Cartels, Competition and Public Procurement

Cartels, Competition and Public Procurement PDF

Author: Stefan Weishaar

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 343

ISBN-13: 0857936751

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ÔThis volume is long overdue. Integrated legal and economic analysis of competition law is crucial given the nature of the sector. However to carry this off successfully, one either needs intensive editorial work to bring different teams together; or one has to rely on the few who master both economic and legal analysis to a tee. Stefan WeishaarÕs analysis not only looks at a stubborn issue in competition law. He does so in three jurisdictions, in detailed yet clear fashion, with clear insight and ditto conclusions. Over and above its relevance to academic analysis, this book can go straight into competition authoritiesÕ decision making, and therefore also in compliance and remediation advice.Õ Ð Geert Van Calster, University of Leuven, Belgium Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies. Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement Ð which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions Ð the European Union, China and Japan Ð and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken. Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.

Law of Cartels

Law of Cartels PDF

Author: Mark Jephcott

Publisher: Jordans

Published: 2003

Total Pages: 495

ISBN-13: 9780853088202

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The law relating to cartels has been radically changed by the Enterprise Act 2002, which came into force on 20th June 2003. Cartel participation has been criminalised and directors involved in cartels can now be disqualified for periods of up to 15 years. At the EC level, record levels of fines are now being imposed on cartelists. It is increasingly evident that the detection and punishment of price-fixing, market-sharing and collusive tendering are the number one priority for both the EC and UK competition authorities. Law of Cartels is the only book dedicated solely to this important area of competition law. It clearly sets out the legal principles governing cartels and the consequences of cartel-like behaviour. It also offers practical advice for both lawyers advising companies and company directors, such as guidance on dealing with cartel investigations by the competition authorities, guidance on implementing compliance programmes to reduce the risk of cartel activity taking place, and guidance on the options open to companies accused of being involved in cartels. This book is an invaluable resource for competition lawyers, regulatory and commercial lawyers, company and in-house lawyers. REVIEWS: excellent ... It has a practical focus. No serious practitioner in competition law should be without it and many general commercial practitioners will want a copy behind their desk ... well structured and easy to use ... an admirable work which brings an impressively clear and practical focus on this important area of law European Competition Law Review an excellent contribution to the law of cartels and deserves to be on the bookshelves of practitioners, academics and industrialists ICCLR

Fighting Cross-Border Cartels

Fighting Cross-Border Cartels PDF

Author: Pierre Horna

Publisher: Bloomsbury Publishing

Published: 2020-03-19

Total Pages: 441

ISBN-13: 1509933697

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This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.

Australian Cartel Regulation

Australian Cartel Regulation PDF

Author: Caron Beaton-Wells

Publisher: Cambridge University Press

Published: 2011-04-25

Total Pages: 651

ISBN-13: 113949645X

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Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.

Hub-and-Spoke Cartels

Hub-and-Spoke Cartels PDF

Author: Luke Garrod

Publisher: MIT Press

Published: 2021-11-16

Total Pages: 303

ISBN-13: 0262046202

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The first comprehensive economic and legal analysis of hub-and-spoke cartels, with detailed case studies. A cartel forms when competitors conspire to limit competition through coordinated actions. Most cartels are composed exclusively of firms that would otherwise be in competition, but in a hub-and-spoke cartel, those competitors (“spokes”) conspire with the assistance of an upstream supplier or a downstream buyer (“hub”). This book provides the first comprehensive economic and legal analysis of hub-and-spoke cartels, explaining their formation and how they operate to create and sustain a collusive environment. Sixteen detailed case studies, including cases brought against toy manufacturer Hasbro and the Apple ebook case, illustrate the economic framework and legal strategies discussed. The authors identify three types of hub-and-spoke cartels: when an upstream firm facilitates downstream firms to coordinate on higher prices; when a downstream intermediary facilitates upstream suppliers to coordinate on higher prices; and when a downstream firm facilitates upstream suppliers to exclude a downstream rival. They devote a chapter to each type, discussing the formation, coordination, enforcement, efficacy, and prosecution of these cartels, and consider general lessons that can be drawn from the case studies. Finally, they present strategies for prosecuting hub-and-spoke collusion. The book is written to be accessible to both economists and lawyers, and is intended for both scholars and practitioners.

Regulating Cartels in Europe

Regulating Cartels in Europe PDF

Author: Christopher Harding

Publisher:

Published: 2010

Total Pages: 439

ISBN-13: 0199551480

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One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.

Horizontal Agreements and Cartels in EU Competition Law

Horizontal Agreements and Cartels in EU Competition Law PDF

Author: Frank Wijckmans

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9780199698202

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Investigating, dissolving, and punishing cartels is increasingly a top priority for the European Commission and for national competition authorities. This work offers the most up-to-date and comprehensive examination of the substantive law and procedure of EU competition law as it applies to cartels as well as to other horizontal agreements. This unique work supplies the views of both private practitioners and public enforcers. The private practitioners discuss their day-to-day experience and share the insights which they believe their fellow-practitioners should be aware of. The public enforcers act in tandem with the private practitioners and add in their contribution the specific points of attention which they recommend practitioners should take into account. The work sets out the ways in which a cartel is defined and organized, how a cartel may be detected and investigated, the issue of liability for cartels (including parental and successor liability), the various sanctions available to investigating authorities, and the prospects for private enforcement and damages actions brought by victims of cartels. It addresses the procedure before the European Commission and the European Courts. Finally, the book deals with information exchanges (including an economic perspective), joint R&D agreements, specialization agreements and other common types of horizontal agreements like joint purchasing, joint selling and standardization. Containing practical advice for practitioners, overviews of the various stages of cartel enforcement, procedural checklists, analysis of the most recent legislation including the new EU damages directive, and written by authors with extensive experience in advising the Commission's legal service in relation to competition law, this is the most comprehensive text available on cartels in EU competition law.

Antitrust in Japan

Antitrust in Japan PDF

Author: Eleanor M. Hadley

Publisher: Princeton University Press

Published: 2015-03-08

Total Pages: 541

ISBN-13: 1400872057

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Before and during World War II, Japan's economy was controlled by power economic concentrations, large family holdings that passed from one generation to another, called zaibatsu. This book is a full assessment of the American postwar attempt to break up these powerful combines. Miss Hadley recounts both General Douglas MacArthur's efforts to implement the American occupation's antitrust policies and the Japanese government's resistance while it appeared to comply with zaibatsu dissolution. As the Cold War developed, American defense thinkers began to emphasize recovery rather than reform, and conservative American businessmen supported the abandonment of antitrust policy in Japan. The second half of the book examines the consequences of the antitrust measures and reaches conclusions which challenge prevailing Japanese and American views. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

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