Cartels, Competition and Public Procurement

Cartels, Competition and Public Procurement
Author: Stefan Weishaar
Publisher: Edward Elgar Publishing
Total Pages: 343
Release: 2013-01-01
Genre: Law
ISBN: 0857936751

ÔThis volume is long overdue. Integrated legal and economic analysis of competition law is crucial given the nature of the sector. However to carry this off successfully, one either needs intensive editorial work to bring different teams together; or one has to rely on the few who master both economic and legal analysis to a tee. Stefan WeishaarÕs analysis not only looks at a stubborn issue in competition law. He does so in three jurisdictions, in detailed yet clear fashion, with clear insight and ditto conclusions. Over and above its relevance to academic analysis, this book can go straight into competition authoritiesÕ decision making, and therefore also in compliance and remediation advice.Õ Ð Geert Van Calster, University of Leuven, Belgium Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies. Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement Ð which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions Ð the European Union, China and Japan Ð and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken. Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.

The Oxford Handbook of International Antitrust Economics

The Oxford Handbook of International Antitrust Economics
Author: Roger D. Blair
Publisher: Oxford Handbooks
Total Pages: 665
Release: 2015
Genre: Business & Economics
ISBN: 0199388598

More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.

Combating Collusion in Public Procurement

Combating Collusion in Public Procurement
Author: Katarzyna Kuźma
Publisher: Edward Elgar Publishing
Total Pages: 375
Release: 2020-10-30
Genre: Law
ISBN: 1789904854

This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU.

Putting Auction Theory to Work

Putting Auction Theory to Work
Author: Paul Milgrom
Publisher: Cambridge University Press
Total Pages: 378
Release: 2004-01-12
Genre: Business & Economics
ISBN: 1139449168

This book provides a comprehensive introduction to modern auction theory and its important new applications. It is written by a leading economic theorist whose suggestions guided the creation of the new spectrum auction designs. Aimed at graduate students and professionals in economics, the book gives the most up-to-date treatments of both traditional theories of 'optimal auctions' and newer theories of multi-unit auctions and package auctions, and shows by example how these theories are used. The analysis explores the limitations of prominent older designs, such as the Vickrey auction design, and evaluates the practical responses to those limitations. It explores the tension between the traditional theory of auctions with a fixed set of bidders, in which the seller seeks to squeeze as much revenue as possible from the fixed set, and the theory of auctions with endogenous entry, in which bidder profits must be respected to encourage participation.

Global Price Fixing

Global Price Fixing
Author: John M. Connor
Publisher: Springer Science & Business Media
Total Pages: 611
Release: 2013-12-01
Genre: Business & Economics
ISBN: 1461302935

Some books get written, others write themselves. This book is the latter type. I have devoted myselfto studying the economic organization of industries related to food and agriculture for almost twenty-five years. It has been my good fortune to work at places that tolerated my gadfly approach to research. So long as I produced a few publications each year and wooed a few graduate students to share those interests, I was free to pursue an array of topics: why firms diversifY, the competitive role of advertising, strategies for selling in overseas markets, measuring market power, and many others. Although firmly anchored in the eclectic analytical framework of industrial economics and focused on the food system, I traversed a wide field at will. Some years ago, I had pretty much convinced myself that naked price fixing was not a high priority for scholarship in these industries. True, collusion was rife in a few food industries, such as bid-rigging among suppliers of fluid milk to school districts in isolated rural districts. Ripping off milk money from school children is reprehensible enough, but the size of the economic losses from localized price fixing paled besides other sources of imperfect competition.

Landmark Cases in Competition Law

Landmark Cases in Competition Law
Author: Barry Rodger
Publisher: Kluwer Law International B.V.
Total Pages: 532
Release: 2012-12-01
Genre: Law
ISBN: 9041146717

It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.

Electricity Auctions

Electricity Auctions
Author: Luiz Maurer
Publisher: World Bank Publications
Total Pages: 181
Release: 2011-07-25
Genre: Business & Economics
ISBN: 082138824X

Electricity-contract auctions have been getting increased attention as they have emerged as a successful mechanism to procure new generation capacity and. This book presents a comprehensive overview of international experiences in auction design and implementation.

Cartel Criminality

Cartel Criminality
Author: Professor Christopher Harding
Publisher: Ashgate Publishing, Ltd.
Total Pages: 281
Release: 2015-12-28
Genre: Social Science
ISBN: 1409425290

Anti-competitive business cartels engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. Cartel Criminality discusses these business cartels, why they come into existence and persist, why they are regarded as being so bad, and the objectives within the increasingly complex and multi-level phenomenon of legal control.