of the twentieth century there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory Anthony Ogus critically examines the ways in which public law has been adapted to the task of regulating industrial activity and provides a systematic overview of the theory and forms of social and economic regulation. In particular, he explores the reasons why governments regulate, for which, broadly speaking, two theoretical frameworks exist. First 'public interest' theories determine that regulation should aim to improve social and economic welfare. Second, 'economic' theories suggest that regulation should aim to satisfy the demands of private interests. The book also looks at the evolution of the forms of regulation in Britain, extending to the policies of privatization and deregulation which were so characteristic of the period. The author skilfully evaluates the advantages and disadvantages of the different forms of regulation, particularly in the light of the two theoretical frameworks, but also by involving an analysis of how firms respond to the various kinds of incentives and controls offered by government. A significant feature of the book is its analysis of the choices made by governments between the different forms of regulation and the influence exerted by interest groups (including bureaucrats) and EC law.
