Due to the growing influence of economics and economists in competition law and policy discourse and the internationalization of antitrust, the equity versus efficiency trade-off debate has played a defining role in the transformation of the dominant paradigm governing competition law enforcement since at least the 1970s. The debate remains crucial today as issues of economic inequality and its interaction with efficiency become of central concern to policy and decision-makers in competition law, as well as in other spheres of public policy. Despite their central role in the grammar of competition law on the global plane, the intellectual underpinnings of the interactions between 'equity' and 'efficiency' in the context of competition law have never been examined in-depth. This book aims precisely to fill this gap by discussing new approaches in understanding the role of efficiency and equity concerns in competition law.

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.

Law plays a key role in determining the level of entrepreneurial action in society. Legal rules seek to define property rights, facilitate private ordering, and impose liability for legal wrongs, thereby attempting to establish conditions under which individuals may act. These rules also channel the development of technology, regulate information flows, and determine parameters of competition. Depending on their structure and implementation, legal rules can also discourage individuals from acting. It is thus crucial to determine which legal rules and institutions best enable entrepreneurs, whose core function is to challenge incumbency. This volume assembles legal experts from diverse fields to examine the role of law in facilitating or impeding entrepreneurial action. Contributors explore issues arising in current policy debates, including the incentive effect of legal rules on startup activity; the role of law in promoting or foreclosing market entry; and the effect of entrepreneurial action on legal doctrine.

Courts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts. This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be. Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.

Seit geraumer Zeit steht die Verbandsschiedsgerichtsbarkeit in der OEffentlichkeit mehr und mehr in der Kritik. Die Autorin greift Argumente fur und gegen die Verbandsschiedsgerichtsbarkeit auf. Anhand von Kartellschiedsverfahren des Rheinisch-Westfalischen Kohlensyndikats untersucht sie exemplarisch Verfahrensregeln, Verfahrensablaufe und Steuerungstendenzen durch Bezahlung der Schiedsrichter, die Hintergrunde der Implementierung eines Schiedsgerichts sowie die Funktionen schiedsgerichtlicher Verfahren innerhalb bestehender Vertragsbeziehungen. Die Arbeit soll sowohl einen Beitrag zur Forschung uber die interne Organisation des Rheinisch-Westfalischen Kohlensyndikats als auch zur Debatte uber die Verbandsschiedsgerichtsbarkeit im Allgemeinen leisten.

Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject. The second part examines whether intellectual property rights are sufficiently protected to ensure a fair return on investments made by manufacturers and distributors. This question comes at a time where distribution is facing deep and radical changes with the Internet. To what extent this is an opportunity or a threat to the sustainability of distribution systems of differentiated and IP protected goods is the question. This book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

This book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases.

This book addresses the question of how competition authorities assess mergers in the Information Communication Technology (ICT) sector so as to promote competition in innovation. A closer look at the question reveals that it is far more complex and difficult to answer for the ICT, telecommunications and multi-sided platform (MSP) economy than for more traditional sectors of the economy. This has led many scholars to re-think and question whether the current merger control framework is suitable for the ICT sector, which is often also referred to as the new economy. The book pursues an interdisciplinary approach combining insights from law, economics and corporate strategy. Further, it has a comparative dimension, as it discusses the practices of the US, the EU and, wherever relevant, of other competition authorities from around the globe. Considering that the research was conducted in the EU, the practices of the European Commission remain a key aspect of the content.Considering its normative dimension, the book concentrates on the substantive aspects of merger control. To facilitate a better understanding of the most important points, the book also offers a brief overview of the procedural aspects of merger control in the EU, the US and the UK, and discusses recent amendments to Austrian and German law regarding the notification threshold. Given its scope, the book offers an invaluable guide for competition law scholars, practitioners in the field, and competition authorities worldwide.

Rather than viewing the history of American capitalism as the unassailable ascent of large-scale corporations and free competition, American Fair Trade argues that trade associations of independent proprietors lobbied and litigated to reshape competition policy to their benefit. At the turn of the twentieth century, this widespread fair trade movement borrowed from progressive law and economics, demonstrating a persistent concern with market fairness - not only fair prices for consumers but also fair competition among businesses. Proponents of fair trade collaborated with regulators to create codes of fair competition and influenced the administrative state's public-private approach to market regulation. New Deal partnerships in planning borrowed from those efforts to manage competitive markets, yet ultimately discredited the fair trade model by mandating economy-wide trade rules that sharply reduced competition. Laura Phillips Sawyer analyzes how these efforts to reconcile the American tradition of a well-regulated society with the legacy of Gilded Age of laissez-faire capitalism produced the modern American regulatory state.

This edited volume of essays examines a wide range of issues related to the regionalisation of competition policy in South East Asia, where the ten member states of ASEAN have launched the ASEAN Economic Community (AEC). Written by a diverse group of academics, practitioners and policy-makers, this book explore issues such as the role of competition policy in facilitating the market-integration ambitions of the ASEAN member states, the challenges arising from divergences in the national competition law regimes of the ASEAN member states, and the absence of a supranational legal framework and the future of competition policy in light of the AEC Blueprint 2025. Given the nexus between regional competition policy and regional market integration, this book will be of particular interest to lawyers, economists and policymakers working in the fields of competition law and regional trade law.

The Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.

Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017. Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards.

Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.

This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.

With the rise of internet marketing and e-commerce around the world, international and cross-border conflicts in trademark and unfair competition law have become increasingly important. In this groundbreaking work, Tim Dornis - who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and common-law jurisdictions - presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. This title is available as Open Access.

Due to the growing influence of economics and economists in competition law and policy discourse and the internationalization of antitrust, the equity versus efficiency trade-off debate has played a defining role in the transformation of the dominant paradigm governing competition law enforcement since at least the 1970s. The debate remains crucial today as issues of economic inequality and its interaction with efficiency become of central concern to policy and decision-makers in competition law, as well as in other spheres of public policy. Despite their central role in the grammar of competition law on the global plane, the intellectual underpinnings of the interactions between 'equity' and 'efficiency' in the context of competition law have never been examined in-depth. This book aims precisely to fill this gap by discussing new approaches in understanding the role of efficiency and equity concerns in competition law.

Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and a review of the subject matter when studying for an examination. This outline covers: Antitrust Economics - Price Theory and Industrial Organization; Cartels, Tacit Collusion, Joint Ventures and Other Combinations of Competitors; Monopolization, Attempt to Monopolize and Predatory Pricing; Vertical Integration and Vertical Mergers; Tie-ins, Reciprocity, Exclusive Dealing and the Franchise Contract; Resale Price Maintenance and Vertical Nonprice Restraints; Refusals to Deal; Horizontal Mergers; Conglomerate and Potential Competition Mergers; Price Discrimination and Differential Pricing Under the Robinson-Patman Act; Jurisdictional, Public Policy and Regulatory Limitations on the Domain of Antitrust; and Enforcement, Procedure and Related Matters.

Die EU-Richtlinie uber die Vergabe oeffentlicher Auftrage enthalt erstmals Vorgaben zu "Life Cycle Costing". Die Autorin befasst sich mit der Frage, ob und wie das Instrument des "Life Cycle Costing" einen Beitrag zu einer nachhaltigen oeffentlichen Auftragsvergabe durch die Berucksichtigung oekologischer und sozialer Ziele leisten kann. Dabei analysiert sie das europaische Richtlinienrecht und das nationale Umsetzungsrecht sowie die primarrechtlichen Grenzen. Sie uberpruft die Voraussetzungen, die das Vergaberechtsregime an "Life Cycle Costing" Methoden stellt und bewertet diese im Hinblick auf den Einsatz im Rahmen des Zuschlags. Anschliessend entwickelt die Autorin wertvolle Vorschlage hinsichtlich der Gewichtung der Ergebnisse eines Life Cycle Costing in der Zuschlagsentscheidung.

Cartel Damages represents a comprehensive practical guide on the law, economics, and measurement of cartel damages under UK and European competition laws. It draws together the most recent research on cartels, economic analysis, empirical techniques, case law, and legislation to examine how the quantification of losses suffered by those harmed by a cartel are, and could be, applied under European and UK competition laws. Written with the practitioner in mind, the author adopts a rigorous yet pragmatic approach to the subject. Detailed discussions of leading cases complement the treatment of the application of economic theory and empirical techniques in competition law and litigation. Three useful appendices provide the reader with quick reference guides to statistics on European Cartel Decisions (1999 to 2018), Bank of England 'base rate' (1980-2019), and where to find key documents and information. This represents an essential tool for competition practitioners and academics involved or interested in cartel damages. Fully cross-referenced and tabled, Cartel Damages is an invaluable and practical guide to issues of increasing importance and relevance in competition law.

The most controversial area in competition policy is that of exclusionary practices, where actions are taken by dominant firms to deter competitors from challenging their market positions. Economists have been struggling to explain such conduct and to guide policy-makers in designing sensible enforcement rules. In this book, authors Chiara Fumagalli, Massimo Motta, and Claudio Calcagno explore predatory pricing, rebates, exclusive dealing, tying, and vertical foreclosure, through a blend of theory and practice. They develop a general framework which builds on and extends existing economic theories, drawing upon case law, discussions of cases and other practical considerations to identify workable criteria that can guide competition authorities to assess exclusionary practices. Along with analyses of policy implications and insights applied to case studies, the book provides practitioners with non-technical discussions of the issues at hand, while guiding economics students with dedicated technical sections with rigorous formal models.

Very Short Introductions: Brilliant, Sharp, Inspiring Competition is responsible for much of the prosperity around us. Competitive markets deliver lower prices, better quality, abundance of choice, and increased innovation. But while competition benefits the consumers, it can prove challenging to producers and sellers, who need to constantly improve to stay in business. As a result, sellers may sometimes look for ways to dampen the competitive process. Our antitrust and competition laws are designed to address these risks and safeguard consumer welfare. The competition enforcers have the task of unravelling price-fixing cartels, challenging powerful companies that abuse their power, and monitoring proposed merger transactions that could undermine effective competition. In doing so, competition enforcers have to carefully consider the level of intervention and ensure they do not distort the natural dynamics of competition. Drawing on case studies from the US and the European Union, this Very Short Introduction explores the promise and limitations of competitive market dynamics. In examining the laws and the way they are enforced, Ariel Ezrachi considers the delicate relationship between a free market economy and government intervention, and the fascinating forces of competition that shape modern society. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.