Competition Effects And Predictability
Download Competition Effects And Predictability full books in PDF, epub, and Kindle. Read online free Competition Effects And Predictability ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Bruce Wardhaugh |
Publisher | : Bloomsbury Publishing |
Total Pages | : 269 |
Release | : 2020-04-16 |
Genre | : Law |
ISBN | : 1509926070 |
Download Competition, Effects and Predictability Book in PDF, Epub and Kindle
In the US and EU, legal analysis in competition cases is conducted on a case-by-case approach. This approach assesses each particular practice for both its legality and its welfare effects. While this analytic method has the merits of 'getting the result right' by, inter alia, reducing error costs in antitrust adjudication, it comes at a cost of certainty, predictability and clarity in the legal principles which govern antitrust law. This is a rule of law concern. This is the first book to explore this tension between Europe's 'More Economic Approach', the US's Rule of Reason, and the Rule of Law. The tension manifests itself in the assumptions in and choice of analytic method; the institutional agents driving this effects based approach and their competency to use and assess the results of the methodology they demand; and, the nature and stability of the legal principles used in modern effects-based competition analysis. The book forcefully argues that this approach to competition law represents a threat to the rule of law. Competition, Effects and Predictability will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.
Author | : Jan Broulík |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : |
ISBN | : |
Download Predictability Book in PDF, Epub and Kindle
Lacking predictability of competition-law enforcement has its costs. This paper shows that academic analyses of what competition laws should look like do not always treat this factor adequately, paying instead excessive attention to the problem of error. Namely, some analyses completely ignore unpredictability as a relevant factor. Others treat effects of unpredictability as a non-substantive consideration that is more akin to resources expended on operation of competition law than to the effects of error. And still others do not sufficiently distinguish between the mis-deterrence effects of unpredictability and of error, describing both with error-related language. The paper further discusses three possible reasons why such mistreatment of predictability may be taking place. First, it may be a result of authors' convenience. Second, it may be due to the commentator not fully comprehending the role of predictability. Third, it may be a strategic choice by the author to make competition law more aligned with the interests of competition practitioners and/or defendants. It is also briefly discussed how problematic each reason is and what solutions might be available.
Author | : Miroslava Marinova |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 226 |
Release | : 2018-11-07 |
Genre | : Law |
ISBN | : 9403505710 |
Download Fidelity Rebates in Competition Law Book in PDF, Epub and Kindle
This book examines the treatment of fdelity rebates as one of the most controversial topics in EU competition law. The controversy arose from the lack of clarity as to how to distinguish between rebates that constitute a legitimate business practice and those that might have anticompetitive e?ects, as the same type of rebates could be pro-competitive or anticompetitive depending on their e?ects on competition. This book clarifes the appropriate treatment of fdelity rebates under EU competition law by o?ering original insights on the way in which abusive rebates should be identifed, taking into account the wealth of EU case law in this area, the economics' literature and the perspective of US antitrust law. The critical discussion on the case law is centred on the idea as to whether the as efcient competitor (AEC) test is an important part of the assessment of fdelity rebates and in which circumstances it could be used as one tool among others. The analysis treats such issues and topics as the following: – What motivated the EU Courts to treat fdelity rebates as illegal ‘by object'? – Why has this case law drawn so much criticism from academics and other commentators? – What can we learn from the economic theories of exclusive dealing and fdelity rebates, and whether the strict approach of the Courts can be supported by economic empirical studies? – What is the meaning attached to the notion of an ‘e?ects-based' approach as an expression of the reform of Article 102? – Why is the controversy regarding the treatment of fdelity rebates still a live issue after the Intel and the Post Danmark II judgments? – In which circumstances the price-cost test can be used as a reliable tool to distinguish between anticompetitive and pro-competitive fdelity rebates? – Can we evaluate the e?ect of fdelity rebates without necessarily carrying out a price-cost test? – Can we consider the AEC test as a single unifying test for all types of exclusionary abuses? – What can we learn about the application of the AEC test in fdelity rebate cases from the recent US case law? A concluding chapter provides an original perspective and also policy recommendations on how the abusive character of fdelity rebates should be assessed including an appropriate legal test that is administrable, creates predictability and legal certainty and minimises the risk of errors and the cost of those mistakes. This book takes a giant step towards improving the understanding of the legal treatment of fdelity rebates and understanding as to whether the treatment of fdelity rebates could be e?ects-based, without necessarily carrying out an AEC test. It will also contribute signifcantly to the practical work of enforcement agencies, courts and private entities and their advisors. book's parallel study of US and EU competition law.
Author | : Jacques Bourgeois |
Publisher | : Primento |
Total Pages | : 284 |
Release | : 2012-12-10 |
Genre | : Law |
ISBN | : 2802738828 |
Download Ten years of effects- Based approach in EU competition law Book in PDF, Epub and Kindle
One of the key components of the modernization of competition rules has been a radical departure from the previous «form-based» enforcement to a so-called «effects-based» approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre (“GCLC”). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is not only on the enforcement of Articles 101 and 102 TFEU, but also in the file of merger control. Attempts are made to define more precisely the boundaries between anticompetitive object and effect, and to develop adequate safe harbours and presumptions. This book also casts a closer look at the analytical framework, possible theories of harm, evidence and defences. Overall the objective is to reconcile as best as possible law and economics, and to see how the goal to achieve the “right decision” in terms of economic outcome can be combined with the legitimate need for legal certainty.
Author | : Richard|Bailey Whish (David) |
Publisher | : Oxford University Press |
Total Pages | : 1269 |
Release | : 2024 |
Genre | : |
ISBN | : 0198906056 |
Download Competition Law Book in PDF, Epub and Kindle
Author | : Howard H. Stevenson |
Publisher | : H B S Press |
Total Pages | : 294 |
Release | : 1998 |
Genre | : Business & Economics |
ISBN | : 9780875847979 |
Download Do Lunch Or be Lunch Book in PDF, Epub and Kindle
Explains how to refine predictive skills, make decisions, measure risk, understand conflict, and improve human interactions
Author | : Pavol tekauer |
Publisher | : John Benjamins Publishing |
Total Pages | : 313 |
Release | : 2005-03-18 |
Genre | : Language Arts & Disciplines |
ISBN | : 9027294569 |
Download Meaning Predictability in Word Formation Book in PDF, Epub and Kindle
This book aims to contribute to a growing interest amongst psycholinguists and morphologists in the mechanisms of meaning predictability. It presents a brand-new model of the meaning-prediction of novel, context-free naming units, relating the wordformation and wordinterpretation processes. Unlike previous studies, mostly focussed on N+N compounds, the scope of this book is much wider. It not only covers all types of complex words, but also discusses a whole range of predictability-boosting and -reducing conditions. Two measures are introduced, the Predictability Rate and the Objectified Predictability Rate, in order to compare the strength of predictable readings both within a word and relative to the most predictable readings of other coinages. Four extensive experiments indicate inter alia the equal predicting capacity of native and non-native speakers, the close interconnection between linguistic and extra-linguistic factors, the important role of prototypical semes, and the usual dominance of a single central reading.
Author | : Cécile Fougeron |
Publisher | : Walter de Gruyter |
Total Pages | : 811 |
Release | : 2010-08-31 |
Genre | : Language Arts & Disciplines |
ISBN | : 3110224917 |
Download Laboratory Phonology 10 Book in PDF, Epub and Kindle
The present volume contains a selection of the papers and commentaries which were originally presented at the Tenth Conference of Laboratory Phonology (LabPhon10) held in Paris from June 29 to July 1, 2006. The theme of the volume is Variation, Phonetic Detail and Phonological Representation. It brings together specialists of different fields of speech research with the goal to discuss the relevance of patterns of variation and phonetic details on phonological representations and theories. The topic is addressed from the angles of speech production, perception, acquisition, speech disorders, and language universals. The contributions are grouped thematically in five sections, each of which is commented by invited discussants. Section I contains the contributions to the special '10th anniversary session' of the conference which represent in a prototypical way some of the different research questions that have been at the core of important debates over the last 20 years in the laboratory phonology community. Issues of phonological universals and language typology are addressed in section II. In section III, the notions of variation and phonetic detail are examined with regard to how they are acquired and dealt with in the formation of phonological representation in emerging systems. Section IV focuses on recent work at the crossroad between normal and disordered speech.
Author | : Thomas Jeffrey Horton |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Competition Or Monopoly? The Implications of Complexity Science, Chaos Theory, and Evolutionary Biology for Antitrust and Competition Policy Book in PDF, Epub and Kindle
Predicting the competitive and economic impacts of business conduct and relationships ranging from horizontal marketing joint ventures to vertical restraints demands an assessment and understanding of "immeasurable dynamic relationships." Despite the assiduous efforts of economists and lawyers to bring order and predictability to the competitive effects evaluation process, antitrust regulation and decision making are guided as much by assumptions and values, as they are by neutral economic or scientific principles. We should look to the teachings of complexity science, chaos theory, and evolutionary biology to better understand our complex competitive economic system and to identify potential emergent forms of order. In so doing, we will gain a greater appreciation for the importance of diversity and ongoing competition at all levels of our economic system. We also must keep foremost in mind that effective antitrust regulation requires a continuing effort to delicately balance conflicting implied values such as freedom and fairness, competition and collaboration, and diversity and efficiency. We need to recognize that maximum economic diversity and welfare creation will be realized through fair competition and voluntary contractual relationships based on trust, reciprocity, and fairness.
Author | : Abel Moreira Mateus |
Publisher | : |
Total Pages | : 379 |
Release | : 2007 |
Genre | : Business & Economics |
ISBN | : 9789041126320 |
Download Competition Law and Economics Book in PDF, Epub and Kindle
Everyone recognizes that competition is the process by which companies are induced to offer consumers the lowest prices and introduce innovations to earn higher profits. Antitrust enforcement should focus on real competition problems, on behaviour that has actual or likely restrictive effects on the market, and which harms consumers; it should be aimed at protecting competition and not competitors. A real revolution in the application of European competition law took place with the modernization package implemented in the last few years, involving the now-decentralized application of Articles 81 and 82 EC, new merger regulations, and the ongoing review of guidelines for the prosecution of abuses of a dominant position. This book presents the proceedings of the First Lisbon Competition Law and Economics Conference under the auspices of the Portuguese Competition Authority. It was a ground-breaking event in which leading European judges and competition enforcers, as well as some of the leading world economists and law professors on competition issues, took a critical look at the instruments of competition policy conceived to implement EC Regulation 1/2003, with a broader focus on modernization in the EU and in the USA. In wide-ranging discussions they evaluated theories of harm to competition for the most frequently-occurring types of abusive behaviour, and developed guidelines for a competition policy that offers both an economically sound framework and a workable and operational tool for making rules that can be enforced effectively and with a reasonable degree of predictability. Among the many issues arising in the proceedings recorded in this book are the following: special powers of investigation; leniency programs and individual sanctions; the problem of "forum shopping" in the present merger regulation system; the impact of regulations and competition on economic growth; competition and regulatory costs; judicial review of the European Commission merger decisions; consumer welfare effects of mergers; who should apply competition law to utilities; and the link between competition and innovation and the development of a country. The book will be of immeasurable value to judges, academics, and economic and law practitioners active in competition policy and enforcement, as well as to officials of European national competition authorities. Equally interested will be students of law and economics concerned with competition issues, and non-governmental organizations dealing with consumer protection and private enforcement of competition law. By giving ample evidence of the impact of competition and efficient regulation on economic growth, this far-reaching book will help elucidate the main current topics in need of further reform and underline the importance of competition policy in modern market economies.