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Author: Michael W. Dowdle Publisher: ISBN: Category : Languages : en Pages : 102
Book Description
This article argues that competition law is best seen as a form of public law - 'the law that governs the governing of the state - and not as simply a form of private market regulation. It uses the experiences of 'Asian capitalism' to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the innately political balancing that these different forms of capitalism, and their different dynamics of competition, require and provoke. Recognizing that competition law is ultimately a form of public law allows us to visualize this inevitable process of political balancing, and thereby begin to address the issues it raises.
Author: Michael W. Dowdle Publisher: ISBN: Category : Languages : en Pages : 102
Book Description
This article argues that competition law is best seen as a form of public law - 'the law that governs the governing of the state - and not as simply a form of private market regulation. It uses the experiences of 'Asian capitalism' to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the innately political balancing that these different forms of capitalism, and their different dynamics of competition, require and provoke. Recognizing that competition law is ultimately a form of public law allows us to visualize this inevitable process of political balancing, and thereby begin to address the issues it raises.
Author: ASCOLA. Workshop on Comparative Competition Law Publisher: Edward Elgar Publishing ISBN: 9781848444461 Category : Antitrust law Languages : en Pages : 0
Book Description
This innovative book discusses the global character of competition law focusing on three interrelated perspectives; firstly, the impact of economics on competition policy; secondly, the competition law experience in selected countries (USA, EU, Japan, India, China, Brazil, transition countries) and how the law has adapted to the political, economic, geographic and cultural environment; and thirdly, the process of internationalisation and convergence of competition law.
Author: Jens Fejø Publisher: Springer ISBN: Category : Business & Economics Languages : en Pages : 444
Book Description
Compara politicas de fomento de la competencia en Estados Unidos y la CEE. Comienza con una exposicion sobre los objetivos de una politica antitrust, continua con un analisis de la legislacion antitrust norteamericana y las leyes de la CEE sobre competencia, para luego centrarse en los siguientes aspectos: Acuerdos de precios entre competidores y reparto del mercado, restricciones del mercado, y acuerdos sobre licencias y patentes. (igm).
Author: David Bailey Publisher: Oxford University Press, USA ISBN: 9780198794752 Category : Law Languages : en Pages : 0
Book Description
Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
Author: Cristina Teleki Publisher: BRILL ISBN: 9004447490 Category : Business & Economics Languages : en Pages : 392
Book Description
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Author: Stephan W. Schill Publisher: Oxford University Press ISBN: 0199589100 Category : Law Languages : en Pages : 922
Book Description
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author: R. S. Khemani Publisher: World Bank Publications ISBN: 9780821342886 Category : Law Languages : en Pages : 172
Book Description
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.
Author: Ioannis Lianos Publisher: Cambridge University Press ISBN: 1108632858 Category : Law Languages : en Pages : 661
Book Description
The food industry is a notoriously complex economic sector that has not received the attention it deserves within legal scholarship. Production and distribution of food is complex because of its polycentric character (as it operates at the intersection of different public policies) and its dynamic evolution and transformation in the last few decades (from technological and governance perspectives). This volume introduces the global value chain approach as a useful way to analyse competition law and applies it to the operations of food chains and the challenges of their regulation. Together, the chapters not only provide a comprehensive mapping of a vast comparative field, but also shed light on the intricacies of the various policies and legal fields in operation. The book offers a conceptual and theoretical framework for competition authorities, companies and academics, and fills a massive gap in the competition policy literature dealing with global value chains and food.
Author: Harding, Christopher Publisher: Edward Elgar Publishing ISBN: 1786439735 Category : Law Languages : en Pages : 296
Book Description
This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading, and shared responsibility.