A Neo-Chicago Approach to Concerted Action PDF Download

Author: William H. Page
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
In this article, I offer an approach to concerted action that builds on traditional Chicago School analyses of the issue, but adds a focus on the role of communication. Chicago scholars uniformly identify cartels as the primary target of antitrust enforcement. They have also established much of the framework within which courts and economists analyze concerted action. George Stigler's seminal theory of oligopoly, which sought to identify the determinants of effective collusion, has spawned an enormous literature in game theory that models the pricing behavior of oligopolists. Richard Posner's early analysis of tacit collusion - rivals' coordination of noncompetitive pricing without express communication - extended Stigler's analysis to the domain of law and policy. His approach to oligopoly pricing drew on economic theory and evidence both to define tacit collusion as concerted action and to identify structural and behavioral characteristics of markets that suggested its presence. I argue that Posner's approach, refocused on the role of communication, provides the most promising way forward in the analysis of concerted action. After recounting the history of the Chicago School's analysis of concerted action, I propose a modified definition of concerted action and suggest how the change might affect the search for instances of concerted action. I argue that Section 1 does not reach tacit collusion, but neither does it require a verbal agreement; instead, actions are concerted if rivals coordinate them in part by communicating their intentions. I argue that this focus on communicative concerted action, despite its departure from Posner's legal position, is consistent with the Chicago tradition, particularly error cost analysis. Its neo-Chicago character lies in its reliance on the most recent economic literature on the role of communication in collusion. In the last part of the article, I examine a small but important subset of that literature: studies of how real-world cartels use communication and facilitating practices to achieve their aims. Based on these studies, I suggest how plaintiffs and enforcement agencies might discover concerted action by examining changing patterns in the use of facilitating practices.

Author: Yale Law Journal
Publisher: Quid Pro Books
ISBN: 161027895X
Category : Law
Languages : en
Pages : 520

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Book Description
One of the world's leading law journals is available as an ebook. This issue of The Yale Law Journal (the 5th of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: Article: "Commandeering and Constitutional Change," by Wesley Campbell Article: "Parallel Exclusion," by C. Scott Hemphill & Tim Wu Essay: "Reconceptualizing the Burden of Proof," by Edward Cheng In addition, this March 2013 issue contains substantial student research in the form of Notes: one on administrative law, using a federal common law framework to fill a void for state agencies in implementing federal law, and another on evaluating attorney misconduct claims after the Maples case. Quality ebook formatting includes fully linked notes and an active Table of Contents (including linked Contents for individual articles and essays), as well as active URLs in notes and properly presented figures and graphics throughout.

Author: Luis Ortiz Blanco
Publisher: Bloomsbury Publishing
ISBN: 1847318681
Category : Law
Languages : en
Pages : 273

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Book Description
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.

Author: Koki Arai
Publisher: Springer
ISBN: 9811381887
Category : Business & Economics
Languages : en
Pages : 199

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Book Description
This book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases.

Author: Sudhanshu Kumar
Publisher: Taylor & Francis
ISBN: 1000800539
Category : Law
Languages : en
Pages : 243

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Book Description
This book presents a comprehensive assessment of anti-cartel enforcement and investigative procedures in India. It makes a case for enhanced sanctions for cartel conduct in India. Cartels are considered the most pernicious violation of competition law, referred to as "cancer to the free market economy". While competition laws in most jurisdictions prescribe strict sanctions against cartels, Indian Competition Law provides only civil penalties, with an upper ceiling for proven cartel conduct. This volume assesses the effectiveness of anti-cartel enforcement of the Competition Commission of India (CCI). It explores investigative procedures of the CCI through multiple qualitative and quantitative indicators and the extent to which enforcement of anti-cartel laws in India has led to cartel deterrence. Further, it also examines the priorities and processes of the CCI in terms of anti-cartel enforcement, their sanctioning mechanism and their dependency of computation of penalty on varied factors. Featuring detailed case law studies and engaging data, this book will be an essential read for students and researchers of law and legal studies, competition law, corporate law, intellectual property law, and business law.

Author: Colin Crouch
Publisher: John Wiley & Sons
ISBN: 0745637590
Category : History
Languages : en
Pages : 167

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Book Description
The financial crisis seemed to present a fundamental challenge to neo liberalism, the body of ideas that have constituted the political orthodoxy of most advanced economies in recent decades. Colin Crouch argues in this book that it will shrug off this challenge. The reason is that while neo liberalism seems to be about free markets, in practice it is concerned with the dominance over public life of the giant corporation. This has been intensified, not checked, by the recent financial crisis and acceptance that certain financial corporations are ‘too big to fail'. Although much political debate remains preoccupied with conflicts between the market and the state, the impact of the corporation on both these is today far more important. Several factors have brought us to this situation: The lobbying power of firms whose donations are of growing importance to cash-hungry politicians and parties The weakening of competitive forces by firms large enough to shape and dominate their markets The moral initiative that is grasped by enterprises that devise their own agendas of corporate social responsibility Both democratic politics and the free market are weakened by these processes, but they are largely inevitable and not always malign. Hope for the future, therefore, cannot lie in suppressing them in order to attain either an economy of pure markets or a socialist society. Rather it lies in dragging the giant corporation fully into political controversy.

Author: Brian Caterino
Publisher: Springer Nature
ISBN: 3031106067
Category : Political Science
Languages : en
Pages : 251

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This book examines the foundation and progress of the Rochester Monroe Anti-Poverty Initiative (RMAPI). Poverty has once again become a major issue in American cities, and nowhere more so than Rochester, which has one of the highest rates of poverty in the nation. RMAPI was established to reduce poverty, yet in the five years since its formation the poverty rate is essentially unchanged. Analyzing the reasons behind its failure, this book argues that the very nature of the organizational framework is part of the problem, and that RMAPI’s project is caught up with contradictory imperatives of neo-liberal welfare reforms. More than just a study of local interest, the book uses Rochester as a case study to illuminate the limits of the neo-liberal approach to poverty. It will appeal to all those interested in political science, urban politics, community studies, welfare policy and public administration.

Author: Daniel A. Crane
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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This essay reviews Bob Pitofsky's 2008 essay compilation, How Chicago Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust. The essay critically evaluates the book's rough handling of the Chicago School and suggests a path forward for a Neo-Chicago approach to antitrust analysis.

Author: Nancy L. Maveety
Publisher: University of Michigan Press
ISBN: 0472024205
Category : Law
Languages : en
Pages : 446

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Book Description
In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.

Author: A. Schutz
Publisher: Springer
ISBN: 0230118534
Category : Social Science
Languages : en
Pages : 492

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Book Description
Community organizers build solidarity and collective power in fractured communities. They help ordinary people turn their private pain into public action, releasing hidden capacities for leadership and strategy. In Collective Action for Social Change , Aaron Schutz and Marie G. Sandy draw on their extensive experience participating in community organizing activities and teaching courses on the subject to empower novices to think like an organizers.