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.

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.

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.

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.

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.

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.

What does the 'internal market' mean? The EU is committed to the construction of an internal market, and in this analysis Stephen Weatherill explains that the EU's internal market is an ambiguous legal concept. One may readily suppose that the United Kingdom possesses an internal market. So does Germany, so does France, so does Australia, and Canada, and the United States of America. The European Union aspires to an internal market, but the detailed patterns governing these several internal markets are not uniform; in fact they vary according to the extent to which the constituent units are permitted to pursue different regulatory policies. They vary according to the scope of law-making competence and powers allocated to the central authority. They vary according to the governing institutional (judicial and political) arrangements. The quality and intensity of the regulated environment varies according to the choices made. There is a broad band of possible internal markets, ranging from one that is radically decentralized as a result of a choice in favour of unrestricted inter-jurisdictional competition to, at the other extreme, one that is radically centralized in the sense that law-making competence has been completely stripped away from the constituent units in favour of the central authority. Within that spectrum there is a huge range of options. In this inquiry into the limits and ambiguities of the internal market as a legal concept, Weatherill examines and explains the choices made by the EU and demonstrates what they entail for the shape of the EU's internal market. This book is not about 'Brexit', but it shows that one of the claims commonly made by Brexiteers - that the internal market can be confined merely to a deregulatory exercise in free market economics - has no support whatsoever in either EU constitutional law or in EU legislative and judicial practice.

This book proposes a different approach to theorising and analysing antitrust issues, working on the premise that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit the attention paid to or exclude issues that could otherwise be considered. This reasoning is motivated by the pursuit of inclusiveness and broadness in the antitrust context. The work contends that traditional top-down antitrust theories are weak because they are incomplete and insufficient in their description and analysis of antitrust issues. Thus, it identifies the need to construct a bottom-up approach. Invariably, such an approach would have to avoid ex ante judgments about the suitability of the normative contents of antitrust laws and theories, lest it fall into the same trap that plagues traditional theories. As a possible solution, the author proposes a procedural account referred to as the person-centred approach (built on theories such as Sen's Capability) and carefully reviews its practicality.

Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.

The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.

Blackstone's Statutes have a 25-year tradition of trust and quality, and a rock-solid reputation for accuracy, reliability, and authority. Content is extensively reviewed to ensure a close map to courses. Blackstone's Statutes lead the market: consistently recommended by lecturers and relied on by students for exam and course use. Each title is: * Trusted: ideal for exam use * Practical: find what you need instantly * Reliable: current, comprehensive coverage * Relevant: content based on detailed market feedback Visit www.oxfordtextbooks.co.uk/orc/statutes/ for accompanying online resources, including additional statutes and materials, video guides to reading and interpreting statutes, exam tips, and an interactive sample Act of Parliament.

This multi-jurisdictional compliance guide offers a comprehensive and detailed multi-country review of critical antitrust compliance issues. The book outlines the laws and practice in forty three of the most important antitrust jurisdictions around the world - focusing on anticompetitive agreements, market power and monopolization, enforcement, arbitration and remedies. With compliance requirements in mind, the book provides law firms and in-house lawyers with the necessary information to explore the changing global antitrust landscape. Chapters in this guide follow a clear division to sections and include discussion of the enforcement priorities in each jurisdiction. Contributions to this book have been authored by leading competition law practitioners from their respective jurisdictions.

The book provides a critical overview of innovation policy in Europe and a synopsis of the current institutional framework of Europe shaped after the Europe2020 strategy and in view of the upcoming Horizon2020 agenda. What emerges is a rather gloomy outlook for the future of Europe's innovation, unless EU institutions and Member States will decide to streamline existing policies and build a "layered" model of innovation, in which governments act as investors in key enabling infrastructure such as ICT and education; as enablers of large technology markets where researchers and entrepreneurs can meet; and as purchasers of innovation when key societal challenges are at stake. The book contains proposals for the future innovation strategy of the EU and a specific analysis of areas such as the unitary patent, the transfer of technology (particularly as far as climate-related technologies and IP markets are concerned), standardization, and the digital agenda.

Competition law is a complex and constantly evolving area of law which affects every aspect of the market economy, including the financial services sector. This book is a comprehensive and practical guide to the application of the EU competition rules to banking and insurance industries. This book is divided into two parts: the first part explores the application of Articles 101, 102 and 107 TFEU to the insurance industry. Emphasis is placed on recent changes which have progressively eroded the block exemption regime that traditionally benefited the insurance industry. In the second part of the book, focus is on the application of the Articles of TFEU to the banking industry, with specific reference to card payment systems, which give rise to some of the most intricate antitrust issues in the financial services sector. Relevant Commission decisions and European Court of Justice case law are discussed and suggestions are made for an alternative regulatory framework through comparative analysis of US regulations. This book will be an invaluable reference point for legal practitioners specialising in EU Competition law, as well as postgraduate students and academic researchers working in competition law and the financial services sector.

Competition law regulates anti-competitive conduct by companies in order to maintain market competition.Cartel law can also cause restraints of competition and therefore, the existing regulations should be checked, revised and updated regularly. This book deals with the prohibition of Resale Price Maintenance, which is intensively discussed in Germany at the moment. It provides a new interdisciplinary approach to the topicthat emphasizes the empirically observable marketing perspective, but draws conclusions from competition theory. Thus it reflects on the consumer benefits and welfare effects of RPM legalization at the same time. Since it provides new and constructive class-based suggestions for a re-design of European cartel law, this book should be valuable for researchers, practitioners and politicians. "

Algorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called "algorithmic antitrust" theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation.

Competition Law and Policy in the Middle East examines and critically analyses the development and role of competition law and policy in one of the most interesting regions of the world. The importance of the Middle East within the global political and economic arenas gives this book huge international significance and interest. The book will prove useful to a variety of audiences around the world: to the competition law specialists, to the students of the subject, to policy-makers and politicians in the Middle East and to those whose work deals with law and economics and who wish to know more about competition law and policy in this special part of the world.

"Persuasive and brilliantly written, the book is especially timely given the rise of trillion-dollar tech companies."--Publishers Weekly

From the man who coined the term "net neutrality," author of The Master Switch and The Attention Merchants, comes a warning about the dangers of excessive corporate and industrial concentration for our economic and political future.

We live in an age of extreme corporate concentration, in which global industries are controlled by just a few giant firms -- big banks, big pharma, and big tech, just to name a few. But concern over what Louis Brandeis called the "curse of bigness" can no longer remain the province of specialist lawyers and economists, for it has spilled over into policy and politics, even threatening democracy itself. History suggests that tolerance of inequality and failing to control excessive corporate power may prompt the rise of populism, nationalism, extremist politicians, and fascist regimes. In short, as Wu warns, we are in grave danger of repeating the signature errors of the twentieth century.

In The Curse of Bigness, Columbia professor Tim Wu tells of how figures like Brandeis and Theodore Roosevelt first confronted the democratic threats posed by the great trusts of the Gilded Age--but the lessons of the Progressive Era were forgotten in the last 40 years. He calls for recovering the lost tenets of the trustbusting age as part of a broader revival of American progressive ideas as we confront the fallout of persistent and extreme economic inequality.