Private Law and Competition Policy in the Global Economy

Private Law and Competition Policy in the Global Economy
Author: Gralf-Peter Calliess
Publisher:
Total Pages: 40
Release: 2014
Genre:
ISBN:

Download Private Law and Competition Policy in the Global Economy Book in PDF, Epub and Kindle

In this paper we criticize the so-called 'more economic approach' to European competition law for its disregard of the importance of a functional system of private law. The more economic approach presumes that vertical integration is an economically efficient governance-mechanism. This assumption is based on the availability of market governance as an alternative mode of governance for organizing transactions. Since the enforcement of cross-border contracts by state-organized systems of private law, however, is insufficient, 'make or buy'-decisions in international commerce are prejudiced against at arms' length transactions on markets. Consequently international transactions are integrated vertically into firm-structures to a higher degree than it is economically sensible for comparable domestic transactions, which take place in the shadow of an effective domestic system of private law. The resulting over-integration of world markets leads to reduced competitive incentives and high bureaucratic costs. Contrary to the fundamental assumptions of the 'more economic approach', vertical integration does, therefore, not per se foster consumer welfare in the global economy. Being an economically inefficient reaction to the deficits in state protection of cross-border contracts, this excess of cross-border vertical integration, however, cannot be countered by a strict world antitrust law, but only by establishing legal certainty in the enforcement of cross-border contracts. Thus, international private law policy currently seems to be the instrument of choice in promoting competition in the global economy.

Competition Laws in Conflict

Competition Laws in Conflict
Author: Richard Allen Epstein
Publisher: American Enterprise Institute
Total Pages: 428
Release: 2004
Genre: Business & Economics
ISBN: 9780844742014

Download Competition Laws in Conflict Book in PDF, Epub and Kindle

Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

Competition Policy and Intellectual Property in Today's Global Economy

Competition Policy and Intellectual Property in Today's Global Economy
Author: Robert D. Anderson
Publisher: Cambridge University Press
Total Pages: 925
Release: 2021-08-05
Genre: Business & Economics
ISBN: 1107194369

Download Competition Policy and Intellectual Property in Today's Global Economy Book in PDF, Epub and Kindle

The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

Competition, Data and Privacy in the Digital Economy

Competition, Data and Privacy in the Digital Economy
Author: Maria Wasastjerna
Publisher: Kluwer Law International B.V.
Total Pages: 416
Release: 2020-07-16
Genre: Law
ISBN: 9403522240

Download Competition, Data and Privacy in the Digital Economy Book in PDF, Epub and Kindle

Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.

Competition Policy in the Global Economy

Competition Policy in the Global Economy
Author: William S. Comanor
Publisher: Routledge
Total Pages: 617
Release: 2005-10-26
Genre: Business & Economics
ISBN: 1134766394

Download Competition Policy in the Global Economy Book in PDF, Epub and Kindle

International agreements on competition law and policy are notoriously difficult to implement. This collection of essays examines the complexities involved when the issues of international co-ordination and harmonization of competition law and policy are considered.

Global Competition Policy

Global Competition Policy
Author: Edward Montgomery Graham
Publisher: Peterson Institute
Total Pages: 620
Release: 1997
Genre: Business & Economics
ISBN: 9780881321661

Download Global Competition Policy Book in PDF, Epub and Kindle

There is growing consensus among international trade negotiators and policymakers that a prime area for future multilateral discussion is competition policy. Competition policy includes antitrust policy (including merger regulation and control) but is often extended to include international trade measures and other policies that affect the structure, conduct, and performance of individual industries. This study includes country studies of competition policy in Western Europe, North America, and the Far East (with a focus on Japan) in the light of increasingly globalized activities of business firms. Areas where there are major differences in philosophy, policy, or practice are identified, with emphasis on those differences that could lead to economic costs and international friction. Alternatives for eliminating these costs and frictions are discussed, including unilateral policy changes, bilateral or multilateral harmonization of policies, and creation of new international regimes to supplement or replace national or regional regimes.

An International Antitrust Primer

An International Antitrust Primer
Author: Mark R. Joelson
Publisher: Kluwer Law International B.V.
Total Pages: 576
Release: 2016-04-24
Genre: Law
ISBN: 9041191089

Download An International Antitrust Primer Book in PDF, Epub and Kindle

Despite the continuing inter-government cooperation over the regulation of international commerce, significant cross-country differences persist in areas such as merger control, notification to authorities, and remedies deemed appropriate for antitrust enforcement. Accordingly, companies must be aware of the rules that apply in the countries in which they do business. This fourth edition of the Kintner-Joelson classic International Antitrust Primerprovides a thorough update of the status of competition regulation in a number of key jurisdictions, including up-to-date case law involving the technology giants Google, Microsoft, Amazon, Apple, and Facebook. Coverage focuses on the European Union and the United States — which continue to be foremost in the enforcement and refinement of comprehensive competition laws — but also takes into account the vast strides that are being made elsewhere, with chapters on South Korea, Japan, and India, as well as a chapter on the United Kingdom with a section on the post-Brexit implications. The book provides essential guidance on such issues of concern to business persons and their counsel as the following: • intellectual property rights; • extent and kind of criminal sanctions; • extraterritorial reach; • mergers and acquisitions; • level and type of enforcement activity; • effects of national foreign or domestic policy; • permissible cooperation among competitors; and • public procurement. Business persons, government officials, students, lawyers, and others who have been relying on this preeminent resource for years will greatly appreciate this thoroughly updated edition. There is nothing else that so lucidly and helpfully explains competition law for those who require a working knowledge of the subject to proceed confidently in their day-to-day work.

Competition Law and Economics

Competition Law and Economics
Author: Abel Moreira Mateus
Publisher: Edward Elgar Publishing
Total Pages: 457
Release: 2010-01-01
Genre: Law
ISBN: 1849807035

Download Competition Law and Economics Book in PDF, Epub and Kindle

Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.

The Analysis Of Competition Policy And Sectoral Regulation

The Analysis Of Competition Policy And Sectoral Regulation
Author: Martin Peitz
Publisher: World Scientific
Total Pages: 514
Release: 2014-07-07
Genre: Business & Economics
ISBN: 9814616370

Download The Analysis Of Competition Policy And Sectoral Regulation Book in PDF, Epub and Kindle

This volume contains a selection of papers that were presented at the CRESSE Conferences held in Chania, Crete, from July 6th to 8th, 2012, and in Corfu from July 5th to 7th, 2013. The chapters address current policy issues in competition and regulation. The book contains contributions at the frontier of competition economics and regulation and provides perspectives on recent research findings in the field. Written by experts in their respective fields, the book brings together current thinking on market forces at play in imperfectly competitive industries, how firms use anti-competitive practices to their advantage and how competition policy and regulation can address market failures. It provides an in-depth analysis of various ongoing debates and offers fresh insights in terms of conceptual understanding, empirical findings and policy implications. The book contributes to our understanding of imperfectly competitive markets, anti-competitive practices and competition policy and regulation.

Competition Policy in the Global Economy

Competition Policy in the Global Economy
Author: Leonard Waverman
Publisher: London : Routledge
Total Pages: 501
Release: 1997-01
Genre: Business & Economics
ISBN: 9780415142267

Download Competition Policy in the Global Economy Book in PDF, Epub and Kindle

International agreements on competition law and policy are notoriously difficult to implement. This collection examines the complexities involved when international co-ordination and harmonization of competition law and policy are considered. Presenting an analysis of the issues surrounding co-operation and convergence, a number of key factors are examined. These include the impact of differing anti-trust laws across borders on trade and investment, the effects on competition policy of international strategic alliances, mergers and acquisitions, the trade-off between firm privacy and antitrust needs in co-ordinating information flow across borders. The final section of the book addresses major policy themes in the context of how to proceed in the future.