This Understanding treatise is designed to supplement any antitrust casebook. When the first edition was published over twenty years ago, the Supreme Court was in the midst of reshaping antitrust law to reflect its philosophy that it should adhere to the teachings of economics. During the six years since the Fourth Edition was published, this process has continued as the Court sought to achieve greater consistency. For example: • The Court removed resale price maintenance (RPM) from the list of per se unlawful activities. • The Court has also made it clear that it would treat secondary line price discrimination - perhaps the last remaining element of the populous antitrust philosophy of the 1960s - in a manner consistent with its emphasis on efficiency. • The Court made one of its first forays into the theory of monopsony and addressed the question of how antitrust law applies to market power on the buying side of the market. The process of rationalizing antitrust law is far from complete. For example, the Court's newly announced position on RPM raises a number of issues. Specifically, many past decisions by the Supreme Court and lower courts reflect either approval or disapproval of the per se status of RPM. Now that the rule has been changed, the relevance of that law is in question. In addition, a truly consistent antitrust policy requires close attention to various exemptions. Exemptions based on non economic considerations are hard to reconcile with the path the Court has chosen. Finally, in a global economy, matters of market power and the competitive impact of various agreements must be viewed from an international perspective.
Most readers are familiar with the concept of a monopoly. A monopolist is the only seller of a good or service for which there are not good substitutes. Economists and policy makers are concerned about monopolies because they lead to higher prices and lower output. The topic of this book is monopsony, the economic condition in which there is one buyer of a good or service. It is a common misunderstanding that if monopolists raise prices, then monopsonists must lower them. It is true that a monopsonist may force sellers to sell to them at lower prices, but this does not mean consumers are better off as a result. This book explains why monopsonists can be harmful and the way law has developed to respond to these harms.
This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between US and EU systems. Taking examples from regions such as Africa, the Middle East and Asia, Maher M. Dabbah looks at the law and policy in developing countries and at a regional level, the internationalisation of competition law and the doctrines of extraterritoriality, bilateral cooperation and multilateral cooperation as well as the relationship between competition and trade policy. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy. It is written in a language and style which make such a complex topic both possible to understand and enjoyable.
An Agenda for Resource-Dependent Developing Countries
Author: David Oluwadare Adetoro
Publisher: Cambridge Scholars Publishing
Category: Political Science
This book examines the extent to which competition law and policy could be employed to promote the efficient allocation of resources in resource-dependent developing economies. Its background inquiry into competition policy and the analysis of economic problems of resource-dependent developing economies inspired by global competition trends in the United States and Europe provide an indispensable framework for understanding competition policy and current attitudes to regulation in a liberalised developing economy. The book provides a systematic exposition of some of the problems associated with resource-dependent economies and the implications for competition and what kinds of conduct in which firms can and cannot engage. In addition to building on basic competition and antitrust concepts, it offers insights into some prevailing problems, which include the issue of ‘resource curse’, rent-seeking, corruption, and abusive business practices, among others. Their examination here is aligned with scrutiny of the characteristics of developing countries in contrast to developed countries; Nigeria is taken as a proxy for resource-dependent developing countries. The book also determines whether competition law and policy could be used as a tool for addressing competition problems that may exist in resource-dependent developing countries. This book provides meaningful material for both undergraduate and graduate business school programs. In addition, it will be of great interest to lawyers, historians, economists, sociologists, and policy makers in both government and business who wish to understand competition issues in a clear and rigorous way in developing economies.
This guide provides expert coverage of the classic issues, including basic price theory; definitions of efficiency; the Coase Theorem; and the economics of contract law, tort law, criminal law, regulation, antitrust, and intellectual property. The text also discusses less conventional topics such as public choice, what it means to be a rational maximizer of self-interest, the assumptions underlying economic analysis as applied to law, limitations on the application of economic theory to law, the theory of second best, the prisoner's dilemma, the economics of marriage, the economics of inheritance, evolutionary theories of law, the economics of settlement, and the implications of recent research into happiness.
The stated purpose of antitrust laws is to protect competition and the public interest. But do such laws actually restrict the competitive process, harming consumers and serving the special interests of a few politically-connected competitors? Is antitrust law a necessary defence against the predatory business practices of wealthy, entrenched corporations that dominate a market? Or does antitrust law actually work to restrain and restrict the competitive process, injuring the public it is supposed to protect? In this breakthrough study, professor Armentano thoroughly researches the classic cases in antitrust law and demonstrates a surprising gap between the stated aims of antitrust law and what it actually accomplishes in the real world. Instead of protecting competition, professor Armentano finds, antitrust law actually protects certain politically-favoured competitors. This is an essential work for anyone wishing to understand the limitations and problems of contemporary antitrust actions.
This newly updated casebook provides an historical fromework showing how modern antitust law has developed across time, giving students a basis for projecting the direction that it is moving and what older arguments still have applicability. This edition includes new cases such as Trinko, Empagran and the continuing story of Microsoft. The text also gives more treatment to merger practice and a practitioner's need to consider the international implications of a client's conduct .
Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist’s view of the subject, describing the application of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. (The book uses the U.S. term "antitrust law" and the European "competition law" interchangeably, emphasizing the commonalities between the two jurisdictions.) After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance (or unilateral conducts), and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to "bidding markets," network industries, and two-sided markets. Contributors: Mark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paolo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrik Roller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Verge, Vincent Verouden, John Vickers, Gregory J. Werden.
This casebook presents cases & materials on antitrust in a business context. In addition to the standard topics covered in Antitrust casebooks, it also includes discussion of ethical issues, patents, compliance, criminal & civil procedure, & enforcement (public & private), as well as the issues of standing, class actions, proof, & measurement of damages. Economic materials introduce students to the basics of industrial organization economics.
Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.
The Shortcomings of Antitrust in Developing and Reforming Economies
Author: A. E. Rodriguez,Ashok Menon
Publisher: Kluwer Law International B.V.
What the authors offer is a thoroughgoing analysis clearly demonstrating that, whatever economic path developing countries pursue, imposing Western-style antitrust regimes will engender uncertainty, chill economic behaviour, and foster an unhealthy climate for business. They employ the influential error-cost methodology to appraise the performance of competition policy and to show how such a policy creates irresolvable tensions in fragile economies with weak institutions - economies characterized by informal rules of business practice, long-standing symbiotic business-state relationships, and unpredictable state action. They mount a powerful critique of the arguments of neo-institutionalists (who fail to recognize the vulnerable nature of emerging market economies) and competition `advocates' (who presume to stand ready and vigilant to enforce competition policy on state entities). --
Few issues in high technology are as divisive as the raging debate over competition, innovation, and antitrust. Why do certain products and technologies become dominant while others fail? Is there something about high technology that makes markets less dependable at choosing goods and services? Will the robust competition and technological advances of the past two decades continue? Or, will they be suffocated by larger firms employing monopolistic practices? Is antitrust primarily employed against monopolies to increase competition for the benefit of consumers, or is it actually a vehicle that firms use against their rivals to restrict the competitive process? This book examines these and other questions confronting high-technology markets.
Contains 625 alphabetically arranged entries that examine various aspects of criminal justice in the U.S., covering criminals, codes and categories of law, law enforcement agencies, courts, corrections, the U.S. Constitution, and Supreme Court rulings. Includes a time line, personages and subject indexes, and other reference materials.