The Atlantic Divide in Antitrust

An Examination of US and EU Competition Policy

Author: Daniel J. Gifford,Robert T. Kudrle

Publisher: University of Chicago Press

ISBN: 022617610X

Category: Law

Page: 313

View: 1465

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The United States and the European Union operate the world s two most powerful systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language. Yet the two regimes sometimes reach very different results on significant antitrust issues. In "The Atlantic Divide in Antitrust, "Daniel Gifford and Robert Kudrle show that a combination of differences in social values, political institutions, and legal precedent inhibit close convergence. The book explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, intellectual property, and Schumpeterian competition. The authors explore how the prevailing antitrust analyses differ in the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these several areas relate to each other. Several themes run through the substantive areas treated in the book: pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. The notorious Microsoft case offers a useful lens to examine copyright, patents, and trade secrets, and the authors take the opportunity to contemplate competition policy in dynamic, innovative industries more broadly. For the EU, competition policy has also functioned as a mechanism to bond national markets together in the EU structure; the USA, federal from the beginning, did not require this instrumental aspect in its antitrust doctrines. "The Atlantic Divide" concludes with forecasts and suggestions about how greater compatibility, if not convergence, might ultimately be attained."
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Reconciling Efficiency and Equity

A Global Challenge for Competition Policy

Author: Damien Gerard,Ioannis Lianos

Publisher: Cambridge University Press

ISBN: 1108498086

Category: Law

Page: 500

View: 6382

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Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.
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Competition Law Enforcement in the BRICS and in Developing Countries

Legal and Economic Aspects

Author: Frederic Jenny,Yannis Katsoulacos

Publisher: Springer

ISBN: 331930948X

Category: Law

Page: 361

View: 5342

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This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.
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The Oxford Handbook of Intellectual Property Law

Author: Rochelle C. Dreyfuss,Justine Pila

Publisher: Oxford University Press

ISBN: 0191076104

Category: Law

Page: 1000

View: 7874

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We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
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Cooperation Between Antitrust Agencies at the International Level

Author: Bruno Zanettin

Publisher: Hart Publishing

ISBN: 1841133515

Category: Business & Economics

Page: 307

View: 3459

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Bilateral cooperation between antitrust agencies, in particular the European Commission and the US agencies, is the focus of this new work. It first shows how bilateral cooperation was developed as a response to the limits of the unilateral and extraterritorial application of national competition laws, and how it has evolved from an instrument initially designed to avoid conflicts into a tool aimed at coordinating joint investigations of international competition cases. It then considers how bilateral cooperation could be used optimally, by analysing two forms of advanced cooperation: the exchange of confidential information, and positive comity, which is the only satisfactory answer competition law can provide to market access cases. It shows that the use of such instruments is limited by significant legal and political obstacles, even in the context of the exemplary EC-US relationship. The book therefore argues that the efficient use of bilateral cooperation will be limited to a small number of well-established competition agencies. If international anticompetitive practices are to be efficiently addressed by an increasingly large and heterogeneous group of competition agencies, horizontal cooperation between antitrust agencies must be complemented by a multilateral and supranational solution going beyond the proposals currently put forward. The book concludes that only the WTO and its dispute settlement system could provide the basis for such a system.
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Congressional Record

Proceedings and Debates of the ... Congress

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 455

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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
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