fairness in antitrust protecting the strong from the weak hart studies in competition law

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Fairness In Antitrust

Author : Adi Ayal
ISBN : 9781782254027
Genre : Law
File Size : 23. 79 MB
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What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.

The More Economic Approach To Eu Antitrust Law

Author : Anne C Witt
ISBN : 9781509909230
Genre : Law
File Size : 77. 80 MB
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In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

The Role Of Competitors In The Enforcement Of State Aid Law

Author : Fernando Pastor-Merchante
ISBN : 9781509906581
Genre : Law
File Size : 76. 92 MB
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This book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission's enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.

Conceptual Foundations Of Antitrust

Author : Oliver Black
ISBN : 1139448080
Genre : Law
File Size : 24. 15 MB
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This is a philosophical study of concepts that lie at the foundation of antitrust - a body of law and policy designed to promote or protect economic competition. Topics covered are: the nature of competition; the relation between competition and welfare; the distinction between per se rules and rules of reason; agreements; concerted practices; and the spectrum from independent action to collusion. Although there are many legal and economic books on antitrust, this is the first book devoted to the philosophical scrutiny of the concepts that underpin it. No prior knowledge of philosophy is presupposed. The book is primarily directed at students, theorists and practitioners of antitrust, but will also be useful to lawyers, economists, philosophers, political scientists and others who have an interest in the discipline.

Materials

Author : Witold Brostow
ISBN : 9781119281023
Genre : Technology & Engineering
File Size : 61. 98 MB
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Presents a fully interdisciplinary approach with a stronger emphasis on polymers and composites than traditional materials books Materials science and engineering is an interdisciplinary field involving the properties of matter and its applications to various areas of science and engineering. Polymer materials are often mixed with inorganic materials to enhance their mechanical, electrical, thermal, and physical properties. Materials: Introduction and Applications addresses a gap in the existing textbooks on materials science. This book focuses on three Units. The first, Foundations, includes basic materials topics from Intermolecular Forces and Thermodynamics and Phase Diagrams to Crystalline and Non-Crystalline Structures. The second Units, Materials, goes into the details of many materials including Metals, Ceramics, Organic Raw Materials, Polymers, Composites, Biomaterials, and Liquid Crystals and Smart Materials. The third and final unit details Behavior and Properties including Rheological, Mechanical, Thermophysical, Color and Optical, Electrical and Dielectric, Magnetic, Surface Behavior and Tribology, Materials, Environment and Sustainability, and Testing of Materials. Materials: Introduction and Applications features: Basic and advanced Materials concepts Interdisciplinary information that is otherwise scattered consolidated into one work Links to everyday life application like electronics, airplanes, and dental materials Certain topics to be discussed in this textbook are more advanced. These will be presented in shaded gray boxes providing a two-level approach. Depending on whether you are a student of Mechanical Engineering, Electrical Engineering, Engineering Technology, MSE, Chemistry, Physics, etc., you can decide for yourself whether a topic presented on a more advanced level is not important for you—or else essential for you given your professional profile Witold Brostow is Regents Professor of Materials Science and Engineering at the University of North Texas. He is President of the International Council on Materials Education and President of the Scientific Committee of the POLYCHAR World Forum on Advanced Material (42 member countries). He has three honorary doctorates and is a Member of the European Academy of Sciences, Member of the National Academy of Sciences of Mexico, Foreign Member of the National Academy of Engineering of Georgia in Tbilisi and Fellow of the Royal Society of Chemistry in London. His publications have been cited more than 7200 times. Haley Hagg Lobland is the Associate Director of LAPOM at the University of North Texas. She is a Member of the POLYCHAR Scientific Committeee. She has received awards for her research presented at conferences in: Buzios, Rio de Janeiro, Brazil; NIST, Frederick, Maryland; Rouen, France; and Lviv, Ukraine. She has lectured in a number of countries including Poland and Spain. Her publications include joint ones with colleagues in Egypt, Georgia, Germany, India, Israel, Mexico, Poland, Turkey and United Kingdom.

European Competition Law Annual 2007

Author : Claus-Dieter Ehlermann
ISBN : 9781847314673
Genre : Law
File Size : 50. 89 MB
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This is the twelfth in a series on EU Competition Law and Policy produced by the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the written contributions and transcripts in connection with a roundtable debate which examined the EU's enforcement policy as regards the abuse of a dominant position under Article 82 EC. The workshop participants included: senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and Federal Trade Commission; and renowned international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues structured according to three broad lines of discussion: 1) comparisons of the concept of monopolization under Section 2 of the Sherman Act with that of abuse of dominance under Article 82 EC; 2) a reformed approach to exclusionary unilateral conduct; and 3) exploitative unilateral conduct and related remedies.

Public Procurement And The Eu Competition Rules

Author : Albert Sánchez Graells
ISBN : 9781509900282
Genre : Law
File Size : 70. 91 MB
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Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

The Antitrust Enterprise

Author : Herbert HOVENKAMP
ISBN : 0674038827
Genre : Law
File Size : 59. 75 MB
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After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. "The Antitrust Enterprise" is the first authoritative and compact exposition of antitrust law since Robert Bork's classic "The Antitrust Paradox" was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.

The Design Of Competition Law Institutions

Author : Eleanor M Fox
ISBN : 9780199670048
Genre : Law
File Size : 85. 93 MB
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Examining the procedure, process, and performance norms of national, regional (EU), and international competition law systems, this book is written by an international team of leading scholars who use case studies to reflect on global norms. These global norms include due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.

Antitrust The Case For Repeal

Author : Dominick T. Armentano
ISBN : 9781610164146
Genre : Antitrust law
File Size : 62. 92 MB
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