Competition Policy

Competition Policy PDF

Author: Emmanuel Combe

Publisher: Kluwer Law International B.V.

Published: 2021-11-22

Total Pages: 460

ISBN-13: 9403537515

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Competition Policy An Empirical and Economic Approach Emmanuel Combe It is a truism of competition that, paradoxically, those who were responsible for yesterday’s innovations and productivity become obstacles to future growth. This is why competition law has been assigned such an important role in modern countries—to detect and sanction anticompetitive practices that prevent the entry of new, efficient competitors. This utterly original book, which thoroughly explains competition policy using economic analyses of European and U.S. antitrust cases, illuminates the complex but crucial back-and-forth between economic theory and competition law practice. Covering the full range of competition policy, from antitrust (cartels, abuse of dominant position) to merger control, the book not only offers a general view of competition policy in Europe and the United States but also clearly explains the economic underpinnings that guide it, thus illustrating how principles are applied in practice. Issues and topics include the following: economic approach of antitrust sanctions; role of criminal sanctions and private actions; factors favoring cartel formation and stability; role of leniency policies; vertical restraints in the age of e-commerce; economic assessment of R&D and licensing agreements; detecting and sanctioning predatory pricing; exploitative and exclusionary abuses; and impact of a horizontal, vertical and conglomerate mergers on competition. All the major fields of competition policy are clearly explained, with many illustrative examples from case law. There is also a chapter presenting an overview of competition policies around the world, as well as the legal and institutional framework within which they operate. At a time of increasing public concern regarding high industrial concentration, especially in the digital sector, the question of regulating competition is returning to the forefront. Given that the concepts and tools of economic analysis are widely used by competition authorities, this book gives lawyers a clear understanding of the objectives and instruments of competition policy. It will thus enable corporate counsel, academics, and policymakers to apply or formulate competition law with increased precision in their day-to-day work.

Competition Policy

Competition Policy PDF

Author: Massimo Motta

Publisher: Cambridge University Press

Published: 2004-01-12

Total Pages: 650

ISBN-13: 9780521016919

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This is the first book to provide a systematic treatment of the economics of antitrust (or competition policy) in a global context. It draws on the literature of industrial organisation and on original analyses to deal with such important issues as cartels, joint-ventures, mergers, vertical contracts, predatory pricing, exclusionary practices, and price discrimination, and to formulate policy implications on these issues. The interaction between theory and practice is one of the main features of the book, which contains frequent references to competition policy cases and a few fully developed case studies. The treatment is written to appeal to practitioners and students, to lawyers and economists. It is not only a textbook in economics for first year graduate or advanced undergraduate courses, but also a book for all those who wish to understand competition issues in a clear and rigorous way. Exercises and some solved problems are provided.

Competition Policy in America

Competition Policy in America PDF

Author: Rudolph J. R. Peritz

Publisher: Oxford University Press, USA

Published: 2000

Total Pages: 425

ISBN-13: 0195144090

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In this book Peritz analyzes how free competition has signified both freedom from oppressive government and freedom from private economic power. Peritz shows how these two complex yet distinct and sometimes contradictory images have influenced government policy and continue to inspire public debate over political economy in America.

Global Competition Policy

Global Competition Policy PDF

Author: Edward Montgomery Graham

Publisher: Peterson Institute

Published: 1997

Total Pages: 620

ISBN-13: 9780881321661

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There is growing consensus among international trade negotiators and policymakers that a prime area for future multilateral discussion is competition policy. Competition policy includes antitrust policy (including merger regulation and control) but is often extended to include international trade measures and other policies that affect the structure, conduct, and performance of individual industries. This study includes country studies of competition policy in Western Europe, North America, and the Far East (with a focus on Japan) in the light of increasingly globalized activities of business firms. Areas where there are major differences in philosophy, policy, or practice are identified, with emphasis on those differences that could lead to economic costs and international friction. Alternatives for eliminating these costs and frictions are discussed, including unilateral policy changes, bilateral or multilateral harmonization of policies, and creation of new international regimes to supplement or replace national or regional regimes.

Competition Policy in America

Competition Policy in America PDF

Author: Rudolph J. R. Peritz

Publisher: Oxford University Press

Published: 2001-04-05

Total Pages: 425

ISBN-13: 0198032927

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Americans have long appealed to images of free competition in calling for free enterprise, freedom of contract, free labor, free trade, and free speech. This imagery has retained its appeal in myriad aspects of public policy--for example, Senator Sherman's Anti-Trust Act of 1890, Justice Holmes's metaphorical marketplace of ideas, and President Reagan's rhetoric of deregulation. In Competition Policy in America, 1888-1992, Rudolph Peritz explores the durability of free competition imagery by tracing its influences on public policy. Looking at congressional debates and hearings, administrative agency activities, court opinions, arguments of counsel, and economic, legal, and political scholarship, he finds that free competition has actually evoked two different visions--freedom not only from oppressive government, but also from private economic power. He shows how the discourse of free competition has mediated between commitments to individual liberty and rough equality--themselves unstable over time. This rhetorical approach allows us to understand, for example, that the Reagan and Carter programs of deregulation, both inspired by the rhetoric of free competition, were driven by fundamentally different visions of political economy. Peritz's historical inquiry into competition policy as a series of government directives, inspired by two complex yet distinct and sometimes contradictory visions of free competition, provides an indispensable framework for understanding modern political economy-- whether political campaign finance reform, corporate takeover regulation, or current attitudes toward the New Deal Legacy. Competition Policy in America will be of great interest to lawyers, historians, economists, sociologists, and policy makers in both government and business.

The Making of Competition Policy

The Making of Competition Policy PDF

Author: Daniel A. Crane

Publisher: Oxford University Press

Published: 2013-01-30

Total Pages: 510

ISBN-13: 0199311560

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This book provides edited selections of primary source material in the intellectual history of competition policy from Adam Smith to the present day. Chapters include classical theories of competition, the U.S. founding era, classicism and neoclassicism, progressivism, the New Deal, structuralism, the Chicago School, and post-Chicago theories. Although the focus is largely on Anglo-American sources, there is also a chapter on European Ordoliberalism, an influential school of thought in post-War Europe. Each chapter begins with a brief essay by one of the editors pulling together the important themes from the period under consideration.

Competition Law and Economics

Competition Law and Economics PDF

Author: Abel Moreira Mateus

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 457

ISBN-13: 1849807035

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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.