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Author: Katharine Kemp
Publisher: Cambridge University Press
ISBN: 1107184762
Category : Business & Economics
Languages : en
Pages : 273
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Book Description
Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.
Author: Katharine Kemp
Publisher: Cambridge University Press
ISBN: 1107184762
Category : Business & Economics
Languages : en
Pages : 273
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Book Description
Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.
Author: Richard B. McKenzie
Publisher: University of Michigan Press
ISBN: 9780472116157
Category : Business & Economics
Languages : en
Pages : 334
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Book Description
A provocative defense of market dominance
Author: Katharine Kemp
Publisher: Cambridge University Press
ISBN: 1316884910
Category : Law
Languages : en
Pages : 273
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Book Description
Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017. Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards.
Author: John Charles Duns
Publisher:
ISBN: 9780409322453
Category : Competition, Unfair
Languages : en
Pages : 0
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Book Description
Presents extracts from the leading decisions made under the competition provisions of the Trade Practices Act 1974, and State application legislation, together with extracts from relevant Parliamentary Committees, Australian Competition and Consumer Commission publications and academic commentary.
Author: Alex Bruce
Publisher:
ISBN: 9780409353440
Category : Antitrust law
Languages : en
Pages : 412
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Book Description
A clear and accessible guide to the regulation of competition in Australia.
Author: Jens-Uwe Franck
Publisher: Centre on Regulation in Europe asbl (CERRE)
ISBN:
Category : Law
Languages : en
Pages : 96
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Book Description
With the rise of digital platforms and the natural tendency of markets involving platforms to become concentrated, competition authorities and courts are more frequently in a position to investigate and decide merger and abuse cases that involve platforms. This report provides guidance on how to define markets and on how to assess market power when dealing with two-sided platforms. DEFINITION Competition authorities and courts are well advised to uniformly use a multi-markets approach when defining markets in the context of two-sided platforms. The multi-markets approach is the more flexible instrument compared to the competing single-market approach that defines a single market for both sides of a platform, as the former naturally accounts for different substitution possibilities by the user groups on the two sides of the platform. While one might think of conditions under which a single-market approach could be feasible, the necessary conditions are so severe that it would only be applicable under rare circumstances. To fully appreciate business activities in platform markets from a competition law point of view, and to do justice to competition law’s purpose, which is to protect consumer welfare, the legal concept of a “market” should not be interpreted as requiring a price to be paid by one party to the other. It is not sufficient to consider the activities on the “unpaid side” of the platform only indirectly by way of including them in the competition law analysis of the “paid side” of the platform. Such an approach would exclude certain activities and ensuing positive or negative effects on consumer welfare altogether from the radar of competition law. Instead, competition practice should recognize straightforwardly that there can be “markets” for products offered free of charge, i.e. without monetary consideration by those who receive the product. ASSESSMENT The application of competition law often requires an assessment of market power. Using market shares as indicators of market power, in addition to all the difficulties in standard markets, raises further issues for two-sided platforms. When calculating revenue shares, the only reasonable option is to use the sum of revenues on all sides of the platform. Then, such shares should not be interpreted as market shares as they are aggregated over two interdependent markets. Large revenue shares appear to be a meaningful indicator of market power if all undertakings under consideration serve the same sides. However, they are often not meaningful if undertakings active in the relevant markets follow different business models. Given potentially strong cross-group external effects, market shares are less apt in the context of two-sided platforms to indicate market power (or the lack of it). Barriers to entry are at the core of persistent market power and, thus, the entrenchment of incumbent platforms. They deserve careful examination by competition authorities. Barriers to entry may arise due to users’ coordination failure in the presence of network effect. On two-sided platforms, users on both sides of the market have to coordinate their expectations. Barriers to entry are more likely to be present if an industry does not attract new users and if it does not undergo major technological change. Switching costs and network effects may go hand in hand: consumer switching costs sometimes depend on the number of platform users and, in this case, barriers to entry from consumer switching costs increase with platform size. Since market power is related to barriers to entry, the absence of entry attempts may be seen as an indication of market power. However, entry threats may arise from firms offering quite different services, as long as they provide a new home for users’ attention and needs.
Author: Peter C. Carstensen
Publisher: Edward Elgar Publishing
ISBN: 178254058X
Category : Law
Languages : en
Pages : 265
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Book Description
This book provides a comprehensive overview of the economic and competition policy issues that buyer power creates. Drawing on economic analysis and cases from around the world, it explains why conventional seller side standards and analyses do not provide an adequate framework for responding to the problems that buyer power can create. Based on evidence that abuse of buyer power is a serious problem for the competitive process, the book evaluates the potential for competition law to deal directly with the problems of abuse either through conventional competition law or special rules aimed at abusive conduct. The author also examines controls over buying groups and mergers as potentially more useful responses to risks created by undue buyer power.
Author: Steven Greenhut
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 332
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Book Description
An exploration of eminent domain looks at the concept of "public use," the injustice and unfairness inherent in the definition when it is based on tax revenue, and the people who are fighting back to preserve their property rights.
Author: Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs
Publisher: Australian Government Publishing Service
ISBN:
Category : Competition, Unfair
Languages : en
Pages : 164
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Book Description
Aims to examine the adequacy of existing legislative controls over mergers, takeovers and monopolies with particular reference to: the extent of control necessary to safeguard the public interest; the adequacy of existing legislation; and the role and effectiveness of the Trade Practices Commission in its implementation of the relevant sections of the Trade practices Act.
Author: George Raitt
Publisher: Bloomsbury Publishing
ISBN: 150992809X
Category : Law
Languages : en
Pages : 323
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Book Description
Australian competition law has just emerged from a significant period of reform which has seen controversial changes to the legal test to distinguish between normal competitive conduct and conduct that should be condemned. The controversy continues, arguably because the traditional legal conception of market power does not provide a useful standard in real world markets. This important new book offers a radical interpretation of market power, based on the power to manipulate. Seeing it in this way allows for positive and normative standards within which to frame a legal theory of liability for misuse of that power. The book provides suggestions to improve the forensic assessment of conduct that should be condemned as misuse of market power.
