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"Competition and the State" analyzes the role of the state across a
number of dimensions as it relates to competition law and policy
across a number of dimensions. This book re-conceptualizes the
interaction between competition law and government activities in
light of the profound transformation of the conception of state
action in recent years by looking to the challenges of
privatization, new public management, and public-private
partnerships. It then asks whether there is a substantive legal
framework that might be put in place to address competition issues
as they relate to the role of the state. Various chapters also
provide case studies of national experiences. The volume also
examines one of the most highly controversial policy issues within
the competition and regulatory sphere--the role of competition law
and policy in the financial sector.
This book, the third in the "Global Competition Law and Economics"
series, provides a number of viewpoints of what competition law and
policy mean both in theory and practice in a development context.
The vast majority of the countries in the world are developing
countries--there are only thirty-four OECD (Organisation for
Economic Co-operation and Development) countries--and yet there is
a serious dearth of attention to developing countries in the
international and comparative law scholarship, which has been
preoccupied with the United States and the European Union.
"Competition Law and Development" investigates whether or not the
competition law and policy transplanted from Europe and the United
States can be successfully implemented in the developing world or
whether the developing-world experience suggests a need for a
different analytical framework. The political and economic
environment of developing countries often differs significantly
from that of developed countries in ways that may have serious
implications for competition law enforcement.
The need to devote greater attention to developing countries is
also justified by the changing global economic reality in which
developing countries--especially China, India, and Brazil--have
emerged as economic powerhouses. Together with Russia, the
so-called BRIC countries have accounted for thirty percent of
global economic growth since the term was coined in 2001. In this
sense, developing countries deserve more attention not because of
any justifiable differences from developed countries in competition
law enforcement, either in theoretical or practical terms, but
because of their sheer economic heft. This book, the second in the
"Global Competition Law and Economics" series, provides a number of
viewpoints of what competition law and policy mean both in theory
and practice in a development context.
Over the last three decades, the field of antitrust law has grown
increasingly prominent, and more than one hundred countries have
enacted competition law statutes. As competition law expands to
jurisdictions with very different economic, social, cultural, and
institutional backgrounds, the debates over its usefulness have
similarly evolved.
This book, the first in a new series on global competition law,
critically assesses the importance of competition law, its
development and modern practice, and the global limits that have
emerged. This volume will be a key resource to both scholars and
practitioners interested in antitrust, competition law, economics,
business strategy, and administrative sciences.
Compliance has become key to our contemporary markets, societies,
and modes of governance across a variety of public and private
domains. While this has stimulated a rich body of empirical and
practical expertise on compliance, thus far, there has been no
comprehensive understanding of what compliance is or how it
influences various fields and sectors. The academic knowledge of
compliance has remained siloed along different disciplinary
domains, regulatory and legal spheres, and mechanisms and
interventions. This handbook bridges these divides to provide the
first one-stop overview of what compliance is, how we can best
study it, and the core mechanisms that shape it. Written by leading
experts, chapters offer perspectives from across law, regulatory
studies, management science, criminology, economics, sociology, and
psychology. This volume is the definitive and comprehensive account
of compliance.
Compliance has become key to our contemporary markets, societies,
and modes of governance across a variety of public and private
domains. While this has stimulated a rich body of empirical and
practical expertise on compliance, thus far, there has been no
comprehensive understanding of what compliance is or how it
influences various fields and sectors. The academic knowledge of
compliance has remained siloed along different disciplinary
domains, regulatory and legal spheres, and mechanisms and
interventions. This handbook bridges these divides to provide the
first one-stop overview of what compliance is, how we can best
study it, and the core mechanisms that shape it. Written by leading
experts, chapters offer perspectives from across law, regulatory
studies, management science, criminology, economics, sociology, and
psychology. This volume is the definitive and comprehensive account
of compliance.
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.
Much of antitrust law scholarship has focused on substantive legal
issues - theories of harm and changing law and policy.
Surprisingly, there has been very little work that is comparative,
on a fundamental element that is a critical building block to
effective policy - procedural fairness. Procedural fairness
encompasses issues of transparency and due process. Procedural
fairness has been an important issue in global antitrust for some
time. The types of due process concerns raised globally often
relate to the lack of effective representation, the use of
industrial policy by third parties, and procedural tools that do
not allow for the most effective advocacy to lead to efficient
outcomes. This book focuses on these issues and teases out common
problems and distinct issues in particular jurisdictions, allowing
for a rethink of creating a more effective system for procedural
fairness, and explores these issues in each jurisdiction, along
with highlights of particular cases in which due process issues
have emerged.
Patent assertion entities (commonly known as 'patent trolls') hurt
competition and innovation. This book, the first to analyze the
most salient issues related to patent assertion entities around the
world, integrates economic theory with economic and legal reality
to examine how the entities function and their impact on
competition. It also offers legal and policy solutions that might
be used to combat them. Edited by D. Daniel Sokol, the volume
collects chapters from an array of leading scholars who describe
patent assertion entities in the United States, Europe, Korea,
Taiwan, Japan, and China, while offering empirical accounts of the
entities' economic consequences and their use of litigation as a
means of legal extortion against many of the most innovative
companies in the world, from startups to multinationals. It should
be read by anyone interested in how patent assertion entities
operate and how they might be stopped.
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.
Patent assertion entities (commonly known as 'patent trolls') hurt
competition and innovation. This book, the first to analyze the
most salient issues related to patent assertion entities around the
world, integrates economic theory with economic and legal reality
to examine how the entities function and their impact on
competition. It also offers legal and policy solutions that might
be used to combat them. Edited by D. Daniel Sokol, the volume
collects chapters from an array of leading scholars who describe
patent assertion entities in the United States, Europe, Korea,
Taiwan, Japan, and China, while offering empirical accounts of the
entities' economic consequences and their use of litigation as a
means of legal extortion against many of the most innovative
companies in the world, from startups to multinationals. It should
be read by anyone interested in how patent assertion entities
operate and how they might be stopped.
More than any other area of regulation, antitrust economics shapes
law and policy in the United States, the Americas, Europe, and
Asia. In a number of different areas of antitrust, advances in
theory and empirical work have caused a fundamental reevaluation
and shift of some of the assumptions behind antitrust policy. This
reevaluation has profound implications for the future of the field.
The Oxford Handbook of International Antitrust Economics has
collected chapters from many of the leading figures in antitrust.
In doing so, this two volume Handbook provides an important
reference guide for scholars, teachers, and practitioners. However,
it is more than a merely reference guide. Rather, it has a number
of different goals. First, it takes stock of the current state of
scholarship across a number of different antitrust topics. In doing
so, it relies primarily upon the economics scholarship. In some
situations, though, there is also coverage of legal scholarship,
case law developments, and legal policies.
The second goal of the Handbook is to provide some ideas about
future directions of antitrust scholarship and policy. Antitrust
economics has evolved over the last 60 years. It has both shaped
policy and been shaped by policy. The Oxford Handbook of
International Antitrust Economics will serve as a policy and
research guide of next steps to consider when shaping the future of
the field of antitrust.
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