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Showing results 1 - 25 of 184 for "antitrust"

The Antitrust Revolution: Economics, Competition, and Policy
The Antitrust Revolution: Economics, Competition, and Policy
he Antitrust Revolution: Economics, Competition, and Policy, Fifth Edition, examines the critical role of economic analysis in recent antitrust case decisions and policy. The book consists of economic studies of twenty-one of the most significant antitrust cases of recent years, twelve of them new to this edition and nine updated from the fourth edition. These cases include alleged anticompetitive practices by Visa and MasterCard, Microsoft, and Kodak; mergers--proposed or consummated--by Staples and Office Depot, PSEG and Exelon, EchoStar and DirecTV, and Heinz and Beech-Nut; and other competitive issues such as predatory pricing in the airline industry, "reverse-payments" in settlements of patent litigation, the use of bundled rebates by dominant firms, exclusive dealing, and retailer-instigated restraints on supplier sales. New overview essays precede the four sections of the book: Horizontal Structure; Horizontal Practices; Vertical and Related Market Issues; and Network Issues. Commissioned and edited by John E. Kwoka, Jr., and Lawrence J. White, the case studies are written by prominent economists who participated in the proceedings. These economists were responsible for helping to formulate the economic issues, undertake the necessary research, and offer arguments in court. As a result, they are uniquely qualified to describe and analyze the cases. Fully updated with the most current examples, this volume provides detailed and comprehensive insight into the central role that is now played and will continue to be played by economists in the antitrust process. The Antitrust Revolution, Fifth Edition, is ideal for undergraduate and graduate classes in industrial organization, government policy, and antitrust/regulation law and economics. It is also a useful reference book for lawyers and economists-both academics and practitioners-who are interested in the types of economic analyses that have been applied in recent antitrust cases. A companion website featuring cases from the previous four editions is available at www.oup.com/us/antitrustrevolution.
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Antitrust Consent Decrees in Theory and Practice: Why Less Is More
Antitrust Consent Decrees in Theory and Practice: Why Less Is More
For over one hundred years, the antitrust consent decree has been a major weapon in the federal enforcement of antitrust laws. In Antitrust Consent Decrees in Theory and Practice, Richard A. Epstein undertakes the first systematic study of their use and effectiveness from both a historical and analytical perspective. Epstein observes how differences in antitrust philosophy can shape the kinds of comprehensive settlements that the government will seek and the courts will grant. Epstein takes issue with aggressive antitrust enforcement strategies that seek to use government power to fundamentally alter industry structures or the business practices of regulated firms, in some instances leading to their breakup. To explain the perils of that approach, Epstein carefully examines the history of consent decree litigation, culminating in detailed studies of the AT&T breakup and the government antitrust actions against Microsoft. Applying modern theories of antitrust analysis, Epstein's central thesis is that bold antitrust remedies that are not tightly tied to a defensible theory of wrongful conduct often prove counterproductive. Such measures typically force firms to adopt business practices and structural reorganizations that substantially impede their ability to compete effectively in the marketplace. The disparate fates of AT&T and Microsoft are the result of a major and fruitful shift in thinking about the use and limits on the antitrust laws in a wide variety of industrial contexts. Antitrust Consent Decrees in Theory and Practice will be of interest to any reader who is concerned with the larger implications of the government regulation of law and business. Epstein brings nearly forty years of personal knowledge and experience to this matter. Written in a clear and nontechnical style, this book should prove an invaluable resource to any student of regulation and economic policy, as well as lawyers and policymakers concerned with antitrust litigation.
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Antitrust Paradox
Antitrust Paradox
This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1885. Not illustrated. Excerpt: ... A FAVORABLE JUNCTURE. 57 red, was preparing to join the colony; and it introd. was estimated by Jean de Léry, that ten thou- 1562. sand French Protestants would soon have crossed the ocean to Brazil.1 The baseness of one man had ruined the scheme which promised so much for France and for America. But there were others in the Protestant ranks, tried and trusted leaders, who stood ready fora second venture, upon Coligny's bidding; and the harbors of Bretagne and Normandy swarmed with men as ready to follow. The times also, if not brighter, were more opportune. The Huguenots, as they now began to be called, had become a recognized power in the land; with two princes of the blood--Antoine, king of Navarre, and his brother, Louis, prince of Condé--at their head. There was a lull in the storm of persecution. Nearly thirty-seven years had passed since Jean Leclerc, the first conpicuous martyr of the Reformation in France, 1 " Car quoy qu' aucuns disent, veu le peu de temps que ces choses ont duré, & que n'y estoit à present non plus de nouvelle de vraye Religion que de nom de François pour y habiter, qu'on n'en doit faire estime: nonobstant telles allegations, ce que j'ay dit ne laisse pas de demeurer tousiours tellement vray, que tout ainsi que l'Evangile du fils de Dieu a esté de nos jours annoncé en ceste quarte partie du monde dite Amerique, aussi est-il très certain si l' affaire eust esté aussi bien poursuivi qu'il avoit esté heureusement commencé, que l' un & l' autre Regne spirituel & temporel, y avoyent si bien prins pied de nostre temps, que plus de dix mille personnes de la nation Francoise y seroient maintenant en aussi plein & seure possession pour nostre Roy, que les Espagnols y sont au nom de leurs."...
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Antitrust in Germany and Japan: The First Half-Century, 1947-1998 (Asian Law Series)
Antitrust in Germany and Japan: The First Half-Century, 1947-1998 (Asian Law Series)
"Antitrust in Germany and Japan" presents an innovative, comparative analysis of the development and enforcement of two antitrust regimes, illustrating how each was shaped by American occupation strategies and policies following World War II. First imposed in 1947, the antitrust controls in Germany and Japan were the world's first outside the United States. Those enacted in Japan continue in force, whereas in Germany, following a decade of debate, the occupation legislation was superseded in 1975 by the Law Against Restraints of Competition. This study explores the ironies and errors that led to the enactment of the German and Japanese statutes and emphasizes the unexpected degree of convergence that has occurred during the past fifty years through amendment and practice. It compares in detail the institutional structure and processes for the enforcement of antitrust controls as well as the system of remedies and sanctions available under each statute. It notes the debates in Germany and Japan over the effectiveness of statutes, particularly the still timely debate in 1970s Germany over a proposal for criminal sanctions. "Antitrust in Germany and Japan" reveals many unexpected and controversial similarities between the two antitrust regimes and demonstrates the extent to which American policy toward Germany determined American policy in Japan not only during presurrender planning but also throughout the occupation. It also challenges the prevailing view of the relative strength of antitrust controls in Germany relative to the weakness of antitrust in Japan. This book will be of interest to corporate lawyers as well as to legal historians and scholars of political economy.
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Antitrust Policy And Vertical Restraints (AEI-Brookings Joint Center for Regulatory Studies)
Antitrust Policy And Vertical Restraints (AEI-Brookings Joint Center for Regulatory Studies)
Antitrust law is intended to protect consumer welfare and foster competition. At first glance, however, it is often unclear whether certain business practices have positive or detrimental effects. Some activities that appear anticompetitive can actually prove beneficial to consumers. In Antitrust Policy and Vertical Restraints leading law and economics scholars take a hard look at how vertical restraints limit the conditions under which firms may purchase, sell, or resell a good or service. Vertical restraints can be defined as any arrangement between firms operating at different levels of the manufacturing or distribution chain that restricts the conditions under which such firms may purchase, sell or resell. Business tying and bundling practices, as one example, often come under scrutiny for depriving consumers of choice and driving up prices. In practice, however, bundling can lower costs and increase convenience. In order to formulate efficient policy, we must be able to identify and limit those practices that are likely to do more harm than good. It is critical that policymakers and analysts know which vertical restraints are likely to harm consumers more than they benefit competition. The authors, representing both sides of the debate over tying practices, provide a broad and informed perspective on this important issue. Contributors: Dennis Carlton (University of Chicago), David Evans (University College London), Bruce Kobayashi (George Mason University), and Michael Waldman (Cornell University).
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Economics in Antitrust Policy: Freedom to Compete vs. Freedom to Contract
Economics in Antitrust Policy: Freedom to Compete vs. Freedom to Contract
In the field of antitrust, the freedoms to contract and compete can and do contradict. Profit-maximizing companies desire perfectly competitive input markets to minimize their costs, but want monopolistic markets for their outputs to maximize their profits. Consequently, they have strong incentives to undermine competition in their output markets. In a world without antitrust laws, many companies would thus eliminate competition by using their freedom to contract, either by entering into legally enforceable agreements which fix prices or divide up markets, or by merging and acquiring rivals to gain market control. Therefore, guaranteeing and safeguarding companies' abilities to compete comes at the cost of restricting their freedoms to contract. The states role in this task is a delicate one though: government intervention itself necessarily limits the economic freedom of individuals and firms, and limiting the freedom of contract has potentially detrimental effects on economic activity as well. Hence, antitrust policy must find the right balance between the two freedoms of competition and contract, allowing competition to flourish while upholding the contractual freedoms necessary for a functioning market. The policies in the U.S. and Europe used to protect competition with per se rules, setting clear boundaries for the freedom to contract where it interfered with the freedom to compete. Over the past decades, improvements in economic analysis provided measurable dimensions for 'competition' through measures like efficiency and welfare. With these new and complex economic tools, the aim of an antitrust policy moved away from an 'indirect' mechanism which provided and enforced a strict framework of negative per se rules within which the competitive process was allowed to happen. The current policies directly aim at promoting welfare by attempting to 'balance' the welfare effects of individual business practices, permitting contracts or mergers with benign effects and prohibiting contracts with detrimental effects on welfare in potentially every case. These economic insights have promoted a better understanding of the competitive process and contributed to improved antitrust rules. However, in the actual enforcement of antitrust laws, recent developments caused by the influence of economic analysis have had a detrimental impact on antitrust policy in both the U.S. and the EU. First, it increased the discretion of competition authorities, lowering legal certainty for companies and increasing the potential for wrong decisions. Second, it gave companies incentives to waste resources on rent seeking activities by using economic analyses to demonstrate efficiencies in complicated and timely investigations and litigation. And third, the predominant use of economic analysis has massively increased the costs of enforcement. This thesis is the first one to depict these negative effects caused by recent developments and shows that a policy with clear limitations through proposed per se rules would be superior for it would eliminate the illustrated negative effects.
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