Download or read book Monopolization and Abuse of Dominant Position written by René Joliet and published by . This book was released on 1970 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparison of national level legislation concerning monopoly structure in EC countries and in the USA - includes comments on relevant legislation under the sherman act and the treaty ofRome. References.
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 Dominance and Monopolization written by Rosa Greaves and published by Routledge. This book was released on 2017-05-15 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Monopolization and Abuse of a Dominant Position written by Gregory Burke Adams and published by . This book was released on 1985 with total page 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: With discussions on economic theory, cases, law, and policy, this book gives a well-rounded view of exclusionary practices and monopolization.
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 Intellectual Property Rights at the Crossroad Between Monopolization and Abuse of Dominant Position written by Emanuela Arezzo and published by . This book was released on 2014 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: As intellectual property rights have encountered an expansive trend throughout the world, the debate on the relation between IPRs and competition law has regained enormous attention.The discussion about whether antitrust law is (or should) be the most appropriate instrument to constraint an over-expansionist application of IPRs has found strong supporters and opponents on both sides of the Atlantic.However, American courts and European agencies have adopted a quite different approach in the treatment of anticompetitive conduct favored by the exploitation of an intellectual property right. Namely, American courts have shown a tendency to refrain competition law tools from interfering with intangible monopolies, while European agencies have severely constrained monopolists' conduct that - in the most common example - use IPRs to leverage their dominant position in a second market.This paper aims at studying and comparing the diverse approaches outlined above starting the analysis from the normative and conceptual difference between American monopolization and attempt to monopolize claims and European abuse of dominant position. As we will see, significant differences exist between these doctrines which have exerted a significant impact on the way courts apply competition tools towards IPRs.
Download or read book Market Dominance and Antitrust Policy written by Michael A. Utton and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Economics of Abuse of Dominant Position written by Ritesh Puri and published by . This book was released on 2019 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economics of competition law has been closely related to that of monopoly and the abuse of dominant position by firms. The paper aims to bring out the role of economics in the determination of abuse of dominant position by a firm in a free market with special emphasis on the factors that are used in defining dominance explained extensively with the use of several cases decided in Indian and in European courts. It also lays down the various exclusionary pricing strategies undertaken by firms in order to exploit potential competitors and customers with a detailed analysis of exclusionary conduct. The concept of collective dominance has also been briefly dealt with, in reference to approaches used in order to determine the effects of cartelization in the market.
Download or read book Firm Dominance in EU Competition Law written by Jorge Marcos Ramos and published by Kluwer Law International B.V.. This book was released on 2020-02-20 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Abuse of Dominant Position New Interpretation New Enforcement Mechanisms written by Mark-Oliver Mackenrodt and published by Springer Science & Business Media. This book was released on 2008-07-25 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
Download or read book Mergers and Abuse of Dominant Position Legal Aspects written by and published by . This book was released on 1995-08 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Law and Economics written by Abel Moreira Mateus and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.
Download or read book Dealing with Dominance written by Nauta Dutilh (Firm) and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Legal Periphery of Dominant Firm Conduct written by Herbert Hovenkamp and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay explores two different but related problems and how U.S. antitrust law and EU competition law approach them. The first is the offense of attempt to monopolize, which concerns the acts that a firm that is not yet dominant might undertake in order to become dominant. The second is the offense of monopoly or dominant firm leveraging, which occurs when a firm uses its dominant position in one market to cause some kind of harm in a different market where it also does business. The language of EU and U.S. provisions concerning dominant firms provokes one to think that the differences between them are significant. The Sherman Act includes an express attempt to monopolize claim while Article 82 does not. Article 82's "abuse of dominance" language invites in a concept of non-monopolistic leveraging while the U.S. antitrust law is moving in the opposite direction. In practice, the differences are not so great, although they should not be minimized either. Further, when one looks at the full range of competition laws and not just the provisions respecting unilateral conduct by dominant firms, then the differences appear to result more from the happenstance of statutory drafting than from significant differences concerning the scope of unlawful single-firm conduct.
Download or read book Refusal to Deal written by Gregory Burke Adams and published by . This book was released on 1979 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Anti Monopoly Law and Practice in China written by H. Stephen Harris and published by Oxford University Press. This book was released on 2011-07-05 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The China Anti-Monopoly Law (AML), which became effective August 1, 2008, is the first comprehensive competition law enacted by China. The AML prohibits a broad array of agreements between competitors and commercial counterparties, as well as competitive conduct by single firms that may harm the competitive process. In addition, it establishes a mandatory administrative review procedure for mergers and acquisitions between companies meeting certain sales thresholds, globally or in China. Beyond these fundamental provisions, the AML prohibits certain types of administrative abuses believed to be prevalent in China and establishes a complex set of administrative agencies with broad powers to enforce the law. Anti-Monopoly Law and Practice in China is the first comprehensive treatment of the AML and the practice of antitrust law under this new system. Each chapter on the substantive provisions of the law includes practical advice on approaches to meeting the challenge of complying with the law's requirements, including analysis of likely interpretations and applications of the AML based on precedents in related economic laws and actions by other administrative agencies. Where policy choices are uncertain, the text will explore probable developments in China based on comparable applications of competition laws in other jurisdictions.
