Competition, Effects and Predictability

Competition, Effects and Predictability
Author: Bruce Wardhaugh
Publisher: Bloomsbury Publishing
Total Pages: 272
Release: 2020-04-16
Genre: Law
ISBN: 1509926097

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.

Competition, Effects and Predictability

Competition, Effects and Predictability
Author: Bruce Wardhaugh
Publisher: Bloomsbury Publishing
Total Pages: 269
Release: 2020-04-16
Genre: Law
ISBN: 1509926070

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.

Predictability

Predictability
Author: Jan Broulík
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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.

Fidelity Rebates in Competition Law

Fidelity Rebates in Competition Law
Author: Miroslava Marinova
Publisher: Kluwer Law International B.V.
Total Pages: 226
Release: 2018-11-07
Genre: Law
ISBN: 9403505710

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.

Competition Law

Competition Law
Author: Richard|Bailey Whish (David)
Publisher: Oxford University Press
Total Pages: 1269
Release: 2024
Genre:
ISBN: 0198906056

Regulating Competition in Stock Markets

Regulating Competition in Stock Markets
Author: Lawrence R. Klein
Publisher: John Wiley & Sons
Total Pages: 403
Release: 2012-04-25
Genre: Business & Economics
ISBN: 1118236866

A guide to curbing monopoly power in stock markets Engaging and informative, Regulating Competition in Stock Markets skillfully analyzes the impact of the recent global financial crisis on health and happiness, and uses this opportunity to put regulatory systems in perspective. Happiness is lost because of emotional and physical health deterioration resulting from the crisis. Therefore, the authors conclude that financial crisis prevention should be the focus of public policy. This book is the most comprehensive study so far on potential risks to the stock market, especially various forms of market manipulation that lead to mania and eventual crisis. Based on litigation cases from international stock markets, and borrowing multidisciplinary findings in the fields of finance, economics, accounting, media studies, criminology, legal studies, psychology, and medicine, this book is the first to provide thorough micro-level regulatory proposals rooted in financial reality. By focusing on securities trading, they apply antitrust measures to limiting monopolistic power that is used for the manipulation of investors' perception and monopolistic profit. These proposals are quantifiable, adjustable, inexpensive, and can be easily implemented by any securities regulating agency for real-time oversight and daily operations. The recommendations found here are intended to improve the fairness and transparency of the financial markets, thereby perfecting the market competition, protecting investors, stabilizing the market, and preventing crises Explores how avoiding crises can to contribute to a more scientific, health aware, and civilized economic and social development Written by a team of authors who have extensive experience in this dynamic field, including Nobel Laureate Lawrence R. Klein Since the founding of the first, organized stock exchange in Amsterdam 400 years ago, no systematic economic research results on stock markets have been implemented in stock market regulation around the world. Regulating Competition in Stock Markets aims to fill this void.

Do Lunch Or be Lunch

Do Lunch Or be Lunch
Author: Howard H. Stevenson
Publisher: H B S Press
Total Pages: 294
Release: 1998
Genre: Business & Economics
ISBN: 9780875847979

Explains how to refine predictive skills, make decisions, measure risk, understand conflict, and improve human interactions

Meaning Predictability in Word Formation

Meaning Predictability in Word Formation
Author: Pavol Štekauer
Publisher: John Benjamins Publishing
Total Pages: 313
Release: 2005-03-18
Genre: Language Arts & Disciplines
ISBN: 9027294569

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.

Laboratory Phonology 10

Laboratory Phonology 10
Author: Cécile Fougeron
Publisher: Walter de Gruyter
Total Pages: 811
Release: 2010-08-31
Genre: Language Arts & Disciplines
ISBN: 3110224917

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.

Competition Or Monopoly? The Implications of Complexity Science, Chaos Theory, and Evolutionary Biology for Antitrust and Competition Policy

Competition Or Monopoly? The Implications of Complexity Science, Chaos Theory, and Evolutionary Biology for Antitrust and Competition Policy
Author: Thomas Jeffrey Horton
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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.