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: 462

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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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EU Competition Law

Author: Alison Jones,Brenda Sufrin,Niamh Dunne

Publisher: Oxford University Press, USA

ISBN: 0198824653

Category: Law

Page: 1352

View: 3489

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The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team. In this fast-paced subject area, the authors carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. Online resources: The text is accompanied by online resources containing: -An additional chapter on State Aid -Web links -Updates in the law
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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: 706

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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: 1296

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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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