Antitrust Remedies Reform PDF Download
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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 390
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 390
Get Book Here
Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 384
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 358
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 375
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Book Description
Author:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 375
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Book Description
Author: Damien Gerard
Publisher: Kluwer Law International B.V.
ISBN: 9403522445
Category : Law
Languages : en
Pages : 347
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Book Description
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
Author: Antonio Capobianco
Publisher: Hart Publishing Limited
ISBN: 9781841139142
Category : Law
Languages : en
Pages : 492
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Book Description
This volume presents a comprehensive legal and economic analysis of competition law remedies in Europe. First, it examines the philosophy and overall objectives of competition law remedies and their interaction with the substantive and institutional aspects of competition law enforcement. It analyses the impact of specific types of remedies on the emergence of an optimal enforcement system by looking to legal and economic literature, case law and empirical research. Second, it identifies the competition law remedies which have been put into effect in the context of antitrust law enforcement and merger control in Europe. In the field of antitrust, different issues may arise in devising adequate remedies for cartel infringements, antitrust law infringements involving unilateral abuses of market power, and infringements involving access to proprietary information or resources. In all these cases different types of remedies may be imposed, such as contractual remedies, damages and behavioural or structural remedies. In the context of merger control the prospective nature of the analysis requires the consideration of a number of factors, such as the costs of remedial action, the probability of compliance, the short- or long-term impact of the remedy, the risk of strategic conduct of the merging parties, and the choice of appropriate monitoring and compliance mechanisms on an on-going basis for the future. The third part of this study examines the procedural implications of injunctions, interim measures, private action-led injunctions, measures-declaratory actions and procedural/administrative issues in public enforcement. The fourth part concludes by examining creative remedies and reforms that should be made to the current regime of competition law remedies in Europe. It also explores the interaction between competition law remedies adopted by different jurisdictions in a world of multi-jurisdictional competition law enforcement from procedural and public policy perspectives.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law
Publisher:
ISBN:
Category : Antitrust investigations
Languages : en
Pages : 112
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Book Description
Author: Andrew I. Gavil
Publisher:
ISBN:
Category :
Languages : en
Pages : 38
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Book Description
In Illinois Brick Co. v. Illinois, the Supreme Court adopted a per se ban on private, treble damage antitrust suits by “indirect purchasers” in federal courts. The Court did so based on its belief that, if permitted, such actions could result in duplicative liability and protracted and complex proceedings. It also concluded that concentrating all recovery rights in the hands of direct purchasers would best serve U.S. antitrust law's twin goals of deterrence and compensation. Many states disagreed with the Court's assessment. They viewed Illinois Brick's ban on recovery by indirect purchasers as an arbitrary, anti-consumer limitation on the remedies available for violation of the antitrust laws and responded by adopting “Illinois Brick repealers.” By judicial decision or legislation, these repealers authorized indirect purchasers to sue in state courts under state antitrust laws. They became an accepted feature of the U.S. antitrust remedial system when, in California v. ARC America, the Supreme Court rejected the argument that state repealers were impliedly pre-empted by federal antitrust law as interpreted in Illinois Brick. Together, Illinois Brick, ARC America and some interrelated cases have produced a needlessly expensive, cumbersome, and complex antitrust remedial system that divides related cases between federal and state courts. Although removal and multi-district litigation procedures allow for some administrative efficiencies, the likely cost of the divided system is significant both for litigating parties and for the public and promote litigation strategies that may undermine the core goals of the antitrust remedial scheme. Ironically, the current system is more likely to produce the evils feared by the Supreme Court in Illinois Brick than a system that permitted indirect and direct purchasers alike to sue in federal court. And it is almost certain that the current divided remedial system has led to the odd combination of over-deterrence and under-compensation. This article presents a proposal for reform of the Illinois Brick-ARC America system that recalibrates the balance between deterrence and compensation. The goal is to establish a system that produces improved levels of both deterrence and compensation, while significantly decreasing the current, unacceptably high costs of administering our antitrust remedial system.
