Описание: Offers a well-rounded perspective on monopolization and exclusionary practices - such as predation, rebates, exclusive dealing, tying, refusal to deal - which speaks to economists, lawyers, policy-makers and practitioners. It provides dedicated technical sections, case studies, and policy discussions.
Автор: Witt Anne C. Название: The More Economic Approach to Eu Antitrust Law ISBN: 1509927956 ISBN-13(EAN): 9781509927951 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Burke Jarleth Название: Critical Account of Article 106(2) TFEU ISBN: 1509912754 ISBN-13(EAN): 9781509912759 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe’s public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)’s contingency reduced.
Автор: Devlin Alan Название: Antitrust and Patent Law ISBN: 0198728972 ISBN-13(EAN): 9780198728979 Издательство: Oxford Academ Рейтинг: Цена: 37620.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: An invaluable practitioner guide to the interface between antitrust and intellectual property, examining the law in both the United States and the European Union.
Описание: This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries.The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules.
Автор: Torti, Valerio (national University Of Singapore) Название: Intellectual property rights and competition in standard setting ISBN: 1138614483 ISBN-13(EAN): 9781138614482 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
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.
Автор: Viscusi W. Kip, Jr Joseph E. Harrington, Sappington David E. M. Название: Economics of Regulation and Antitrust ISBN: 0262038064 ISBN-13(EAN): 9780262038065 Издательство: MIT Press Рейтинг: Цена: 18622.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
A thoroughly revised and updated edition of the leading textbook on government and business policy, presenting the key principles underlying sound regulatory and antitrust policy.
Regulation and antitrust are key elements of government policy. This new edition of the leading textbook on government and business policy explains how the latest theoretical and empirical economic tools can be employed to analyze pressing regulatory and antitrust issues. The book departs from the common emphasis on institutions, focusing instead on the relevant underlying economic issues, using state-of-the-art analysis to assess the appropriate design of regulatory and antitrust policy. Extensive case studies illustrate fundamental principles and provide insight on key issues in regulation and antitrust policy.
This fifth edition has been thoroughly revised and updated, reflecting both the latest developments in economic analysis and recent economic events. The text examines regulatory practices through the end of the Obama and beginning of the Trump administrations. New material includes coverage of global competition and the activities of the European Commission; recent mergers, including Comcast-NBC Universal; antitrust in the new economy, including investigations into Microsoft and Google; the financial crisis of 2007-2008 and the Dodd-Frank Act; the FDA approval process; climate change policies; and behavioral economics as a tool for designing regulatory strategies.
Описание: Using unique field research from across Asia, this book examines the real markets of illicit products that breach intellectual property rights (IPR).
Автор: Kemp, Katharine, Название: Misuse of market power : ISBN: 1107184762 ISBN-13(EAN): 9781107184763 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Поставка под заказ.
Описание: Misuse of Market Power: Rationale and Reform is a highly relevant specialty text for scholars in competition law and economics, as well as competition law professionals who require it for their work in shaping policy or advising clients on antitrust law and economics, including government departments, practising lawyers and economists.
Описание: This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries.The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules.
Описание: The book provides an analysis of the grocery retail market in a very large number of countries with an international report written by an economist. The second part of the book offers the analysis of liability issues in relation to non-compliance with CSRs with an international report by a British barrister. Both topics are very timely.
Описание: This bookprovides an unparalleled comparative analysis of two 'hot topics' inthe field of antitrust and unfair competition laws with regard to a number ofkey countries.The first partof the book examines the consistency and compatibility of transactionalresolutions of antitrust proceedings (such as settlement procedures, leniencyprogrammes and commitments) with due process and the fundamental rights of theparties. This is a particularly important topic, given the widespread adoptionof these procedures by anti-trust authorities worldwide. The individual chaptersconsider how the leniency, settlement and commitments procedures have developedacross a range of jurisdictions, and discuss the extent to which checks andbalances have been applied in those national procedures in order to safeguardthe fundamental rights of the parties involved. A detailed international reportidentifies general trends and highlights the differences between and most interestingfeatures of national regulations.The second partof the book gathers contributions from various jurisdictions on the unfaircompetition-related question of the online exhaustion of IP rights. As commerceis increasingly moving online, the respective chapters consider the extent towhich exhaustion and similar concepts have adapted to these rapid changes. Thecomprehensive and insightful international report brings together thesereflections by comparing various national positions.The book alsoincludes the resolutions passed by the General Assembly of the LIDC following adebate on each of these topics, which include proposed solutions andrecommendations. The internationalLeague of Competition Law (LIDC) is a long-standing international associationthat focuses on the interface between competition law and intellectual propertylaw, including unfair competition issues.
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