Download or read book The Shaky Foundations of Competition Law written by Frederic Sautet and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the ideas behind competition law in New Zealand and offers a critical assessment of its practice. It is a policy paper aimed at lawyers and legal scholars. While the paper focuses on the NZ Commerce Act, it has general applicability. The purpose of competition law in New Zealand is "to promote competition in markets for the long-term benefit of consumers". (Commerce Act 1986, s 1A) In other words, it is believed that markets left to their own devices, without any regulation of prices, quantities, or structure, could (in some cases) be harmful to consumers. The risk for consumers is such that a regulatory body, the New Zealand Commerce Commission, is necessary to make sure that market participants always take into account the benefits to consumers in their decisions. This view rests on the idea that competition is a state of affairs that must be regulated and managed by the authorities because undesirable situations of monopoly can emerge all the time. The purpose of this paper is threefold: (a) to show that the Commerce Act rests on a mistaken view of competition; (b) to explain the nature of (true) competition, and (c) to expose the real face of competition law by showing that it cannot achieve the aim it is supposed to achieve (ie to correct market outcomes so as to make sure producers' decisions always benefit consumers). The paper briefly assesses important concepts used in competition law, such as "market definition," "market power," "lessening of competition," and "dynamic efficiency." It is argued that the problem assumed by competition law is only exacerbated by regulation. Regulators should take into account the entrepreneurial process (as theorized by Israel Kirzner and others) in their analysis of market situations. So while there may be situations where competition law may seem warranted, in fact there is no crime at the crime scene. While competition law aims to protect consumers, the danger is that it may affect the self-correcting properties of the market system (an outcome worse than the disease it tries to cure).
Download or read book The Foundations of European Union Competition Law written by Renato Nazzini and published by Oxford University Press. This book was released on 2011-12 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 102 TFEU prohibits the abuse of a dominant position as incompatible with the common market. Here the difficulties of assessing abuse in terms of Article 82 in light of the objectives of EU competition law are addressed to establish a robust and workable analytical framework for abuse of dominance.
Download or read book The Evolution of Competition Law in New Zealand written by Rex Ahdar and published by Oxford University Press. This book was released on 2020-08-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern era of competition law in New Zealand began with the Commerce Act 1986. Since then, a steady and impressive corpus of case law had traversed all the usual major areas of antitrust law: cartels, resale price maintenance, exclusive dealing, tying, group boycotts, monopolization, mergers and acquisitions, exempted sectors, and the role of economic evidence. This volume explains the rationale for the various major reforms, the ongoing contestation between the Harvard and Chicago Schools of antitrust, and traces the developments of key concepts over the last 34 years. This title also explores systemic issues such as how well has New Zealand moulded its own competition law whilst nonetheless selectively drawing upon the policies, case law, and wisdom of foreign jurisdictions; how effectively has it faced the challenge of adapting its fledgling competition law to the reality of being a small, deregulated, open, and distant economy; and how successful was the application of competition law to utilities in the experimental era of 'light handed regulation'. Written by a New Zealand competition expert, this detailed, original, and comprehensive chronicle of New Zealand's competition law and policy draws together the common threads that mark the modern era and offers some predictions about how the next decades of New Zealand competition law might unfold.
Download or read book Antitrust Law Journal written by and published by . This book was released on 1986 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Law and Financial Services written by David Harrison and published by Routledge. This book was released on 2014-03-14 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law underpins the market economy by prohibiting anti-competitive agreements and practices, and the abuse of dominant positions in the market. Until the financial crisis it was widely assumed that the financial services industry was highly competitive. This book explores the extent to which this is the case. By analysing crisis and pre-crisis competition law cases and examples from the UK, the EU and around the world, David Harrison asks whether there exists good reason for financial services to be treated differently from the rest of the market economy. The theory of market efficiency is not borne out in practice. He particularly draws upon John Maynard Keynes in examining the differences between price mechanisms in product markets for "normal" goods, and price mechanisms in financial and investment markets where expectations of the future tend to play a greater role, leading to greater price fluctuations. In this evaluation, the book examines aspects of the practical functioning of capital markets such as the phenomenon of herding behaviour by financial participants, how short-term behaviour by intermediaries can be to the disadvantage of savers and productive investment, the relationship between investment markets and product markets and the extent to which the same competition rules apply to undertakings involved in both. The book will be invaluable to students, researchers and practitioners of banking and finance law, and commercial and competition law. .
Download or read book The Oxford Handbook of the Political Economy of International Trade written by Lisa L. Martin and published by Oxford Handbooks. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Political Economy of International Trade surveys the literature on the politics of international trade and highlights the most exciting recent scholarly developments. The Handbook is focused on work by political scientists that draws extensively on work in economics, but is distinctive in its applications and attention to political features; that is, it takes politics seriously. The Handbook's framework is organized in part along the traditional lines of domestic society-domestic institutions - international interaction, but elaborates this basic framework to showcase the most important new developments in our understanding of the political economy of trade. Within the field of international political economy, international trade has long been and continues to be one of the most vibrant areas of study. Drawing on models of economic interests and integrating them with political models of institutions and society, political scientists have made great strides in understanding the sources of trade policy preferences and outcomes. The 27 chapters in the Handbook include contributions from prominent scholars around the globe, and from multiple theoretical and methodological traditions. The Handbook considers the development of concepts and policies about international trade; the influence of individuals, firms, and societies; the role of domestic and international institutions; and the interaction of trade and other issues, such as monetary policy, environmental challenges, and human rights. Showcasing both established theories and findings and cutting-edge new research, the Handbook is a valuable reference for scholars of political economy.
Download or read book Market Definition in EU Competition Law written by Miguel Sousa Ferro and published by Edward Elgar Publishing. This book was released on 2019 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law.
Download or read book The Concept of Abuse in EU Competition Law written by Pinar Akman and published by Bloomsbury Publishing. This book was released on 2012-02-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
Download or read book European Competition Law and Economics written by Roger van den Bergh and published by Intersentia nv. This book was released on 2001 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explore the economic fundamentals of European competition law.
Download or read book Comparative Competition Law and Economics written by Roger J. Van den Bergh and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches.
Download or read book European Competition Law Annual 2011 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement. Authors contributing to this book include: Enno Ahlenstiel Donald Baker Jochen Burrichter Horst Butz Scott Campbell Brian Facey Tristan Feunteun Ian Forrester Andrew Foster Andrew Gavil Barry Hawk James Keyte Assimakis Komninos Bruno Lasserre Frédéric Louis Mel Marquis Veljko Milutinovic Luis Silva Morais Tom Ottervanger Silvia Pietrini Mark Powell John Ratliff J Thomas Rosch David Rosner Mario Siragusa James Venit
Download or read book Antitrust and Upstream Platform Power Plays written by A. K. von Moltke and published by Oxford University Press. This book was released on 2024-01-26 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Large digital platforms have been in the doghouse of antitrust decision-makers worldwide in recent years. Antitrust regulators agree, urgent intervention is needed. Interestingly, it is the plight of victimized suppliers--of merchants, app developers, publishers, platform labourers, and the like, who are upstream in the value chain--that has topped the policy agenda, prompting scrutiny of an almost unprecedented intensity. Amid such anxieties, Antitrust and Upstream Platform Power Plays asks a somewhat provocative question: Are upstream platform power plays really 'competition problems', and ones for antitrust, at that? The apparently obvious answer--'yes'--is deceptively simple for a number of reasons. Firstly, it contradicts contemporary antitrust's single-minded focus on consumers, which has all but erased supplier exploitation in the brick-and-mortar economy from the policy's radar. Secondly, the wider antitrust community remains bitterly divided when it comes to judging platform practices. In addition, if any consensus could be had, it would almost certainly confirm the longstanding tenet that antitrust cannot be about supplier welfare, as such. These paradoxes call for a policy introspection-precisely what this book provides. The analysis offered in Antitrust and Upstream Platform Power Plays is altogether normative, theoretical, and practical. Normative because it engages in a supplier-mindful soul-searching exercise, which advances our understanding of antitrust's foundations; theoretical as it sheds multidisciplinary insights on upstream effects in the platform economy and develops new frameworks for rationalizing them; and practical since it takes a deep dive into the complex antitrust machinery whilst staying attuned to other available levers of public action. Answering a compelling question with an equally compelling answer, this work will appeal to scholars and policymakers worldwide with a particular interest in platform regulation, antitrust, and powerful digital platforms.
Download or read book Research Handbook on Intellectual Property and Employment Law written by Bruun, Niklas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.
Download or read book Merger Arbitrage written by Lionel Melka and published by John Wiley & Sons. This book was released on 2014-02-03 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wave of corporate mergers, acquisitions, restructuring, and similar transactions has created unprecedented opportunities for those versed in contemporary risk arbitrage techniques. At the same time, the nature of the merger wave has lent such transactions a much higher degree of predictability than ever before, making risk arbitrage more attractive to investors. Surprisingly, there is little transparency and instruction for investors interested in learning the latest risk arbitrage techniques. Merger Arbitrage – A Fundamental Approach to Event-Driven Investing helps readers understand the inner workings of the strategy and hedge funds which engaged in this investment strategy. Merger arbitrage is one of the most commonly used strategies but paradoxically one of the least known. This book puts it in the spotlight and explains how fund managers are able to benefit from mergers and acquisitions. It describes how to implement this strategy, located at the crossroad of corporate finance and asset management, and where its risks lie through numerous topical examples. The book is split into three parts. The first part, examining the basis of merger arbitrage, looks at the key role of the market in takeover bids. It also assesses the major changes in the financial markets over recent years and their impact on M&A. Various M&A risk and return factors are also discussed, alongside the historical profitability of merger arbitrage, the different approaches used by fund managers and the results of academic studies on the subject. The second part of the book deals with the risk of an M&A transaction failing in terms of financing risk, competition issues, the legal aspects of merger agreements and administrative and political risks. The third part of the book examines specificities of M&A transactions, comprehensively covering hostile takeovers and leveraged buyouts. Each part contains many recent examples and case studies in order to show how the various theories and notions are put into practice. From researching prospects and determining positions, to hedging and trading tactics, Lionel Melka and Amit Shabi present the full complement of sophisticated risk arbitrage techniques, making Merger Arbitrage a must read for finance and investment professionals who want to take advantage of the nearly limitless opportunities afforded by today’s rapidly changing global business environment. The book builds on its authors’ diverse backgrounds and common experience managing a merger arbitrage fund, providing readers with an enriching inside view on M&A operations. Translated by Andrew Fanko and Frances Thomas
Download or read book The Foundations of Non Equilibrium Economics written by Sebastian Berger and published by Routledge. This book was released on 2009-09-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking volume seeks to answer some of the ultimate economic questions in terms of a theory that emerged with Adam Smith and is now come to full fruition; the principle of circular and cumulative causation (CCC) This full-fledged theoretical framework explains the whole interplay of technology, firms, resources, culture, institutions and economic policy to understand the basic drives behind modern day economic dynamics.
Download or read book Market Power in EU Antitrust Law written by Luis Ortiz Blanco and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.
