The Global Limits Of Competition Law

Author : D. Daniel Sokol
Publisher : Stanford University Press
ISBN 13 : 0804782679
Total Pages : 307 pages
Book Rating : 4.78/5 ( download)

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Download or read book The Global Limits of Competition Law written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2012-06-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.

Author : A. E. Rodriguez
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131779
Total Pages : 234 pages
Book Rating : 4.75/5 ( download)

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Download or read book The Limits of Competition Policy written by A. E. Rodriguez and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: What the authors offer is a thoroughgoing analysis clearly demonstrating that, whatever economic path developing countries pursue, imposing Western-style antitrust regimes will engender uncertainty, chill economic behaviour, and foster an unhealthy climate for business. They employ the influential error-cost methodology to appraise the performance of competition policy and to show how such a policy creates irresolvable tensions in fragile economies with weak institutions - economies characterized by informal rules of business practice, long-standing symbiotic business-state relationships, and unpredictable state action. They mount a powerful critique of the arguments of neo-institutionalists (who fail to recognize the vulnerable nature of emerging market economies) and competition `advocates' (who presume to stand ready and vigilant to enforce competition policy on state entities). --

Author : Katarzyna Czapracka
Publisher : Edward Elgar Publishing
ISBN 13 : 1849803269
Total Pages : 165 pages
Book Rating : 4.67/5 ( download)

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Download or read book Intellectual Property and the Limits of Antitrust written by Katarzyna Czapracka and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike. Petros C. Mavroidis, Columbia Law School, New York, US, University of Neuch'tel, Switzerland and CEPR, UK This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court s decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.

Author : Tony Prosser
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199266692
Total Pages : 262 pages
Book Rating : 4.97/5 ( download)

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Download or read book The Limits of Competition Law written by Tony Prosser and published by Oxford University Press on Demand. This book was released on 2005 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent should public services (for example public utilities such as telecommunications, energy, public transport and postal services) be subject to ordinary competition law? This question has assumed great importance in the context of the activities of European Union. On the one hand, it is argued (particularly in France) that competition law is a threat to the values of public services that underlie their distinctive objectives. On the other, the 'Anglo-Saxon' argument is thatprotecting public services from competition gives them an unfairly protected position and can mask their inefficiencies. This book examines the philosophical, political, economic, and social principles involved. Prosser contrasts the mainly economic and utilitarian justifications for the use of competition law with rights- and citizenship-based arguments for the special treatment of public services, and examines the varied conceptions of the differing traditions in the UK, France, and Italy. Prosser then considers the developing European law in this area. He examines decisions of the European Court of Justice, considers the development of the concept of 'services of general interest' by the Commission, and reviews the liberalization process in telecommunications, energy, and postal services. He also provides a detailed case-study of public service broadcasting. The book concludes by drawing general principles from the debates about the extent to which public services merit distinctive treatment and the extent to which competition law must be amended or limited to respect their distinctive roles.

Author : Richard Allen Epstein
Publisher : American Enterprise Institute
ISBN 13 : 9780844742014
Total Pages : 428 pages
Book Rating : 4.15/5 ( download)

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Download or read book Competition Laws in Conflict written by Richard Allen Epstein and published by American Enterprise Institute. This book was released on 2004 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

Author : Tobias Wagenführer
Publisher : GRIN Verlag
ISBN 13 : 3656044406
Total Pages : 53 pages
Book Rating : 4.06/5 ( download)

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Download or read book Limitations of International Competition Laws written by Tobias Wagenführer and published by GRIN Verlag. This book was released on 2011-11-04 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Queen's University, language: English, abstract: This paper uses a blend of empirical literature and real-life examples of merger approvals and rejections to derive limits of international Competition Laws (CL). I separate the detected problems in generic weaknesses that relate to the nature of CL itself from derivative weaknesses that harken back to shady regulation and disharmonies across the globe. Generic weaknesses encompass an unclear balance of power between Intellection Property (IP) Law and CL, the CL's potentially slowing effect on innovation, the economically muddled rationale behind the law and the distortion of its enforcement due to the law's historical evolution and differences in cultural values. Derivative weaknesses are mainly based on the creation of misleading incentives derived from conflicting CLs and their enforcement across the globe. The establishment of an international harmonization treaty could be discussed in one of the upcoming WTO rounds to reach an agreement about the mutually beneficial maximization of global welfare.

Author : Manfred Neumann
Publisher : Edward Elgar Publishing
ISBN 13 : 1845423526
Total Pages : 361 pages
Book Rating : 4.20/5 ( download)

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Download or read book The International Handbook of Competition written by Manfred Neumann and published by Edward Elgar Publishing. This book was released on 2005-02-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This indispensable new Handbook examines both economic and legal aspects of competition policy and industrial organization. It provides a scholarly review of the state-of-the-art regarding economic theory, empirical evidence and standards of legal evaluation. The book aims primarily at furthering our understanding of the interplay between economic reasoning and legal expertise by concentrating on the fundamental issues and principles underlying competition policy.

Author : Barbora Jedlicková
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477741
Total Pages : 384 pages
Book Rating : 4.46/5 ( download)

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Download or read book Resale Price Maintenance and Vertical Territorial Restrictions written by Barbora Jedlicková and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.

Author : Eleanor M. Fox
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 676 pages
Book Rating : 4.12/5 ( download)

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Download or read book Global Issues in Antitrust and Competition Law written by Eleanor M. Fox and published by West Academic Publishing. This book was released on 2010 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers international and comparative issues of antitrust law, economics, and policy. It can be used to enrich U.S. antitrust casebooks or by itself for courses on global antitrust. It addresses all major issues of competition law and global competition policy, including extraterritoriality; global norms; cooperation, convergence, and divergence; the state's role in restraining or facilitating competition; process and procedures; and substantive areas including cartels, horizontal and vertical agreements, abuse of dominance, and mergers. It compares developed and developing jurisdictions. It references numerous jurisdictions, including the European Union, China, Japan, India, Russia, South Africa, Tanzania, Zimbabwe, and Latin American countries.

Author : David Gerber
Publisher : Oxford University Press
ISBN 13 : 0199652007
Total Pages : 416 pages
Book Rating : 4.06/5 ( download)

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Download or read book Global Competition written by David Gerber and published by Oxford University Press. This book was released on 2012-01-26 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.