Choice - A New Standard for Competition Law Analysis?

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Author: Professor of Law Paul Nihoul,Nicolas Charbit,Elisa Ramundo

Publisher: N.A

ISBN: 9781939007544

Category:

Page: 310

View: 9200

In this book, ten prominent authors offer eleven contributions that provide their varying perspectives on the subject of consumer choice in the EU, Member States, and in the US. Various aspects of consumer choice are covered, such as the concept of freedom of choice in the application of EU competition law; the antitrust enforcement application of consumer choice by agencies; the historical origin of consumer choice as a concept grounded in German ordoliberalism; the economic approach adopted as well as the use of consumer welfare and consumer choice in EU competition law to reconcile it with intellectual property law; consumer choice as a mean to facilitate convergence between US antitrust law and EU competition law, etc. This volume offers readers an exhaustive and multifaceted discussion of the crucial concept of consumer choice and its relevance for modern competition law.

The Sovereign Consumer

A New Intellectual History of Neoliberalism

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Author: Niklas Olsen

Publisher: Springer

ISBN: 3319895842

Category: Social Science

Page: 308

View: 5314

This book presents a new intellectual history of neoliberalism through the exploration of the sovereign consumer. Invented by neoliberal thinkers in the interwar period, this figure has been crucial to the construction and legimitization of neoliberal ideology and politics. Analysis of the sovereign consumer across time and space demonstrates how neoliberals have linked the figure both to the idea of democracy as a method of choice, and also to a re-invention of the market as the democratic forum par excellence. Moreover, Olsen contemplates how the sovereign consumer has served to marketize politics and functioned as a major driver in a wide-ranging transformation in political thinking, subjecting traditional political values to the narrow pursuit of economic growth. A politically timely project, The Sovereign Consumer will have a wide appeal in academic circles, especially for those interested in consumer and welfare studies, and in political, economic and cultural thought in the twentieth century.

Restoring Consumer Sovereignty

How Markets Manipulate Us and What the Law Can Do about It

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Author: Adrian Kuenzler

Publisher: Oxford University Press

ISBN: 0190698578

Category: Business & Economics

Page: 360

View: 5894

In today's highly concentrated marketplaces, social and cultural values--such as the lifestyle connotations that manufacturers and sellers confer upon their goods--often shape consumers' prior beliefs and attitudes and affect the weight given to new information by consumers who make purchasing decisions in the marketplace. Such consumer goods present the largely unexplored problem of contemporary market regulatory theory according to which an increased amount of product differentiation has rendered everyday purchasing decisions such as the choice between an iPhone or a Samsung Galaxy Note as much a matter of personal identity rather than merely one of tangible product attributes. The basic challenge for market regulators and courts in such an environment is to make markets work effectively by providing a more efficient exchange of information about consumer preferences relating to tangible product features, functions, and quality. This book demonstrates that improved legal policy can assist consumers and increase market efficiency. It acknowledges that once particular beliefs held by consumers have become culturally or socially entrenched, they are very difficult to change. What is more, changing such beliefs is no longer simply a matter of educating people through the provision of additional information. Developing a novel framework through a detailed analysis of case law relating to consumer goods markets, this book delivers an accessible introduction to the law and economics of consumer decision-making, and a forceful critique of contemporary market regulatory policy.

Federal Antitrust and EC Competition Law Analysis

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Author: Femi Alese

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754670100

Category: Law

Page: 544

View: 9840

This book provides the reader with a comprehensive analysis of US Federal Antitrust and EC Competition Law. It is encyclopaedic in coverage: examining every constituent element of the law and landmark decisions from the perspectives of economics and policy goals, explaining their implications for commercial operations and advocating policy reforms where necessary.

The Roles of Innovation in Competition Law Analysis

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Author: Paul Nihoul,Pieter Van Cleynenbreugel

Publisher: Edward Elgar Publishing

ISBN: 1788972449

Category:

Page: 424

View: 9186

Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.

Competition Law

Safeguarding the Consumer Interest : a Comparative Analysis of US Antitrust Law and EC Competition Law

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Author: Eugène Buttigieg

Publisher: Kluwer Law International B.V.

ISBN: 9041131191

Category: Law

Page: 423

View: 7300

Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of 'consumer welfare' with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field - comparing and contrasting two major systems of competition law - but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.

The Concept of Abuse in EU Competition Law

Law and Economic Approaches

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Author: Pinar Akman

Publisher: Bloomsbury Publishing

ISBN: 1847318908

Category: Law

Page: 376

View: 1628

The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.

More Common Ground for International Competition Law?

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Author: Josef Drexl,Warren S. Grimes,Clifford A. Jones

Publisher: Edward Elgar Publishing

ISBN: 0857938193

Category: Law

Page: 312

View: 5145

'This volume contains many excellent chapters on some of the most cutting edge topics in competition law today. Among the contributions are assessments of new approaches to competition law analysis, analyses of central and controversial topics in the relationship between competition law and intellectual property, and explorations of new transnational developments in China and elsewhere. The chapters range from studies of specific cases to broad interpretations of major trends. I found many of them to be highly insightful and very useful.' – David J. Gerber, Chicago-Kent College of Law, US 'This fresh collection of essays by scholars from around the world lives up to its title: it stakes out more common ground for the competition law systems of nations. The chapters result from the fourth annual conference of the Academic Society for Competition Law (ASCOLA). The essays cover major issues that reverberate around the world today, including: How should we think about the economic foundations of competition law in view of new research on behavioral economics and consumer choice? What is the future of the treatment of resale price maintenance? What is the proper fit of intellectual property with competition law? And how do we promote competition law and policy across borders? The collection offers insight from law, economics, political science, business strategy, and history.' – Eleanor Fox, New York University, US In recent years, an impressive proliferation of competition laws has been seen around the world. Whilst this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of most topical issues by asking whether the competition world is turning more towards convergence or diversity. These issues include, among others, the changing role of economics in times of economic crises and political change, the introduction of criminal sanctions, resale-price maintenance, unilateral conduct and the application of competition law to intellectual property and state-owned enterprises. More Common Ground for International Competition Law will appeal to academics, PhD students, and postgraduate students law and economics, members of competition agencies, legal practice and international business.

Competition Law and Consumer Protection

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Author: Katalin Judit Cseres

Publisher: Kluwer Law International B.V.

ISBN: 9041123806

Category: Law

Page: 450

View: 447

The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.

Cross-Border EU Competition Law Actions

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Author: Mihail Danov,Florian Becker,Paul Beaumont

Publisher: Bloomsbury Publishing

ISBN: 178225160X

Category: Law

Page: 452

View: 7559

This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).

New Developments in International Commercial and Consumer Law

Proceedings of the 8th Biennial Conference of the International Academy of Commercial and Consumer Law

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Author: International Academy of Commercial and Consumer Law. Conference

Publisher: Hart Publishing

ISBN: 1901362078

Category: Law

Page: 505

View: 7958

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European Business Law

Legal and Economic Analyses on Integration and Harmonization

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Author: Richard M. Buxbaum,Alain Hirsch,Klaus J. Hopt

Publisher: Walter de Gruyter

ISBN: 3110906554

Category: Law

Page: 438

View: 1574

The EU Merger Regulation

Substantive Issues

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Author: Alistair Lindsay,Alison Berridge

Publisher: Sweet & Maxwell

ISBN: 041404844X

Category: Antitrust law

Page: 766

View: 9205

This new edition provides a detailed guide to the analysis of mergers by the European Commission. Fully revised for 2012, it describes how the Commission determines whether to approve a notified concentration, providing all the necessary information and techniques to secure clearance for mergers in the EU.

Communications in EU Law : Antitrust Market Power and Public Interest

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Author: Antonio Bavasso

Publisher: Kluwer Law International B.V.

ISBN: 9041119744

Category: Business & Economics

Page: 436

View: 2143

Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.

Managing the Modern Law Firm

New Challenges, New Perspectives

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Author: Laura Empson

Publisher: OUP Oxford

ISBN: 0191615404

Category: Business & Economics

Page: 264

View: 3349

The last ten years have been a period of extraordinary change for law firms. The rapid growth of corporate law firms and the emergence of global mega-firms such as Clifford Chance, Linklaters, and Freshfields, have strained the traditional partnership model of management. Some managers of law firms are appalled at the creeping 'corporatism' that they fear may result. However a growing number believe that it is time to move on and adopt more contemporary forms of structure and management. Successfully meeting the challenges of this new business environment is vital for the continuing prosperity of law firms. Featuring contributions from both management researchers and legal practitioners, Managing the Modern Law Firm presents the latest insights from Management Studies in an approachable, practical, and relevant manner for lawyers and other professionals involved directly and indirectly with the management of law firms.

Latin American Competition Law and Policy:A Policy in Search of Identity

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Author: Ignacio De León

Publisher: Springer

ISBN: N.A

Category: Business & Economics

Page: 300

View: 9659

Thanks to the strategy of `apertura' that has characterized economic policy throughout Latin America since the debt crisis, foreign investment is on the rise and a significant degree of economic stability has been achieved. In the global arena, however, the enormous promise of Latin American trade remains only partially realized, as policy makers in the region struggle to design a `fair' level playing field for encouraging sustained and equitable development, through implementing transparent regulatory business environments across the region. Competition policy has accordingly become a major regulatory issue in both individual Latin American countries and in regional cooperation arrangements. In considering the development of the 'second generation' of regulatory policy initiatives implemented in the region, this important book analyzes the role of competition policy in the promotion of successful and sustained economic development. Examples of the vital and diverse aspects of the region's competition policy agenda covered are: comparative assessments of the legal regime of different Latin American countries for dealing with business restrictive practices, including cartels, vertical restraints, market foreclosures and mergers the increasing introduction of competition principles in the promotion of institutional reforms in the promotion of investments and technology, privatization processes, antidumping policy and trade remedies, and the regulation of public utilities the institutional factors influencing the relationship between competition authorities and other regulatory agencie The author combines the legal description of the jurisdictions reviewed with the analytical tools of institutional economics, to give a fully rounded picture of this complex and evolving subject.

The Physician as Captain of the Ship

A Critical Reappraisal

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Author: N.M. King,L.R. Churchill,Alan W. Cross

Publisher: Springer Science & Business Media

ISBN: 0585275890

Category: Medical

Page: 256

View: 4972

"The fixed person for fixed duties, who in older societies was such a godsend, in the future ill be a public danger." Twenty years ago, a single legal metaphor accurately captured the role that American society accorded to physicians. The physician was "c- tain of the ship." Physicians were in charge of the clinic, the Operating room, and the health care team, responsible - and held accountabl- for all that happened within the scope of their supervision. This grant of responsibility carried with it a corresponding grant of authority; like the ship's captain, the physician was answerable to no one regarding the practice of his art. However compelling the metaphor, few would disagree that the mandate accorded to the medical profession by society is changing. As a result of pressures from a number of diverse directions - including technological advances, the development of new health professionals, changes in health care financing and delivery, the recent emphasis on consumer choice and patients' rights - what our society expects phy- cians to do and to be is different now. The purpose of this volume is to examine and evaluate the conceptual foundations and the moral imp- cations of that difference. Each of the twelve essays of this volume assesses the current and future validity of the "captain of the ship" metaphor from a different perspective. The essays are grouped into four sections. In Section I, Russell Maulitz explores the physician's role historically.

Professional Services in the EU Internal Market

Quality Regulation and Self-Regulation

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Author: Tinne Heremans

Publisher: Bloomsbury Publishing

ISBN: 1847318800

Category: Law

Page: 388

View: 7304

Professional services are a key component of the EU internal market economy yet also significantly challenge the legal framework governing this internal market. Indeed, specific professional regulatory structures, which are often the result of a blend of government and self-regulation, hold clear potential for conflict with EU free movement and competition law rules. Hence this book looks at the manner in which both free movement and competition laws might apply to such self- and co-regulatory set-ups, and at the leeway given to quality considerations (apparently) conflicting with free movement or competition objectives. In addition, since court action will seldom suffice to genuinely integrate a market, the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services. However, the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services. A law and economics analysis is employed to investigate the need for specific professional rules, the preferred type of regulator (self-, co- or government regulation), and the level - national and/or European - at which regulation should be adopted. As becomes clear, the story of the market for professional services is one of market and government failure; the author is thus left to compare imperfect situations where market failures compete with rent-seeking efforts, the tendency towards over-centralisation and national protectionism. This book offers both an in-depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation of this framework based on insights from law and economics scholarship. It will therefore be a valuable resource for all practitioners, policy-makers and academics dealing with professional services, as well as, more generally, with questions of quality and self-regulation.