Post-Chicago Developments in Antitrust Law PDF Download
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Author: Antonio Cucinotta
Publisher: Edward Elgar Publishing
ISBN: 9781843767039
Category : Law
Languages : en
Pages : 364
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Book Description
This work offers a critical evaluation of the Chicago approach to antitrust. The authors discuss the economic foundations of competition policy and the different ways in which both American and European competition law does - or does not - take account of economic insights.
Author: Antonio Cucinotta
Publisher: Edward Elgar Publishing
ISBN: 9781843767039
Category : Law
Languages : en
Pages : 364
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Book Description
This work offers a critical evaluation of the Chicago approach to antitrust. The authors discuss the economic foundations of competition policy and the different ways in which both American and European competition law does - or does not - take account of economic insights.
Author: Marcus Glader
Publisher: Edward Elgar Publishing
ISBN: 1847201687
Category : Law
Languages : en
Pages : 361
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Book Description
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.
Author: Claus-Dieter Ehlermann
Publisher: Bloomsbury Publishing
ISBN: 1847313558
Category : Law
Languages : en
Pages : 768
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Book Description
This is the tenth in a series of volumes based on the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate which examined the interaction between competition law and intellectual property law. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some EC Member States, reknowned international academics and legal practitioners - discussed the economic and legal issues that arise in this particular area of application of the EC competition rules, under the following headings: 1) whether the characteristics of intellectual property products/markets justify special treatment under the competition rules; 2) a critical assessment of the Block Exemption Regulation and corresponding Guidelines recently adopted in this area of EC competition law enforcement; 3) the specific enforcement issues that arise in relation to patent pools and collecting societies; and 4) specific problems related to IP in the domains of merger control and application of Article 82 EC.
Author: Gustavo Ghidini
Publisher: Edward Elgar Publishing
ISBN: 1849805253
Category : Law
Languages : en
Pages : 301
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Book Description
Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading. Hanns Ullrich, College of Europe, Bruges, Belgium We in the United States have much to learn not only from Gustavo Ghidini s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law. Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in America This authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective. The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional all-exclusionary vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders positions with citizens and users rights. This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.
Author: Balthasar Strunz
Publisher: Springer
ISBN: 3662576279
Category : Law
Languages : en
Pages : 529
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Book Description
This book analyses essential concepts of competition law and industrial policy, and shows where the two areas clash with and complement each other, respectively. The discussion takes place in the context of developing countries, taking into consideration their realities and specific needs. South Africa serves as a real-world example for competition law that goes beyond the notion of consumer welfare. An in-depth analysis of the enforcement of South African law illustrates how the law is used both to combat the negative effects of past industrial policy, and to accommodate current economic and social needs.The book is intended for all readers with an interest in the enforcement of competition law in developing countries. It will particularly benefit those who want to learn about unorthodox approaches that integrate the concept of “public interest” and social imperatives into the application of competition law.
Author: Hannibal Travis
Publisher: Taylor & Francis
ISBN: 1040087019
Category : Law
Languages : en
Pages : 159
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Book Description
This book analyzes questions of platform bias, algorithmic filtering and ranking of Internet speech, and declining perceptions of online freedom. Courts have intervened against unfair platforms in important cases, but they have deferred to private sector decisions in many others, particularly in the United States. The First Amendment, human rights law, competition law, Section 230 of the Communications Decency Act, and an array of state and foreign laws address bad faith conduct by Internet platforms or other commercial actors. Arguing that the problem of platform neutrality is similar to the net neutrality problem, the book discusses the assault on freedom of speech that emerges from public-private partnerships. The book draws parallels between U.S. constitutional and statutory doctrines relating to shared spaces and the teachings of international human rights bodies relating to the responsibilities of private actors. It also connects the dots between new rights to appeal account or post removals under the Digital Services Act of the European Union and a variety of fair treatment obligations of platforms under American and European competition laws, “public accommodations” laws, and public utilities laws. Analyzing artificial intelligence (AI) regulation from the point of view of social-media and video-platform users, the book explores overlaps between European and U.S. efforts to limit algorithmic censorship or “shadow-banning”. The book will be of interest to students and scholars in the field of cyberlaw, the law of emerging technologies and AI law.
Author:
Publisher:
ISBN:
Category : Energy policy
Languages : en
Pages : 1136
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Book Description
Author: Julie Clarke
Publisher: Edward Elgar Publishing
ISBN: 1781000026
Category : Law
Languages : en
Pages : 335
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Book Description
International Merger Policy offers a compelling comparative assessment of domestic and regional merger laws and procedures. Identifying important areas of convergence and emerging best practice, it considers existing levels of international cooperation
Author: Volker Schneider
Publisher: Springer
ISBN: 3319158503
Category : Political Science
Languages : en
Pages : 287
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Book Description
This book presents a state-of-the art collection of original contributions on democracy, addressing three related themes: the complexity of modern democracies and their structural diversity; coping strategies of democracies in times of crises; and current and potential trajectories and transformations of democracy. The first part of the book maps the democratic landscape by revealing the diversity of democratic political systems, through either comparative analysis or case studies on the specific nature of political and administrative systems in interest intermediation and identity construction. The second part presents articles that investigate the response of democracies to times of crisis, with an emphasis on political economies and policy processes within the European Union. The third part offers studies on democracies that explore their adaptive potential in the context of globalization and in that of broader technical, institutional or cultural changes.
Author: Colin Robinson
Publisher: Edward Elgar Publishing
ISBN: 1845426835
Category : Business & Economics
Languages : en
Pages : 259
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Book Description
The book is written by a group of academic researchers and practitioners and, as such, provides insightful analyses from both theoretical as well as practical perspectives. It will be of value to policymakers, industry stakeholders, and regulators who are interested in utility regulation and policies to foster a competitive market environment. International Energy Law and Taxation Review Governments, Competition and Utility Regulation continues the series of annual books, published in association with the Institute of Economic Affairs and the London Business School, which critically reviews the state of utility regulation and competition policy. The book contains incisive chapters on competition policy and trade, antitrust and consumer welfare, merger control and efficiency, emissions trading, Ofcom and convergence, energy regulation and competition, regulating the London Underground, the future of water regulation and European merger control. Chapters on each topic are followed by comments from regulators, competition authority chairmen and other experts in the relevant fields. The book provides analysis of and commentaries on the most significant developments in regulation and competition policy, drawing on experiences in Britain, the United States and the European Union, as well as in international trade negotiations. It will be of value to practitioners, policymakers and academics who are concerned with regulation, deregulation and policies to promote competition.
