On the Normative Foundations of the Global Competition Governance

On the Normative Foundations of the Global Competition Governance
Author: Kim Them Do
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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This paper discusses the normative foundation of a global competition regime. It asks: What kind of normative values do we need? What objectives ought we to pursue? Why value economic competition at such a tough time as this? Are the disputes on these issues in the US and EU jurisdictions likely to be a point of reference for this policy research? It argues that the competition value persist and that it is therefore worth valuing competition for its own sake. In reviewing US, EU and German competition law discourse, it does not share these normative underpinnings about consumer welfare standard, economic efficiency and protection of economic freedom because these standards are unsuitable in projecting a future global competition regime. It presents instead the moral and political philosophy of Amartya Sen, whose illustration could provide a initial brief explanation of this law making process. Based on the developmental perspective, in its best sense of freedom to compete and market performance improvement, as the global reasoning behind this project, the chapter justifies how we can no longer equate the conventional nature of competition with prohibitions against business firms' restraint practices as before. This change in mindset in the cooperation among countries facilitates discussion of the technical issues.

The Normative Foundations of European Competition Law

The Normative Foundations of European Competition Law
Author: Oles Andriychuk
Publisher: Edward Elgar Publishing
Total Pages: 441
Release: 2017-08-25
Genre: Law
ISBN: 1786436078

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Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.

Public Governance and the Classical-Liberal Perspective

Public Governance and the Classical-Liberal Perspective
Author: Paul Dragos Aligica
Publisher: Oxford University Press, USA
Total Pages: 281
Release: 2019-06-03
Genre: Business & Economics
ISBN: 0190267038

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A distinctive perspective on governance: the building blocks -- Classical liberalism : delineating its theory of governance -- Function, structure, and process at the private-public interface -- Dynamic governance : the polycentrism process and knowledge processes -- Public choice and public administration : the confluence -- Public administration and public choice : charting the field -- Public choice, public administration, and self-governance : the Ostromian confluence -- Heterogeneity, coproduction, and polycentric governance : the Ostroms' public choice institutionalism revisited -- Framing the applied level : themes, issue areas, and cases -- Metropolitan governance : polycentric solutions for complex problems -- Independent regulatory agencies and their reform : an exercise in institutional imagination -- Polycentric stakeholder analysis : corporate governance and corporate social responsibility -- Conclusions: governance and public management : a vindication of the classical-liberal perspective?

Realizing a New Global Cyberspace Framework

Realizing a New Global Cyberspace Framework
Author: Rolf H. Weber
Publisher: Springer
Total Pages: 198
Release: 2014-09-23
Genre: Law
ISBN: 3662446774

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In many respects cyberspace has created a new world. The online phenomena encompass social, cultural, economic, and legal facets. Exceeding the present Internet Governance concept the book analyses the normative foundations and guiding principles of a global cyberspace regime that includes the exchange of people, businesses, governments, and other entities. Based on this assessment and philosophical theories the book attempts to outline a model for a general legal framework enshrining key principles of civil society (such as human rights, ethics). The proposed global framework, not in the form of a multilateral treaty but a morally convincing declaration, could then be complemented by additional polycentric regulations with binding effect, developed on the basis of multistakeholder participation in a multi-layer concept.

Competition Policy and the Economic Approach

Competition Policy and the Economic Approach
Author: Josef Drexl
Publisher: Edward Elgar Publishing
Total Pages: 361
Release: 2011-01-01
Genre: Business & Economics
ISBN: 0857930338

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This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the .economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more .economic approach' has led to a modernisation of competition law throughout the world. This book comprehensivelyexamines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economicsin the field of competition will also find this book invaluable.

The Governance of Global Competition

The Governance of Global Competition
Author: Oliver Budzinski
Publisher: Edward Elgar Publishing
Total Pages: 311
Release: 2008-01-01
Genre: Business & Economics
ISBN: 1847209939

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. . . highly recommendable to anyone interested in international competition policy. Arndt Christiansen, European Competition Law Review This book provides a comprehensive and refreshing analysis of the competition issues raised by the globalisation of markets. It draws on a very wide range of economic and legal sources to assess the manifold proposals for controlling the competitive forces released by the freeing up of world markets. All those interested in these important and largely unresolved issues will find it an invaluable source of reference. Michael A. Utton, University of Reading, UK and Dongbei University of Finance and Economics, Dalian, China The globalization of market competition and business behaviour fosters globalization of cartels and monopolising mergers that can lead to abusive and predatory strategies. The globalization of competition therefore also demands an internationalization of competition policy. However, Oliver Budzinski is realistic in his assertion that supranational competition governance must be built upon the existing, predominantly national, regimes. The resulting multilevel system of antitrust institutions and authorities, he argues, is problematic for the horizontal and vertical allocation of competences. This book employs the economics of federalism to create an analytical framework which can be used for comparative analysis of stylised competence allocation rules. The result is a proposal for a sound international multilevel competition policy system that combines elements of both centralized and decentralized governance. This book provides an innovative and unique perspective on international competition policy and will be of interest to economists, legal scientists and competition authorities as well as academics and practitioners of international governance and international relations and politics.

The International Legal Order

The International Legal Order
Author: Ingrid Detter Delupis
Publisher: Dartmouth Publishing Company
Total Pages: 622
Release: 1994
Genre: International law
ISBN:

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This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

Governance Without Government

Governance Without Government
Author: James N. Rosenau
Publisher: Cambridge University Press
Total Pages: 328
Release: 1992-03-26
Genre: Law
ISBN: 9780521405782

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A world government capable of controlling nation-states has never evolved, but governance does underlie order among states and gives direction to problems arising from global interdependence. This book examines the ideological bases and behavioural patterns of this governance without government.

A Framework for the Design and Implementation of Competition Law and Policy

A Framework for the Design and Implementation of Competition Law and Policy
Author: R. S. Khemani
Publisher: World Bank Publications
Total Pages: 172
Release: 1999
Genre: Law
ISBN: 9780821342886

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A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies. To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions. The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.

Governing Complexity

Governing Complexity
Author: Andreas Thiel
Publisher: Cambridge University Press
Total Pages:
Release: 2019-09-30
Genre: Political Science
ISBN: 1108349609

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There has been a rapid expansion of academic interest and publications on polycentricity. In the contemporary world, nearly all governance situations are polycentric, but people are not necessarily used to thinking this way. Governing Complexity provides an updated explanation of the concept of polycentric governance. The editors provide examples of it in contemporary settings involving complex natural resource systems, as well as a critical evaluation of the utility of the concept. With contributions from leading scholars in the field, this book makes the case that polycentric governance arrangements exist and it is possible for polycentric arrangements to perform well, persist for long periods, and adapt. Whether they actually function well, persist, or adapt depends on multiple factors that are reviewed and discussed, both theoretically and with examples from actual cases.