On the Public-Law Character of Competition Law

On the Public-Law Character of Competition Law
Author: Michael W. Dowdle
Publisher:
Total Pages: 102
Release: 2016
Genre:
ISBN:

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This article argues that competition law is best seen as a form of public law - 'the law that governs the governing of the state - and not as simply a form of private market regulation. It uses the experiences of 'Asian capitalism' to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the innately political balancing that these different forms of capitalism, and their different dynamics of competition, require and provoke. Recognizing that competition law is ultimately a form of public law allows us to visualize this inevitable process of political balancing, and thereby begin to address the issues it raises.

Competition Law

Competition Law
Author: Rosa Greaves
Publisher: Routledge
Total Pages: 477
Release: 2017-11-30
Genre: Law
ISBN: 1351776940

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This book was published in 2003. Competition/anti-trust law, as a separate body of law, is very much a creation of the 20th century and grew only in maturity in the latter half of that century. As developments in US anti-trust law have had, and continue to have, an important influence on the development of competition law in Europe and worldwide, articles have been selected for this collection from both sides of the Atlantic. The volume focuses on the following aspects: the objectives and nature of competition law, the scope of competition law, selected legal concepts and challenges in competition law, and the global application of competition law.

Monopoly Law and Market:Studies of EC Competition Law with U. S. American Antitrust Law As a Frame of Reference and Supported by Basic Market Economics

Monopoly Law and Market:Studies of EC Competition Law with U. S. American Antitrust Law As a Frame of Reference and Supported by Basic Market Economics
Author: Jens Fejø
Publisher: Springer
Total Pages: 444
Release: 1990-01-31
Genre: Business & Economics
ISBN:

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Compara politicas de fomento de la competencia en Estados Unidos y la CEE. Comienza con una exposicion sobre los objetivos de una politica antitrust, continua con un analisis de la legislacion antitrust norteamericana y las leyes de la CEE sobre competencia, para luego centrarse en los siguientes aspectos: Acuerdos de precios entre competidores y reparto del mercado, restricciones del mercado, y acuerdos sobre licencias y patentes. (igm).

Competition Laws Outside the United States

Competition Laws Outside the United States
Author: H. Stephen Harris
Publisher: American Bar Association
Total Pages: 1706
Release: 2001
Genre: Law
ISBN: 9781570738814

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Due Process and Fair Trial in EU Competition Law

Due Process and Fair Trial in EU Competition Law
Author: Cristina Teleki
Publisher: BRILL
Total Pages: 392
Release: 2021-05-17
Genre: Business & Economics
ISBN: 9004447490

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In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Competition Law and Public Service in the European Union and the United States

Competition Law and Public Service in the European Union and the United States
Author: Jim Rossi
Publisher:
Total Pages: 5
Release: 2008
Genre:
ISBN:

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This is a review of lt;igt;The Limits of Competition Law: Markets and Public Serviceslt;/igt; (Oxford 2005), by Tony Prosser, a Professor of Public Law at the University of Bristol, England. When competition laws and other public service principles are in tension, can courts avoid a collision or will it be necessary to pick a winner? Prosser's analysis pays particular attention to public service obligations and their implications for the regulation of state monopoly in the European Union, drawing interesting and important connections between antitrust principles in the UK and elsewhere in Europe, specifically France and Italy. Although the notions of sovereignty that predominate in the EU differ fundamentally from those of federalism in the United States, Prosser's discussion parallels familiar American debates about the scope of defenses for regulated industries under antitrust laws. State-sponsored public service laws can serve important goals, as Prosser recognizes, but this review argues that an extension of his frame can also give courts grounds to recognize when state or industry claims of public service goals values are unjustified.

Private Law and Competition Regulation

Private Law and Competition Regulation
Author: Alberto Brown
Publisher:
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781032743196

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"This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework. Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law, and how the two fields coexist. Additionally, the book examines the role of property law theory within the context of competition regulation. The book will be of interest to students and scholars in the field of competition law, tort law and legal history"--

Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings

Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings
Author: Pierre Kobel
Publisher: Springer
Total Pages: 499
Release: 2021-03-30
Genre: Law
ISBN: 9783030557645

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This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

The Goals of Competition Law

The Goals of Competition Law
Author: Daniel Zimmer
Publisher: Edward Elgar Publishing
Total Pages: 529
Release: 2012
Genre: Law
ISBN: 0857936611

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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.

International Investment Law and Comparative Public Law

International Investment Law and Comparative Public Law
Author: Stephan W. Schill
Publisher: Oxford University Press
Total Pages: 922
Release: 2010-10-14
Genre: Law
ISBN: 0199589100

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International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.