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Ex Post Evaluation of Competition Cases

Ex Post Evaluation of Competition Cases
Author: Assimakis Komninos
Publisher: Kluwer Law International B.V.
Total Pages: 266
Release: 2021-10-13
Genre: Law
ISBN: 9403537507

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Competition authorities use ex post evaluation of enforcement decisions to help determine if an intervention (or non-intervention) has achieved its objectives – and, if not, the reasons it failed to do so – thus allowing for improvement in the design and use of techniques used in the analysis underpinning the decision. In this essential volume, expert contributors use this procedure to provide a neutral and extensive assessment of cases that have significantly shaped European Union (EU) competition law enforcement. With in-depth analysis of foundational cases of EU competition law and the methodologies that have been developed over time to predict how enforcement decisions will affect competition, for each case the authors respond thoroughly to such questions as the following: Did the decision have an impact on the affected market? Did it improve consumer or social welfare? With the benefit of hindsight, were the factual assertions true? Were all the relevant theories of harm (and efficiency justifications) properly investigated? Was the decision able to deter similar anticompetitive behaviour? Did the decision provide clear guidance on which types of conduct should be deemed illegal? Industries covered include information technology (the Microsoft cases), payment cards (the Visa Europe 2010 Commitments Decision), pharmaceuticals, and conditional rebates (Michelin I, Michelin II and BA/Virgin). Also investigated are the role of buyer power in concentration cases and the relative strength of competition law enforcement versus regulation, where appropriate. In its accumulation of evidence from individual cases that have gradually improved our ability to grasp the connections between policy choices and the outcomes they lead to, this matchless volume has no peers. It constitutes an invaluable resource for competition authorities in performing ex post evaluations and will be welcomed by practitioners and academics concerned with European competition law.


Ex Post Economic Evaluation of Competition Policy

Ex Post Economic Evaluation of Competition Policy
Author: Fabienne Ilzkovitz
Publisher: Kluwer Law International B.V.
Total Pages: 546
Release: 2020-05-18
Genre: Law
ISBN: 9403512822

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Competition authorities are increasingly interested in understanding the impact of their activities on markets and consumers. The goal is to improve competition policy rules and decision-making practices and to get robust evidence on the benefits of competition and competition policy for society as a whole. Discussions with competition authorities, practitioners and academics have shown the need to take stock of the experience gained in this field by the European Commission and to present it in an easily accessible way. The studies collected in this volume – prepared by senior Commission officials and competition policy experts – range from the ex post evaluation of specific policy interventions to the assessment of the broader impact of competition policy. The issues and topics examined include the following: objectives and scope of evaluations by the European Commission; description of counterfactual evaluation techniques used; conditions for a successful ex post evaluation of a competition policy intervention; a wide selection of individual cases covering a variety of economic sectors; applications in merger control, antitrust and State aid; direct benefits of competition policy interventions for consumers; deterrent effects of such interventions on market participants; and macroeconomic outcomes in terms of job creation, productivity and GDP growth. This matchless book assembles within a single volume all that is needed for competition policy analysts and practitioners to undertake ex post economic evaluations. While its collection of state-of-the-art ex post evaluation studies has a clear value for competition authorities, it is sure to be welcomed as well by competition law practitioners in the private sector, who will greatly appreciate the effort made to cast a critical eye on decisions taken in the past. Moreover, it allows for addressing some of the new challenges facing competition policymakers. Fabienne Ilzkovitz is Principal Advisor responsible for the economic evaluation of competition policy within the Directorate-General for Competition of the European Commission, and since 2014, she has coordinated various ex post evaluation projects in the Directorate-General. She is also Associate Professor of Economics in the Solvay Brussels School of Economics and Management at the Université Libre de Bruxelles, Belgium. Adriaan Dierx is Senior Expert on ex post economic evaluation within the Directorate-General for Competition of the European Commission. He has managed a number of studies aimed at assessing the economic impact of the European Commission’s competition policy interventions.


Ex Post Assessment of the Impact of State Aid on Competition

Ex Post Assessment of the Impact of State Aid on Competition
Author:
Publisher:
Total Pages:
Release: 2017
Genre:
ISBN: 9789279753770

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In this report, Oxera has developed an analytical framework for the ex post assessment of the effect of state aid on competition. This framework is consistent with merger and antitrust assessments but tailored to the specificities of state aid. Although it focuses on ex post impact assessments of state aid, most elements of it can also be used for ex ante evaluation. We apply this framework to four cases where the Commission authorised the granting of aid to individual companies. The case studies were selected in order to cover a diversity of aid objectives, economic sectors and amounts of aid. The four cases selected are: regional aid to an airport in the UK; R&D&I aid to a French substrates manufacturer; SGEI aid to an Italian postal operator; environmental aid to a French starch producer. Following the four case studies, we show that the impact of the aid could vary according to the relative amount of the aid, the breadth of the aid, and frequency of the aid. We also conclude that usual techniques in antitrust and merger assessments can be used in ex post assessments. However, there are some specific challenges regarding market definition, counterfactual analysis, and data availability.


EU State Aid Control

EU State Aid Control
Author: Philipp Werner
Publisher: Kluwer Law International
Total Pages: 0
Release: 2017
Genre: Commercial law
ISBN: 9789041151476

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Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.


Cases in European Competition Policy

Cases in European Competition Policy
Author: Bruce Lyons
Publisher: Cambridge University Press
Total Pages: 513
Release: 2009-08-27
Genre: Business & Economics
ISBN: 052188604X

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Competition between firms is usually the most effective way of delivering economic efficiency and what consumers want. However, there is a balance to be struck. Firms must not be over-regulated and so hampered in their development of innovative products and new strategies to compete for customers. Nor must they be completely free to satisfy a natural preference for monopoly, which would give them higher profits and a quieter life. The economic role of competition policy (control of anticompetitive agreements, mergers and abusive practices) is to maintain this balance, and an effective policy requires a nuanced understanding of the economics of industrial organization. Cases in European Competition Policy demonstrates how economics is used (and sometimes abused) in competition cases in practical competition policy across Europe. Each chapter summarizes a real case investigated by the European Commission or a national authority, and provides a critique of key aspects of the economic analysis.


Competition, Innovation, and Growth in Japan

Competition, Innovation, and Growth in Japan
Author: Yuji Honjo
Publisher: Springer
Total Pages: 269
Release: 2017-05-11
Genre: Business & Economics
ISBN: 9811038635

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This book addresses three important concepts in the economy—competition, innovation, and growth—using various cases and available data in Japan and other countries. First, the authors discuss competition, including global competition, to provide a better understanding of competition policy in Japan. Then, the authors examine the effects of human capital and alliance on innovation while providing new innovation indicators. Moreover, the authors examine growth from the perspective of corporate strategy such as acquisition, including international comparison. The interplay of competition, innovation, and growth has been prevalent in Japan, and it still acts as a catalyst for stimulating the stagnant economy. A better understanding of competition, innovation, and growth provides the tools to reinvigorate the stagnant economy in Japan and to reinforce the economy in other countries where the period of rapid growth has ended.


Gender Inclusive Competition Toolkit

Gender Inclusive Competition Toolkit
Author: OECD
Publisher: OECD Publishing
Total Pages: 37
Release: 2023-09-07
Genre:
ISBN: 9264718036

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What has competition got to do with gender? Competition authorities play a crucial role in shaping fair and thriving markets. However, the connection between competition and gender is often overlooked.


Law and Economics in Japanese Competition Policy

Law and Economics in Japanese Competition Policy
Author: Koki Arai
Publisher: Springer
Total Pages: 199
Release: 2019-06-04
Genre: Business & Economics
ISBN: 9811381887

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This book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases.


Economics for Competition Lawyers

Economics for Competition Lawyers
Author: Gunnar Niels
Publisher: Oxford University Press, USA
Total Pages: 637
Release: 2011-04-07
Genre: Business & Economics
ISBN: 0199588511

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Economics for Competition Lawyers provides a comprehensive explanation of the economic principles most relevant for competition law. Written specifically for competition lawyers, it uses real-world examples, is non-technical, and explains the key points from first principles.