Download or read book Misuse of Market Power written by Katharine Kemp and published by Cambridge University Press. This book was released on 2018-06-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017. Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards.
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 Devil Is in the Details Analysis of Substantial Market Power in Fijian Markets written by Releshni Karan Reddy and published by Scientific Research Publishing, Inc. USA. This book was released on 2022-07-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fiji, being remotely located with a small population, does not attract many players to its economy. Fewer players with large market shares coupled with high barriers to entry allow firms with substantial market power (“SMP”) to form. This research aims to explore the existence of SMP amongst selected markets and the adequacy of Fiji’s regulatory law, which is inspired by the US and EU competition regulation models. Based on the analysis of competition cases and in-depth interviews with members of the Fijian competition authority, the research examines how FCCC has dealt with the issues of testing SMP in relevant markets. Three industries were randomly selected as case studies. These were the telecommunications industry, shipping industry and the LPG industry. SMP was tested using a three-stage test. Stage One was choosing the relevant market and Stage Two was analysing the market conditions such as market shares of players and barriers to entry. Stage Three was analysing whether the player could maintain its price independently of its consumers and competitors. If Stages Two and Three was affirmative in respect of Stage One, SMP was held to exist. Legislation was closely examined to identify and verify the test of firms holding SMP. The results show existence of firms holding SMP in the chosen markets in telecommunications, shipping and LPG sectors. Competition legislation in Fiji does not limit the mere existence of SMP but punishes abuse of its SMP. The results identify the ways in which the authority seeks to adjust its competition system to the particularities of a small developing country, in terms of legislation, economy, culture and institutional framework. The existing legislation needs to be reformed to include provisions identifying tests for SMP. The study reveals inconsistencies between the formal provisions of the competition law and the manner in which it is applied and advances recommendations for improvement.
Download or read book Antitrust Analysis of Online Sales Platforms Copyright Limitations and Exceptions written by Bruce Kilpatrick and published by Springer. This book was released on 2018-07-03 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Download or read book Antitrust Law written by Phillip Areeda and published by . This book was released on 1978 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Metaphysics of Market Power written by George Raitt and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian competition law has just emerged from a significant period of reform which has seen controversial changes to the legal test to distinguish between normal competitive conduct and conduct that should be condemned. The controversy continues, arguably because the traditional legal conception of market power does not provide a useful standard in real world markets. This important new book offers a radical interpretation of market power, based on the power to manipulate. Seeing it in this way allows for positive and normative standards within which to frame a legal theory of liability for misuse of that power. The book provides suggestions to improve the forensic assessment of conduct that should be condemned as misuse of market power.
Download or read book Competition Law of the EU and UK written by Sandra Marco Colino and published by . This book was released on 2019 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law of the EU and UK is the essential introduction to competition law. Clear and accessible, without compromising on rigor, it helps students to navigate all of the technicalities of competition law. With strong coverage of the economics underpinning the law, this text leads students through the complexities of competition law and helps them to understand its principles. Designed to bring the law to life, a range of learning features aid comprehension and invite students to think about the many applications of competition law. Key cases boxes provide lively discussion, and user-friendly flow charts and visual aids offer a stimulating approach to competition law, making it an ideal introduction to the subject for undergraduates and postgraduates new to this area of law. An Online Resource Centre accompanies this book and provides: Summary maps and key cases - downloadable for ease of use Multiple choice questions - to help students to self-check progress and understanding Table of OFT decisions - for quick reference Web links - to enable students to take their learning further
Download or read book Misuse of Market Power written by Katharine Kemp and published by Cambridge University Press. This book was released on 2018-06-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.
Download or read book Modern Industrial Organization written by Dennis W. Carlton and published by Addison Wesley. This book was released on 2000 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers modern coverage of modern industrial organizations, including strategic behaviour and game theory. It uses a unified structure to analyse theories and empirical evidence about the organization of firms and indutries.
Download or read book Market definition and market power in the platform economy written by Jens-Uwe Franck and published by Centre on Regulation in Europe asbl (CERRE). This book was released on 2019-05-08 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of digital platforms and the natural tendency of markets involving platforms to become concentrated, competition authorities and courts are more frequently in a position to investigate and decide merger and abuse cases that involve platforms. This report provides guidance on how to define markets and on how to assess market power when dealing with two-sided platforms. DEFINITION Competition authorities and courts are well advised to uniformly use a multi-markets approach when defining markets in the context of two-sided platforms. The multi-markets approach is the more flexible instrument compared to the competing single-market approach that defines a single market for both sides of a platform, as the former naturally accounts for different substitution possibilities by the user groups on the two sides of the platform. While one might think of conditions under which a single-market approach could be feasible, the necessary conditions are so severe that it would only be applicable under rare circumstances. To fully appreciate business activities in platform markets from a competition law point of view, and to do justice to competition law’s purpose, which is to protect consumer welfare, the legal concept of a “market” should not be interpreted as requiring a price to be paid by one party to the other. It is not sufficient to consider the activities on the “unpaid side” of the platform only indirectly by way of including them in the competition law analysis of the “paid side” of the platform. Such an approach would exclude certain activities and ensuing positive or negative effects on consumer welfare altogether from the radar of competition law. Instead, competition practice should recognize straightforwardly that there can be “markets” for products offered free of charge, i.e. without monetary consideration by those who receive the product. ASSESSMENT The application of competition law often requires an assessment of market power. Using market shares as indicators of market power, in addition to all the difficulties in standard markets, raises further issues for two-sided platforms. When calculating revenue shares, the only reasonable option is to use the sum of revenues on all sides of the platform. Then, such shares should not be interpreted as market shares as they are aggregated over two interdependent markets. Large revenue shares appear to be a meaningful indicator of market power if all undertakings under consideration serve the same sides. However, they are often not meaningful if undertakings active in the relevant markets follow different business models. Given potentially strong cross-group external effects, market shares are less apt in the context of two-sided platforms to indicate market power (or the lack of it). Barriers to entry are at the core of persistent market power and, thus, the entrenchment of incumbent platforms. They deserve careful examination by competition authorities. Barriers to entry may arise due to users’ coordination failure in the presence of network effect. On two-sided platforms, users on both sides of the market have to coordinate their expectations. Barriers to entry are more likely to be present if an industry does not attract new users and if it does not undergo major technological change. Switching costs and network effects may go hand in hand: consumer switching costs sometimes depend on the number of platform users and, in this case, barriers to entry from consumer switching costs increase with platform size. Since market power is related to barriers to entry, the absence of entry attempts may be seen as an indication of market power. However, entry threats may arise from firms offering quite different services, as long as they provide a new home for users’ attention and needs.
Download or read book Antitrust Basics written by Thomas V. Vakerics and published by Law Journal Seminars Press. This book was released on 2017-12-28 with total page 1200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book anticipates virtually every antitrust issue you can expect to face, including: horizontal and vertical restraints; joint ventures; private treble damage actions; price fixing; and more.
Download or read book The 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 1695 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 Antitrust Laws and Trade Regulation written by Julian O. Von Kalinowski and published by LexisNexis. This book was released on 1996 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: With today's rapid changes in worldwide mass communication, it is critical that your library contain a title discussing in detail the legal implications of the new technology. All aspects of the regulation of cable, broadcasting, satellite and the Internet, including access, franchising, programming, compatibility, cross-ownership and privacy issues are discussed. New technologies, including High Definition Television (HDTV), Satellite Master Antenna Television (SMATV), Direct Broadcast Satellite (DBS) and Multipoint Distribution Service (MDS); and traditional legal issues adapted for new technologies, such as antitrust, securities and taxation are also covered. The price quoted for the work, which is updated twice annually, covers one year's worth of service.
Download or read book Exclusion Collusion and Confusion written by Malcolm B. Coate and published by . This book was released on 1990 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Variety Equity and Efficiency written by Kelvin Lancaster and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Antitrust Enterprise written by Herbert HOVENKAMP and published by Harvard University Press. This book was released on 2009-06-30 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Download or read book The Cambridge Handbook of the Law of the Sharing Economy written by Nestor M. Davidson and published by Cambridge University Press. This book was released on 2018-11-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.
