Competition Law
Competition Law

Author: Eugène Buttigieg

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 446

ISBN-13: 9041131191

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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.

Innovation Markets and Competition Analysis
Innovation Markets and Competition Analysis

Author: Marcus Glader

Publisher: Edward Elgar Publishing

Published: 2006-01-01

Total Pages: 361

ISBN-13: 1847201687

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The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.

Change for America
Change for America

Author: Mark Green

Publisher: Basic Books

Published: 2009-01-06

Total Pages: 706

ISBN-13: 0465013945

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"Mark Green and Michele Jolin look to 2009 as the beginning of an era of renewal and progressive governance in America. Change for America presciently and insightfully offers specific ideas for what our next President can do to revitalize our nation and restore our standing abroad." -- President Bill Clinton It was an election about change, but how will that change actually happen? The result of a collaboration between the Center for American Progress Action Fund (the advocacy arm of Washington's leading-edge progressive think-tank led) and the New Democracy Project's Mark Green, this comprehensive volume is written by over sixty leading policymakers, scholars and advocates. Based on four core values -- of democracy, security through diplomacy, opportunity and a greener world -- Change for America offers scores of solutions how to repair our broken government and create an enduring progressive era. "The Center for American Progress Action Fund and Mark Green have assembled some of our nation's best minds, and their best ideas, into a book is packed with innovative, practical, and progressive solutions that will help take America in a New Direction." -- Speaker Nancy Pelosi "These thoughtful essays offer a progressive way forward for the vast majority of Americans who hope their government works for the many, not just the few." -- Senator Ted Kennedy "We don't just need a transition -- we need a transformation. Mark Green and Michele Jolin's encyclopedia of change offers a brilliant roadmap for the 44th President." -- Senator John Kerry "This is one of the most important books to be published this year. It's a handbook for restoring the New Deal's social compact with our citizens over the first '100 Days' and the next 1360." -- James Roosevelt, Jr. "Change for America is brilliant, timely and practical and teems with hard earned wisdom and common sense." -- Michael Eric Dyson

Innovation for the 21st Century
Innovation for the 21st Century

Author: Michael A. Carrier

Publisher: Oxford University Press, USA

Published: 2011-02-04

Total Pages: 421

ISBN-13: 0199794286

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'Innovation For The 21st Century' contends that intellectual property and antitrust, the two most important laws fostering innovation, are not being used most effectively to achieve this goal and offers various proposals that individually and collectively remedy this deficiency.

Competition Law in the ASEAN Countries
Competition Law in the ASEAN Countries

Author: Ploykaew Porananond

Publisher: Kluwer Law International B.V.

Published: 2018-06-22

Total Pages: 246

ISBN-13: 9041191224

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Amongst other regional organisations, the Association of Southeast Asian Nations (ASEAN) stands out for the diversity of its ten Member States, stemming from their respective economic and political heritage, governance systems, legal institutions, stages of economic development, and exposure to or reliance on foreign trade and investments. As of 2017, however, the regional bloc has formalised its focus on economic integration and development of a regional competition law. Challenging this vision are the States’ very different national competition law systems, ongoing problems with governmental intervention in the economy, and lack of effective and efficient corruption-free regulatory and juridical infrastructure. This book, the first detailed analysis of competition law in the ASEAN countries, looks at the prospects of implementation for the regional law and compares the existing systems in each Member State. Opening with a thorough description of the composition and organisation of the ASEAN, the analysis proceeds to an in-depth evaluation of such aspects as the following: – persistence of the ASEAN’s traditional mode of dispute resolution, often referred to as the ASEAN Way; – economic challenges posed by intra-regional growth and globalisation; – the strong relationship between the business and government sectors; and – governmental interventions as cultural practices. There is detailed reference throughout to case law, legislation, institutional announcements, relevant treaties, and literature on both the ASEAN and competition law. As an important critical analysis of this major new regional competition law regime, this book will be welcomed by competition law practitioners, multinational corporation counsel, and jurists, officials, and academics in a variety of legal fields. Although the subject is specifically the ASEAN, the analysis contributes to a better understanding of competition law regimes in developing economies and to the more general literature on global competition law.