Antitrust and the Multivalued Function of Competition PDF Download

Author: Luiz Felipe Rosa Ramos
Publisher:
ISBN: 9783748927037
Category : Antitrust law
Languages : en
Pages : 0

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Author: Luiz Felipe Rosa Ramos
Publisher:
ISBN: 9783848783137
Category :
Languages : en
Pages : 306

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Book Description
The book offers a renewed approach to the debate on antitrust goals. Based on a legal-sociological perspective, it conceives competition as a form with social functions. Thus, competition is not a mere derivation of efficiency or consumer welfare, but an autonomous goal of antitrust which pervades cartel, unilateral conduct and merger cases. According to Tobias Werron, this is a great piece of scholarship (...) that suggests an openness of mind and independence of thought. Celso Campilongo writes: the publication of this work ought to be celebrated. It is far from trivial or usual to reconstruct (...) a sociology of antitrust law.

Author: Ben Van Rompuy
Publisher: Kluwer Law International B.V.
ISBN: 9041142150
Category : Law
Languages : en
Pages : 503

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Book Description
Over the past decade, we have witnessed an apparent convergence of views among competition agency officials in the European Union and the United States on the appropriate goals of competition law enforcement. Antitrust policy, it is now suggested, should focus on enhancing economic efficiency, which we are to believe will promote consumer welfare. Recent EU Commission Guidelines on the application of Article 101 TFEU appear to banish considerations that cannot be construed as having an economic efficiency value – such as the environment, cultural policy, employment, public health, and consumer protection – from the application of Article 101 TFEU. Arguing that the professed adoption of an exclusive efficiency approach to Article 101 TFEU does not preclude, but rather obfuscates the role of non-efficiency considerations, the author of this timely contribution accomplishes the following objectives: traces the genesis of the shift to an efficiency orientation in EU and US antitrust policy and dispels several ingrained misconceptions that underpin it; demonstrates the close interrelationship between evolving images of the purpose of antitrust, the development of related enforcement norms, and enforcement output; provides in-depth analyses of a number of analytically rich cases in the audiovisual sector (and particularly those related to sports rights); and explores what the role of non-efficiency considerations in the application of Article 101 TFEU could and should be under the modernized enforcement regime.

Author: Valerio Torti
Publisher: Routledge
ISBN: 131737665X
Category : Law
Languages : en
Pages : 277

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Book Description
Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

Author: Viktoria H S E Robertson
Publisher: Bloomsbury Publishing
ISBN: 1509931902
Category : Law
Languages : en
Pages : 424

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In recent years, market definition has come under attack as an analytical tool of competition law. Scholars have increasingly questioned its usefulness and feasibility. That criticism comes into sharper relief in dynamic, innovation-driven markets, which do not correspond to the static markets on which the concept of the relevant market was modelled. This book explores that controversy from a comparative legal perspective, taking into account both EU competition and US antitrust law. It examines the manifold ways in which courts and competition authorities in the EU and US have factored innovation-related considerations into market delineation, covering: innovative product markets, product differentiation, future markets, issues going beyond market definition proper – such as innovation competition, innovation markets and potential competition –, intellectual property rights, innovative aftermarkets and multi-sided platforms. This book finds that going forward, the role of market definition in dynamic contexts needs to focus on its function of market characterisation rather than on the assessment of market power.

Author: Philip M. Napoli
Publisher: Routledge
ISBN: 1135250960
Category : Language Arts & Disciplines
Languages : en
Pages : 403

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Book Description
Questions concerning the quality of media performance and the effectiveness of media policymaking often revolve around the extent to which the media system fulfills the values inherent in diversity and localism principles. This edited volume addresses challenges and issues relating to diversity in local media markets from a media law and policy perspective. Editor Philip M. Napoli provides a conceptual and empirical framework for assessing the success/failure of media markets and media outlets in fulfilling diversity and localism objectives. Featuring well-known contributors from a variety of disciplines, including media, law, political science, and economics, Media Diversity and Localism explores the following topics: *media ownership and media diversity and localism; *conceptual and methodological issues in assessing media diversity and localism; *minorities, media, and diversity; and *contextualizing media diversity and localism: audience behavior and new technologies. This substantive and timely volume speaks to scholars and researchers in the areas of media law and policy, political science, and all others interested in media regulation. It can also be used in a graduate seminar on media policy topics.

Author: Anne C Witt
Publisher: Bloomsbury Publishing
ISBN: 1509909230
Category : Law
Languages : en
Pages : 379

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Book Description
In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

Author: Robert O'Donoghue KC
Publisher: Bloomsbury Publishing
ISBN: 1509942963
Category : Law
Languages : en
Pages : 1695

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Book Description
“A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.

Author: Piet Jan Slot
Publisher: Bloomsbury Publishing
ISBN: 1782250131
Category : Law
Languages : en
Pages : 415

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Book Description
This book is intended to serve as a first acquaintance with competition law. It aims to reach a broad range of readers: students, teachers in further and higher education, officials and practising lawyers who are not usually faced with competition law issues in their working lives. This second edition has been fully updated in the light of the latest developments, and covers both EU and UK competition law along with an introduction to the EU rules on State Aid. It provides insight into the combined system of EU and UK competition law, providing a broad range of examples for the three main subjects – the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision of concentrations (ie mergers and acquisitions). Those examples are drawn from European and UK practice. These greatly enhance the exposition of the general principles, taking into account recent legislative and judicial developments.

Author: Pablo Ibáñez Colomo
Publisher: Bloomsbury Publishing
ISBN: 1782259147
Category : Law
Languages : en
Pages : 359

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Book Description
This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.