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The Future Development of Competition Framework

Author: Zongle Huang

Publisher: Kluwer Law International B.V.

Published: 2004-01-01

Total Pages: 330

ISBN-13: 9041123059

In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved. The Future Development of Competition Framework presents papers and speeches by well-known competition law practitioners versed in competition law and policy, including representatives of national competition authorities. They came from a variety of countries ? including France, Germany, Canada, Mexico, Indonesia, Malaysia, Russia, Japan, Australia, Taiwan, Korea and the United States ? to attend a 2003 conference sponsored by the Taiwan Fair Trade Commission. The book reproduces texts of the various contributions to the conference, including a roundtable discussion. Among the topics addressed are the following: mergers and acquisitions; political interests; enforcement policies and sanctions; national cultures and traditions; international cartels; regional cooperation; concentration indexes and dominance indexes; patent pools; financial deregulation; confidentiality measures; technical assistance; striking the right balance between competition and regulation; reconciling competition policy and development policies. Although they are especially valuable for their concentration on the Asia Pacific countries, these discussions will be of incalculable value to practitioners and academics everywhere who are involved in any of the interconnected branches of economic law or policy covered here.

A Framework for the Design and Implementation of Competition Law and Policy

Author: R. S. Khemani

Publisher: World Bank Publications

Published: 1999

Total Pages: 172

ISBN-13: 9780821342886

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A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies. To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions. The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.

The Future of Competitive Strategy

Author: Mohan Subramaniam

Publisher: MIT Press

Published: 2022-08-16

Total Pages: 314

ISBN-13: 0262046997

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How legacy firms can combine their traditional strengths with the power of data and digital ecosystems to forge a new competitive strategy for the digital era. How can legacy firms remain relevant in the digital era? In The Future of Competitive Strategy, strategic management expert Mohan Subramaniam explains how firms can leverage both their traditional strengths and the modern-day power of data and digital ecosystems to forge a new competitive strategy. Drawing on the experiences of a range of companies, including Caterpillar, Sleep Number, and Whirlpool, he explains how firms can benefit from data’s enlarged role in modern business, develop digital ecosystems tailored to their unique business needs, and use new frameworks to harness the power of data for competitive advantage. Subramaniam presents digital ecosystems as a combination of production and consumption ecosystems, which can be used by legacy firms to unlock the value of data at various levels—from improving operational efficiencies to creating new data-driven services and transforming traditional products into digital platforms. He explores the ways sensors and the Internet of Things provide new kinds of customer data; presents the concept of digital competitors—other firms that have access to similar data; discusses the new digital capabilities that firms need to develop; and addresses privacy and security issues associated with data sharing. Who needs this book? Any firm that wants to revitalize traditional business models, offer a richer customer experience, and expand its competitive arena into new digital ecosystems.

Structure and Effects in EU Competition Law

Author: Basedow

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 370

ISBN-13: 9041131744

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During the last decade the European Commission has progressively adopted what is called a andmore economic approachand toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these andnewand methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionands State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the andmore economicand approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherands discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.

Global Competition Enforcement

Author: Paulo Burnier da Silveira

Publisher: Kluwer Law International B.V.

Published: 2019-10-17

Total Pages: 311

ISBN-13: 9403502126

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Global Competition Enforcement New Players, New Challenges Edited by Paulo Burnier da Silveira & William Evan Kovacic In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries. The following aspects of the subject and more are examined in depth: the interface between antitrust and anti-corruption; the digital economy’s challenges to competition authorities; convergent aims and rules among different competition authorities; regional organizations with competition mandates; competition neutrality and state-owned enterprises; and leniency programmes. Although necessarily there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities in five continents including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions. Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations. Antitrust lawyers, corporate counsel and interested academics as well as policymakers will benefit immeasurably from this book’s wealth of informative detail.

Building Landmarks, Smoothing Out Markets

Author: Arabela Aprahamian

Publisher: World Bank Publications

Published: 2015-12-01

Total Pages: 112

ISBN-13: 1464806233

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Romania identified competition as key to its effective economic development and is positioning the Competition Council to become more visible and effective. Improving Romania’s competitive environment will attract new firms, weed out inefficient ones, and enhance growth potential. An effective competition policy leads to success in the areas of Romania's domestic market efficiency, economic growth and European market integration. Following a comprehensive functional review of the Romanian Competition Council carried out by the World Bank in 2010, weaknesses, needs and priorities were identified. This book presents the results of the World Bank’s Advisory Services which were designed to provide solutions in the identified reform areas during 2012-2015. The Advisory Services provided an innovative delivery model that involved integrated expertise to (i) review the legal and regulatory framework for competition; (ii) offer advocacy support to streamline competition policy principles with other governmental policies and strengthen intergovernmental relations, especially with sectoral regulators (electricity and telecommunication) and the prosecutor's office; (iii) state-of-the-art capacity building to strengthen the Council’s staff’s technical knowledge; and (iv) optimize internal procedures to allow for improvements in institutional functioning using Enterprise Architecture methodology, which provided an in-depth institutional assessment and the development of a target business and information technology architecture. The Competition Council has started to apply some of the upgraded regulatory instruments. These, combined with the analytical skills in antitrust law and economics acquired with the World Bank support, have been already applied in recent antitrust cases, market inquiries meant to identify competition constraints in sectors that have great importance for consumers and infrastructure projects with state aid elements.

The Future of Competition

Author: C. K. Prahalad

Publisher: Harvard Business Press

Published: 2004-02-18

Total Pages: 272

ISBN-13: 1422160742

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In this visionary book, C. K. Prahalad and Venkat Ramaswamy explore why, despite unbounded opportunities for innovation, companies still can't satisfy customers and sustain profitable growth. The explanation for this apparent paradox lies in recognizing the structural changes brought about by the convergence of industries and technologies; ubiquitous connectivity and globalization; and, as a consequence, the evolving role of the consumer from passive recipient to active co-creator of value. Managers need a new framework for value creation. Increasingly, individual customers interact with a network of firms and consumer communities to co-create value. No longer can firms autonomously create value. Neither is value embedded in products and services per se. Products are but an artifact around which compelling individual experiences are created. As a result, the focus of innovation will shift from products and services to experience environments that individuals can interact with to co-construct their own experiences. These personalized co-creation experiences are the source of unique value for consumers and companies alike. In this emerging opportunity space, companies must build new strategic capital—a new theory on how to compete. This book presents a detailed view of the new functional, organizational, infrastructure, and governance capabilities that will be required for competing on experiences and co-creating unique value.

Safeguarding Companies' Rights in Competition and Anti-dumping/anti-subsidies Proceedings

Author: Themistoklis K. Giannakopoulos

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 666

ISBN-13: 9041134042

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Focusing on the rules safeguarding procedural due process in the administrative procedures of the Commission, this fully updated edition of a widely used handbook covers the four principal fields that entail enforcement of substantive competition rules: antitrust, merger, anti-dumping/antisubsidies, and State aid. Among the many practical issues raised are the following: the right of directly involved parties to bring an action before the European Courts in merger, anti-dumping/anti-subsidies, and State-aid cases; the rights of complainants in antitrust cases; the rights and obligations of beneficiaries in State-aid cases; the extent to which the right to confidential communication between lawyer and client in thesecases is recognised by the European Commission and the European Courts; the right to silence to avoid self-incrimination in antitrust cases; the right to respect for confidentiality and the right to be heard during the preliminary factfinding procedure of the Commission; the obligations of an undertaking during the fact-finding procedure of the Commission; the right of access to the Commission's file; the right to a fair hearing of all the parties concerned by the Commission proceedings; and the applicability of Article 6 of the European Convention of Human Rights (ECHR) to EU antitrust procedures. Three tables consolidate briefly and comparatively the rights and the obligations of the private parties in the four proceedings, as well as their right to bring an action before the European Courts. These tables give the reader the opportunity to easily check out what is the situation in the four proceedings regarding a specific right or obligation. The author's analysis draws on all the relevant judgments of the European Courts, and the book comes with a wealth of reference material, including detailed footnotes, lists of legislation and cases in both chronological and alphabetical order, and an extensive bibliography.

The EU Leniency Policy

Author: Baskaran Balasingham

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 296

ISBN-13: 9041184805

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The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.

Mergers and Acquisitions

Author: Duarte Brito

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 248

ISBN-13: 9041124519

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Drawing on twenty years of merger analysis literature, this single source offers practical solutions to a wide range of problems faced by specialists working in the field of mergers and acquisitions. The authors take an industrial organization approach in which effects on profits, on consumer surplus and on overall welfare are of greatest relevance. The focus is primarily on horizontal mergers, although vertical and conglomerate mergers are addressed when producers of complementary goods are involved. Among the issues and elements examined, the authors provide answers to the following: How does a merger affect the insider firm's profitabifity? Why may outsiders stock market value increase or decrease following a merger? What are the expected welfare effects of a merger? What sort of arguments can be used for merger defense? How do economists model the firm's merging decision? How can the authorities simulate the price effects of a horizontal merger? Is post-merger entry likely to compensate the effects of a merger? The discussion proceeds from an analysis of the simplest exercise of market power to evermore complex merger environments. In their detailed coverage of policy evaluation of proposed acquisitions, the authors provide a merger simulation toolkit which can be applied to important recent judicial decisions in the field. This book will be of great value not only to academics in microeconomics and industrial organization, but also to lawyers and officials seeking expert practical guidance in the business or administrative responsibilities surrounding mergers and acquisitions.