Choice A New Standard for Competition Law Analysis

Author: Professor of Law Paul Nihoul
Publisher:
ISBN: 9781939007544
Format: PDF
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In this book, ten prominent authors offer eleven contributions that provide their varying perspectives on the subject of consumer choice in the EU, Member States, and in the US. Various aspects of consumer choice are covered, such as the concept of freedom of choice in the application of EU competition law; the antitrust enforcement application of consumer choice by agencies; the historical origin of consumer choice as a concept grounded in German ordoliberalism; the economic approach adopted as well as the use of consumer welfare and consumer choice in EU competition law to reconcile it with intellectual property law; consumer choice as a mean to facilitate convergence between US antitrust law and EU competition law, etc. This volume offers readers an exhaustive and multifaceted discussion of the crucial concept of consumer choice and its relevance for modern competition law.

Restoring Consumer Sovereignty

Author: Adrian Kuenzler
Publisher: Oxford University Press
ISBN: 0190698578
Format: PDF, ePub, Docs
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In today's highly concentrated marketplaces, social and cultural values--such as the lifestyle connotations that manufacturers and sellers confer upon their goods--often shape consumers' prior beliefs and attitudes and affect the weight given to new information by consumers who make purchasing decisions in the marketplace. Such consumer goods present the largely unexplored problem of contemporary market regulatory theory according to which an increased amount of product differentiation has rendered everyday purchasing decisions such as the choice between an iPhone or a Samsung Galaxy Note as much a matter of personal identity rather than merely one of tangible product attributes. The basic challenge for market regulators and courts in such an environment is to make markets work effectively by providing a more efficient exchange of information about consumer preferences relating to tangible product features, functions, and quality. This book demonstrates that improved legal policy can assist consumers and increase market efficiency. It acknowledges that once particular beliefs held by consumers have become culturally or socially entrenched, they are very difficult to change. What is more, changing such beliefs is no longer simply a matter of educating people through the provision of additional information. Developing a novel framework through a detailed analysis of case law relating to consumer goods markets, this book delivers an accessible introduction to the law and economics of consumer decision-making, and a forceful critique of contemporary market regulatory policy.

Patent Pools Competition Law and Biotechnology

Author: Devdatta Malshe
Publisher: Routledge
ISBN: 0429016166
Format: PDF, Kindle
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Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

The Foundations of European Union Competition Law

Author: Renato Nazzini
Publisher: Oxford University Press
ISBN: 0199226156
Format: PDF, Mobi
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Article 82 of the EC Treaty prohibits the abuse of a dominant position as incompatible with the common market. Its application in practice has been wide-ranging with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, total welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex, conceptual questions such as how a dominant position should be defined, and how abuses can be assessed. This book addresses the conceptual questions underlying the test to be applied under Article 82 in light of the objectives of EU competition law. Adopting a comparative and interdisciplinary approach, the book covers all the main issues relating to Article 82, including the definition of dominance, the taxonomy of abuses, and the criteria for the assessment of individual abusive practices. It provides an in-depth doctrinal and normativecommentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.

EU Competition Law and Economics

Author: Damien Geradin
Publisher: OUP Oxford
ISBN: 0191637491
Format: PDF, ePub, Docs
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This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.

Coherence and Fragmentation in European Private Law

Author: Pia Letto-Vanamo
Publisher: Walter de Gruyter
ISBN: 3866539657
Format: PDF
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One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.

Handbook on European Competition Law

Author: Ioannis Lianos
Publisher: Edward Elgar Publishing
ISBN: 1781006024
Format: PDF, ePub, Docs
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This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

More Common Ground for International Competition Law

Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 0857938193
Format: PDF, ePub
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'This volume contains many excellent chapters on some of the most cutting edge topics in competition law today. Among the contributions are assessments of new approaches to competition law analysis, analyses of central and controversial topics in the relationship between competition law and intellectual property, and explorations of new transnational developments in China and elsewhere. The chapters range from studies of specific cases to broad interpretations of major trends. I found many of them to be highly insightful and very useful.' – David J. Gerber, Chicago-Kent College of Law, US 'This fresh collection of essays by scholars from around the world lives up to its title: it stakes out more common ground for the competition law systems of nations. The chapters result from the fourth annual conference of the Academic Society for Competition Law (ASCOLA). The essays cover major issues that reverberate around the world today, including: How should we think about the economic foundations of competition law in view of new research on behavioral economics and consumer choice? What is the future of the treatment of resale price maintenance? What is the proper fit of intellectual property with competition law? And how do we promote competition law and policy across borders? The collection offers insight from law, economics, political science, business strategy, and history.' – Eleanor Fox, New York University, US In recent years, an impressive proliferation of competition laws has been seen around the world. Whilst this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of most topical issues by asking whether the competition world is turning more towards convergence or diversity. These issues include, among others, the changing role of economics in times of economic crises and political change, the introduction of criminal sanctions, resale-price maintenance, unilateral conduct and the application of competition law to intellectual property and state-owned enterprises. More Common Ground for International Competition Law will appeal to academics, PhD students, and postgraduate students law and economics, members of competition agencies, legal practice and international business.

EU and US Competition Law Divided in Unity

Author: Csongor István Nagy
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409472604
Format: PDF, Docs
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This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.

The Goals of Competition Law

Author: Daniel Zimmer
Publisher: Edward Elgar Publishing
ISBN: 0857936611
Format: PDF, ePub, Mobi
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What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare. The book brings together contributions on the relevance of different welfare standards, on the concept of 'freedom to compete' and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as mar.