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Fidelity Rebates in Competition Law

Fidelity Rebates in Competition Law PDF Author: Miroslava Marinova
Publisher: Kluwer Law International B.V.
ISBN: 9403505710
Category : Law
Languages : en
Pages : 277

Book Description
This book examines the treatment of fdelity rebates as one of the most controversial topics in EU competition law. The controversy arose from the lack of clarity as to how to distinguish between rebates that constitute a legitimate business practice and those that might have anticompetitive e?ects, as the same type of rebates could be pro-competitive or anticompetitive depending on their e?ects on competition. This book clarifes the appropriate treatment of fdelity rebates under EU competition law by o?ering original insights on the way in which abusive rebates should be identifed, taking into account the wealth of EU case law in this area, the economics' literature and the perspective of US antitrust law. The critical discussion on the case law is centred on the idea as to whether the as efcient competitor (AEC) test is an important part of the assessment of fdelity rebates and in which circumstances it could be used as one tool among others. The analysis treats such issues and topics as the following: – What motivated the EU Courts to treat fdelity rebates as illegal ‘by object'? – Why has this case law drawn so much criticism from academics and other commentators? – What can we learn from the economic theories of exclusive dealing and fdelity rebates, and whether the strict approach of the Courts can be supported by economic empirical studies? – What is the meaning attached to the notion of an ‘e?ects-based' approach as an expression of the reform of Article 102? – Why is the controversy regarding the treatment of fdelity rebates still a live issue after the Intel and the Post Danmark II judgments? – In which circumstances the price-cost test can be used as a reliable tool to distinguish between anticompetitive and pro-competitive fdelity rebates? – Can we evaluate the e?ect of fdelity rebates without necessarily carrying out a price-cost test? – Can we consider the AEC test as a single unifying test for all types of exclusionary abuses? – What can we learn about the application of the AEC test in fdelity rebate cases from the recent US case law? A concluding chapter provides an original perspective and also policy recommendations on how the abusive character of fdelity rebates should be assessed including an appropriate legal test that is administrable, creates predictability and legal certainty and minimises the risk of errors and the cost of those mistakes. This book takes a giant step towards improving the understanding of the legal treatment of fdelity rebates and understanding as to whether the treatment of fdelity rebates could be e?ects-based, without necessarily carrying out an AEC test. It will also contribute signifcantly to the practical work of enforcement agencies, courts and private entities and their advisors. book's parallel study of US and EU competition law.

Fidelity Rebates in Competition Law

Fidelity Rebates in Competition Law PDF Author: Miroslava Marinova
Publisher: Kluwer Law International B.V.
ISBN: 9403505710
Category : Law
Languages : en
Pages : 277

Book Description
This book examines the treatment of fdelity rebates as one of the most controversial topics in EU competition law. The controversy arose from the lack of clarity as to how to distinguish between rebates that constitute a legitimate business practice and those that might have anticompetitive e?ects, as the same type of rebates could be pro-competitive or anticompetitive depending on their e?ects on competition. This book clarifes the appropriate treatment of fdelity rebates under EU competition law by o?ering original insights on the way in which abusive rebates should be identifed, taking into account the wealth of EU case law in this area, the economics' literature and the perspective of US antitrust law. The critical discussion on the case law is centred on the idea as to whether the as efcient competitor (AEC) test is an important part of the assessment of fdelity rebates and in which circumstances it could be used as one tool among others. The analysis treats such issues and topics as the following: – What motivated the EU Courts to treat fdelity rebates as illegal ‘by object'? – Why has this case law drawn so much criticism from academics and other commentators? – What can we learn from the economic theories of exclusive dealing and fdelity rebates, and whether the strict approach of the Courts can be supported by economic empirical studies? – What is the meaning attached to the notion of an ‘e?ects-based' approach as an expression of the reform of Article 102? – Why is the controversy regarding the treatment of fdelity rebates still a live issue after the Intel and the Post Danmark II judgments? – In which circumstances the price-cost test can be used as a reliable tool to distinguish between anticompetitive and pro-competitive fdelity rebates? – Can we evaluate the e?ect of fdelity rebates without necessarily carrying out a price-cost test? – Can we consider the AEC test as a single unifying test for all types of exclusionary abuses? – What can we learn about the application of the AEC test in fdelity rebate cases from the recent US case law? A concluding chapter provides an original perspective and also policy recommendations on how the abusive character of fdelity rebates should be assessed including an appropriate legal test that is administrable, creates predictability and legal certainty and minimises the risk of errors and the cost of those mistakes. This book takes a giant step towards improving the understanding of the legal treatment of fdelity rebates and understanding as to whether the treatment of fdelity rebates could be e?ects-based, without necessarily carrying out an AEC test. It will also contribute signifcantly to the practical work of enforcement agencies, courts and private entities and their advisors. book's parallel study of US and EU competition law.

Research Handbook on Abuse of Dominance and Monopolization

Research Handbook on Abuse of Dominance and Monopolization PDF Author: Pınar Akman
Publisher: Edward Elgar Publishing
ISBN: 183910872X
Category : Law
Languages : en
Pages : 483

Book Description
This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.

Managing Business Analysis Services

Managing Business Analysis Services PDF Author: Barbara Davis
Publisher: J. Ross Publishing
ISBN: 1604270799
Category : Business & Economics
Languages : en
Pages : 257

Book Description
This unique desk reference offers the information, models and guidance needed to plan and deliver complete, end-to-end business analysis services. Its step-by-step approach enables maximum utility of the business analysis (BA) role, development of more complete solutions for meeting the strategic goals of a business, and dramatic and sustainable improvements in project success rates. Managing Business Analysis Services: A Framework for Sustainable Projects and Corporate Strategy Success provides chief information officers, business analysis managers and consultants the information required to maximize the efficiency and productivity of technology projects, obtain higher returns on investment from BA services, reduce operating costs, and increase alignment of products to better serve the company or the client organization.

European Competition Law Annual 2007

European Competition Law Annual 2007 PDF Author: Claus-Dieter Ehlermann
Publisher: Bloomsbury Publishing
ISBN: 1847314678
Category : Law
Languages : en
Pages : 882

Book Description
This is the twelfth in a series on EU Competition Law and Policy produced by the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the written contributions and transcripts in connection with a roundtable debate which examined the EU's enforcement policy as regards the abuse of a dominant position under Article 82 EC. The workshop participants included: senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and Federal Trade Commission; and renowned international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues structured according to three broad lines of discussion: 1) comparisons of the concept of monopolization under Section 2 of the Sherman Act with that of abuse of dominance under Article 82 EC; 2) a reformed approach to exclusionary unilateral conduct; and 3) exploitative unilateral conduct and related remedies.

Cross Section and Experimental Data Analysis Using EViews

Cross Section and Experimental Data Analysis Using EViews PDF Author: I. Gusti Ngurah Agung
Publisher: John Wiley & Sons
ISBN: 0470828455
Category : Mathematics
Languages : en
Pages : 506

Book Description
A practical guide to selecting and applying the most appropriate model for analysis of cross section data using EViews. "This book is a reflection of the vast experience and knowledge of the author. It is a useful reference for students and practitioners dealing with cross sectional data analysis ... The strength of the book lies in its wealth of material and well structured guidelines ..." Prof. Yohanes Eko Riyanto, Nanyang Technological University, Singapore "This is superb and brilliant. Prof. Agung has skilfully transformed his best experiences into new knowledge ... creating a new way of understanding data analysis." Dr. I Putu Gede Ary Suta, The Ary Suta Center, Jakarta Basic theoretical concepts of statistics as well as sampling methods are often misinterpreted by students and less experienced researchers. This book addresses this issue by providing a hands-on practical guide to conducting data analysis using EViews combined with a variety of illustrative models (and their extensions). Models having numerically dependent variables based on a cross-section data set (such as univariate, multivariate and nonlinear models as well as non-parametric regressions) are concentrated on. It is shown that a wide variety of hypotheses can easily be tested using EViews. Cross Section and Experimental Data Analysis Using EViews: Provides step-by-step directions on how to apply EViews to cross section data analysis - from multivariate analysis and nonlinear models to non-parametric regression Presents a method to test for all possible hypotheses based on each model Proposes a new method for data analysis based on a multifactorial design model Demonstrates that statistical summaries in the form of tabulations are invaluable inputs for strategic decision making Contains 200 examples with special notes and comments based on the author’s own empirical findings as well as over 400 illustrative outputs of regressions from EViews Techniques are illustrated through practical examples from real situations Comes with supplementary material, including work-files containing selected equation and system specifications that have been applied in the book This user-friendly introduction to EViews is ideal for Advanced undergraduate and graduate students taking finance, econometrics, population, or public policy courses, as well as applied policy researchers.

The Blackwell Companion to Political Sociology

The Blackwell Companion to Political Sociology PDF Author: Kate Nash
Publisher: John Wiley & Sons
ISBN: 0470695323
Category : Social Science
Languages : en
Pages : 496

Book Description
The Blackwell Companion to Political Sociology brings together thirty-eight original essays covering the wide inter-disciplinary field of political sociology. Represents the most comprehensive overview available in the field of political sociology Covers traditional questions as well as emerging topics including recent debates on gender, citizenship, and political identity Includes detailed editorial introduction, abstracts, further reading lists, and a consolidated bibliography.

Exit, Voice, and Loyalty

Exit, Voice, and Loyalty PDF Author: Albert O. Hirschman
Publisher: Harvard University Press
ISBN: 9780674276604
Category : Business & Economics
Languages : en
Pages : 180

Book Description
An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of ‘unhappy’ top officials to resign over Vietnam, I decided to let myself go a little.”

Managing Customer Experience and Relationships

Managing Customer Experience and Relationships PDF Author: Don Peppers
Publisher: John Wiley & Sons
ISBN: 1119815347
Category : Business & Economics
Languages : en
Pages : 517

Book Description
Every business on the planet is trying to maximize the value created by its customers Learn how to do it, step by step, in this newly revised Fourth Edition of Managing Customer Experience and Relationships: A Strategic Framework. Written by Don Peppers and Martha Rogers, Ph.D., recognized for decades as two of the world's leading experts on customer experience issues, the book combines theory, case studies, and strategic analyses to guide a company on its own quest to position its customers at the very center of its business model, and to "treat different customers differently." This latest edition adds new material including: How to manage the mass-customization principles that drive digital interactions How to understand and manage data-driven marketing analytics issues, without having to do the math How to implement and monitor customer success management, the new discipline that has arisen alongside software-as-a-service businesses How to deal with the increasing threat to privacy, autonomy, and competition posed by the big tech companies like Facebook, Amazon, and Google Teaching slide decks to accompany the book, author-written test banks for all chapters, a complete glossary for the field, and full indexing Ideal not just for students, but for managers, executives, and other business leaders, Managing Customer Experience and Relationships should prove an indispensable resource for marketing, sales, or customer service professionals in both the B2C and B2B world.

Conservative and Radical Perspectives on Psychoanalytic Knowledge

Conservative and Radical Perspectives on Psychoanalytic Knowledge PDF Author: Aner Govrin
Publisher: Routledge
ISBN: 1317515145
Category : History
Languages : en
Pages : 273

Book Description
Psychoanalysis really should not exist today. Until a few years ago, most of the evidence suggested that its time was drawing to a close, and yet psychoanalysis demonstrated remarkable resilience in the face of criticism, alongside significant resurgence over the course of the last years. In "Conservative and Radical Perspectives on Psychoanalytic Knowledge: The Fascinated and the Disenchanted" psychoanalyst and philosopher Aner Govrin describes the mechanisms of sociology within the psychoanalytic community which have enabled it to withstand the hostility levelled at it and to flourish as an intellectual and pragmatic endeavour. He defends the most criticized aspect of psychoanalysis: the fascination of analysts with their theories. Govrin demonstrates that fascination is a common phenomenon in science and shows its role in the evolution of psychoanalysis. Govrin argues that throughout its history, psychoanalysis has successfully embraced an amalgam of what he has defined and termed "fascinated" and "troubled communities." A "fascinated community" is a group that embraces a psychoanalytic theory (such as Bion's, Klein's, Winnicott s) as one embraces truth. A "troubled community" is one that is not satisfied with the state of psychoanalytic knowledge and seeks to generate a fundamental change that does not square with existing traditions (such as new psychoanalytic schools, scientifically troubled communities and the relational approach). It is this amalgam and the continuous tension between these two groups that are responsible for psychoanalysis' rich and varied development and for its ability to adapt to a changing world. Clinical vignettes from the work of Robert Stolorow, Betty Joseph, Antonino Ferro and Michael Eigen illustrate the dynamic by which psychoanalytic knowledge is formed. "Conservative and Radical Perspectives on Psychoanalytic Knowledge" will be of interest to psychoanalysts, psychotherapists and philosophers alike.

Ethics and Socially Responsible Investment

Ethics and Socially Responsible Investment PDF Author: William Ransome
Publisher: Routledge
ISBN: 1317141253
Category : Business & Economics
Languages : en
Pages : 188

Book Description
This volume breaks new ground by approaching Socially Responsible Investment (SRI) as an explicitly ethical practice in financial markets. The work explains the philosophical and practical shortcomings of ’long term shareholder value’ and the origins and conceptual structure of SRI, and links its pursuit to both its deeper philosophical foundations and the broader, multi-dimensional global movement towards greater social responsibility in global markets. Interviews with fund managers in the Australian SRI sector generate recommendations for better integrating ethics into SRI practice via ethically informed engagement with invested companies, and an in-depth discussion of the central practical SRI issue of fiduciary responsibility strengthens the case in favour of SRI. The practical and ethical theoretical perspectives are then brought together to sketch out an achievable ideal for SRI worldwide, in which those who are involved in investment and business decisions become part of an ’ethical chain’ of decision makers linking the ultimate owners of capital with the business executives who frame, advocate and implement business strategies. In between there are investment advisors, fund managers, business analysts and boards. The problem lies in the fact that the ultimate owners are discouraged from considering their own values, or even their own long term interests, whilst the others often look only to short term interests. The solution lies in the latter recognising themselves as links in the ethical chain.