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A Primer on Competition Policy and the New Economy

A Primer on Competition Policy and the New Economy
Author: Robert W. Hahn
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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While there is general agreement among economists that the new economy has helped stimulate innovation and growth, there is a vigorous debate about when to intervene on behalf of consumers. The basic conundrum that antitrust authorities face is that scale economies in production and consumption provide an economic justification for having a single firm dominate a market. This article characterizes the debate on antitrust and the new economy, using the Microsoft case as a key example. Antitrust policy is critical because it helps determine the rules of the road by which firms can compete and merge. Policy proposals for regulating the new economy fall loosely into two camps - those that advocate intervention in some of these markets and those that generally advocate not intervening in these markets. The interventionists focus on possible barriers to entry that could be imposed by a dominant new economy firm. The non-interventionists highlight the self-corrective nature of new economy markets, and assert that the costs of taking action on the part of government is high compared to the cost of doing nothing. Noninterventionists also question the extent to which surgical antitrust interventions are feasible or appropriate. The paper offers six recommendations for improving policy. These include: recognizing the slow speed of antitrust policy relative to the new economy; evaluating new economy antitrust issues on a case-by-case basis; using a framework that highlights dynamic competition for new economy antitrust issues; erring on the side of caution in regulating new economy markets; reducing political rent seeking opportunities in these markets; and learning more about how these markets actually function.


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

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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.


The Making of Competition Policy

The Making of Competition Policy
Author: Daniel A. Crane
Publisher: Oxford University Press
Total Pages: 510
Release: 2013-01-30
Genre: Business & Economics
ISBN: 0199311560

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This book provides edited selections of primary source material in the intellectual history of competition policy from Adam Smith to the present day. Chapters include classical theories of competition, the U.S. founding era, classicism and neoclassicism, progressivism, the New Deal, structuralism, the Chicago School, and post-Chicago theories. Although the focus is largely on Anglo-American sources, there is also a chapter on European Ordoliberalism, an influential school of thought in post-War Europe. Each chapter begins with a brief essay by one of the editors pulling together the important themes from the period under consideration.


Competition Policy and the Control of Buyer Power

Competition Policy and the Control of Buyer Power
Author: Peter C. Carstensen
Publisher: Edward Elgar Publishing
Total Pages: 265
Release: 2017-09-29
Genre: Law
ISBN: 178254058X

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This book provides a comprehensive overview of the economic and competition policy issues that buyer power creates. Drawing on economic analysis and cases from around the world, it explains why conventional seller side standards and analyses do not provide an adequate framework for responding to the problems that buyer power can create. Based on evidence that abuse of buyer power is a serious problem for the competitive process, the book evaluates the potential for competition law to deal directly with the problems of abuse either through conventional competition law or special rules aimed at abusive conduct. The author also examines controls over buying groups and mergers as potentially more useful responses to risks created by undue buyer power.


Competition, Regulation and the New Economy

Competition, Regulation and the New Economy
Author: Cosmo Graham
Publisher: Bloomsbury Publishing
Total Pages: 214
Release: 2004-10-11
Genre: Law
ISBN: 1847310613

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In addition to being the principal medium for communication, education and entertainment the new economy is now a leading provider of goods and services through electronic channels. The new economy rides on the crest of new technological developments in computers, telecommunications and satellites creating new interactive mediums and from the deregulation and privatization of state owned enterprises in the telecommunications and broadcasting sectors. Whilst the economic viability of the dotcoms is questioned, the existence of a new economy with novel methods of production, distribution and exchange is here to stay. Evidence of this is the fact that there are 300 million active computers in the world, with 350 million people who use the world wide web (expected to grow to one billion in four years), and the speed of microprocessors continuously increases, facilitating the use of IT. The question which is pursued in the series of essays in this book is whether the conceptual underpinnings of competition law and international regulatory mechanisms are adequate or appropriate to deal with the developments raised by the new economy.


An International Antitrust Primer

An International Antitrust Primer
Author: Mark R. Joelson
Publisher: Kluwer Law International B.V.
Total Pages: 576
Release: 2016-04-24
Genre: Law
ISBN: 9041191089

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Despite the continuing inter-government cooperation over the regulation of international commerce, significant cross-country differences persist in areas such as merger control, notification to authorities, and remedies deemed appropriate for antitrust enforcement. Accordingly, companies must be aware of the rules that apply in the countries in which they do business. This fourth edition of the Kintner-Joelson classic International Antitrust Primerprovides a thorough update of the status of competition regulation in a number of key jurisdictions, including up-to-date case law involving the technology giants Google, Microsoft, Amazon, Apple, and Facebook. Coverage focuses on the European Union and the United States — which continue to be foremost in the enforcement and refinement of comprehensive competition laws — but also takes into account the vast strides that are being made elsewhere, with chapters on South Korea, Japan, and India, as well as a chapter on the United Kingdom with a section on the post-Brexit implications. The book provides essential guidance on such issues of concern to business persons and their counsel as the following: • intellectual property rights; • extent and kind of criminal sanctions; • extraterritorial reach; • mergers and acquisitions; • level and type of enforcement activity; • effects of national foreign or domestic policy; • permissible cooperation among competitors; and • public procurement. Business persons, government officials, students, lawyers, and others who have been relying on this preeminent resource for years will greatly appreciate this thoroughly updated edition. There is nothing else that so lucidly and helpfully explains competition law for those who require a working knowledge of the subject to proceed confidently in their day-to-day work.


Competition Policy

Competition Policy
Author: Emmanuel Combe
Publisher: Kluwer Law International B.V.
Total Pages: 460
Release: 2021-11-22
Genre: Law
ISBN: 9403537515

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Competition Policy An Empirical and Economic Approach Emmanuel Combe It is a truism of competition that, paradoxically, those who were responsible for yesterday’s innovations and productivity become obstacles to future growth. This is why competition law has been assigned such an important role in modern countries—to detect and sanction anticompetitive practices that prevent the entry of new, efficient competitors. This utterly original book, which thoroughly explains competition policy using economic analyses of European and U.S. antitrust cases, illuminates the complex but crucial back-and-forth between economic theory and competition law practice. Covering the full range of competition policy, from antitrust (cartels, abuse of dominant position) to merger control, the book not only offers a general view of competition policy in Europe and the United States but also clearly explains the economic underpinnings that guide it, thus illustrating how principles are applied in practice. Issues and topics include the following: economic approach of antitrust sanctions; role of criminal sanctions and private actions; factors favoring cartel formation and stability; role of leniency policies; vertical restraints in the age of e-commerce; economic assessment of R&D and licensing agreements; detecting and sanctioning predatory pricing; exploitative and exclusionary abuses; and impact of a horizontal, vertical and conglomerate mergers on competition. All the major fields of competition policy are clearly explained, with many illustrative examples from case law. There is also a chapter presenting an overview of competition policies around the world, as well as the legal and institutional framework within which they operate. At a time of increasing public concern regarding high industrial concentration, especially in the digital sector, the question of regulating competition is returning to the forefront. Given that the concepts and tools of economic analysis are widely used by competition authorities, this book gives lawyers a clear understanding of the objectives and instruments of competition policy. It will thus enable corporate counsel, academics, and policymakers to apply or formulate competition law with increased precision in their day-to-day work.


Competition Policy in the Global Economy

Competition Policy in the Global Economy
Author: William S. Comanor
Publisher: Routledge
Total Pages: 462
Release: 2005-10-26
Genre: Business & Economics
ISBN: 1134766408

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This volume examines the complexities involved when international co-ordination and harmonization of competition law and policy are considered.


Competition Policy Analysis

Competition Policy Analysis
Author: Einar Hope
Publisher: Routledge
Total Pages: 264
Release: 2000-08-31
Genre: Business & Economics
ISBN: 1134736436

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As markets become increasingly integrated and globalised, competition policy is facing new challenges. Contributions from leading international experts explore theoretical and methodological issues of practical relevance for the new competition policy order and give examples of practical policy adjustments.