Download or read book Potential Competition written by Herbert Hovenkamp and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Potential competition” refers to the effects of sources of competition that have not yet emerged as actual competitors. These could be firms that produce different products in the same geographic area, or those that sell the same product but in a different geographic area. It could also refer to the potential of sellers that do not yet even exist, but who might emerge if conditions become favorable. The most recent potential competition focus concerns merger law. Historically, however, the concerns were much broader, covering not only the Sherman Act but also reaching such fundamental issues as whether antitrust is necessary at all, given that potential competition is always present to discipline competitive abuses. The Clayton Act largely adopted economist John Bates Clark's intermediate proposal that potential competition is a powerful force, but one that could be manipulated so as to make it ineffective.After briefly discussing the varieties of the potential competition problem in antitrust analysis, this essay turns to merger law, particularly to the 2023 draft Merger Guidelines effort to revive merger law's potential competition doctrines. The ultimate question is whether and how potential competition merger concerns should be expanded. More particularly, what is the place of the doctrines of “perceived” and “actual” potential entry that the Supreme Court considered in the 1960s and 1970s but then abandoned? The case for a perceived potential entrant doctrine is much stronger than for an actual potential entrant doctrine. In addition, should “entrenchment,” another merger harm revived in the 2023 draft Guidelines, be recognized and if so how?Further, what is the effect of heavily revised conceptions of market definition since the 1960s. For example, variations of the “hypothetical monopolist” test (HMT) applied today consider not only who is currently making sales in a market, but also who could be making them in response to a small but significant and nontransitory increase in price? That suggests the interesting question who would not be in the market under the HMT but still should be counted as a potential competitor for purposes of evaluating a merger? That is, to a significant extent the HMT may displace potential competition doctrine.
Download or read book Potential Competition Doctrine written by Christopher Bremme and published by . This book was released on 1992 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Anticipating the 21st Century a Report Competition policy in the new high tech global marketplace written by United States. Federal Trade Commission and published by . This book was released on 1996 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Toehold Acquisitions and the Potential Competition Doctrine written by Frank H. Easterbrook and published by . This book was released on 1972 with total page 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 The Potential Competition Doctrine written by Charles F. Haywood and published by . This book was released on 1972 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Antitrust Paradigm written by Jonathan B. Baker and published by Harvard University Press. This book was released on 2019-05-06 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
Download or read book Competition to Innovate and Future Potential Competition written by Lawrence B. Landman and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When reviewing mergers and similar transaction the American antitrust enforcers must, at times, protect competition in markets for products which do not exist. These include nascent competition cases. To justify doing so courts must develop a new legal doctrine: the current closest legal doctrine, potential competition, only allows courts, and the enforcers, to protect competition in markets for products which exist. This article describes this new legal doctrine, which it calls Future Potential Competition.
Download or read book Memorandum Re The Potential Competition Doctrine 1973 written by Charles F. Haywood and published by . This book was released on 1973 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Anticipating the 21st Century written by United States. Federal Trade Commission and published by . This book was released on 1996 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Innovation and Antitrust written by Federico Etro and published by Springer Science & Business Media. This book was released on 2007-09-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews recent progress in the theory of oligopoly and market leadership and provides new results on the theory of Stackelberg competition and Nash competition with strategic investment under endogenous entry. These theories are applied to models of competition in quantities, prices and to patent races. The results are used to propose a new approach to competition policy and issues of the abuse of dominance.
Download or read book The Potential Competition Doctrine written by Charles F. Haywood and published by . This book was released on 1972 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dynamic Competition and Public Policy written by Jerome Ellig and published by Cambridge University Press. This book was released on 2001-04-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars explore antitrust issues as these relate to dynamic industry competition and public policy.
Download or read book The Theory of Collusion and Competition Policy written by Joseph E. Harrington, Jr. and published by MIT Press. This book was released on 2017-11-16 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: A review of the theoretical research on unlawful collusion, focusing on the impact and optimal design of competition law and enforcement. Collusion occurs when firms in a market coordinate their behavior for the purpose of producing a supracompetitive outcome. The literature on the theory of collusion is deep and broad but most of that work does not take account of the possible illegality of collusion. Recently, there has been a growing body of research that explicitly focuses on collusion that runs afoul of competition law and thereby makes firms potentially liable for penalties. This book, by an expert on the subject, reviews the theoretical research on unlawful collusion, with a focus on two issues: the impact of competition law and enforcement on whether, how long, and how much firms collude; and the optimal design of competition law and enforcement. The book begins by discussing general issues that arise when models of collusion take into account competition law and enforcement. It goes on to consider game-theoretic models that encompass the probability of detection and penalties incurred when convicted, and examines how these policy instruments affect the frequency of cartels, cartel duration, cartel participation, and collusive prices. The book then considers the design of competition law and enforcement, examining such topics as the formula for penalties and leniency programs. The book concludes with suggested future lines of inquiry into illegal collusion.
Download or read book Potential Competition written by Mats Bergman and published by . This book was released on 2002 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bellamy Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
Download or read book EU Competition Law Data Protection and Online Platforms Data as Essential Facility written by Inge Graef and published by Kluwer Law International B.V.. This book was released on 2016-10-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
