Competition, Effects and Predictability

Competition, Effects and Predictability
Author: Bruce Wardhaugh
Publisher: Bloomsbury Publishing
Total Pages: 269
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.

Ten years of effects- Based approach in EU competition law

Ten years of effects- Based approach in EU competition law
Author: Jacques Bourgeois
Publisher: Primento
Total Pages: 284
Release: 2012-12-10
Genre: Law
ISBN: 2802738828

One of the key components of the modernization of competition rules has been a radical departure from the previous «form-based» enforcement to a so-called «effects-based» approach. Taking stock of ten years of experience under this new policy, the present book analyses the changes brought about, as well as the practical problems encountered in its day-to-day application, be it by competition law enforcers, judges or practitioners. This book compiles the reports prepared for the 2011 Annual Conference of the Global Competition Law Centre (“GCLC”). Each and every chapter of this volume formulates concrete proposals as to how the system can be clarified or even improved. The focus is not only on the enforcement of Articles 101 and 102 TFEU, but also in the file of merger control. Attempts are made to define more precisely the boundaries between anticompetitive object and effect, and to develop adequate safe harbours and presumptions. This book also casts a closer look at the analytical framework, possible theories of harm, evidence and defences. Overall the objective is to reconcile as best as possible law and economics, and to see how the goal to achieve the “right decision” in terms of economic outcome can be combined with the legitimate need for legal certainty.

Fidelity Rebates in Competition Law

Fidelity Rebates in Competition Law
Author: Miroslava Marinova
Publisher: Kluwer Law International B.V.
Total Pages: 277
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.

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.

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.

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

New Developments in Competition Law and Economics

New Developments in Competition Law and Economics
Author: Klaus Mathis
Publisher: Springer
Total Pages: 358
Release: 2019-03-18
Genre: Law
ISBN: 3030116115

This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.