Conceptual Foundations of Antitrust

Conceptual Foundations of Antitrust
Title Conceptual Foundations of Antitrust PDF eBook
Author Oliver Black
Publisher Cambridge University Press
Pages 232
Release 2005-11-03
Genre Law
ISBN 1139448080

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This is a philosophical study of concepts that lie at the foundation of antitrust - a body of law and policy designed to promote or protect economic competition. Topics covered are: the nature of competition; the relation between competition and welfare; the distinction between per se rules and rules of reason; agreements; concerted practices; and the spectrum from independent action to collusion. Although there are many legal and economic books on antitrust, this is the first book devoted to the philosophical scrutiny of the concepts that underpin it. No prior knowledge of philosophy is presupposed. The book is primarily directed at students, theorists and practitioners of antitrust, but will also be useful to lawyers, economists, philosophers, political scientists and others who have an interest in the discipline.

The Antitrust Paradigm

The Antitrust Paradigm
Title The Antitrust Paradigm PDF eBook
Author Jonathan B. Baker
Publisher Harvard University Press
Pages 369
Release 2019-05-06
Genre Law
ISBN 0674975782

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A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.

Conceptual Foundations of Competition Law in India

Conceptual Foundations of Competition Law in India
Title Conceptual Foundations of Competition Law in India PDF eBook
Author Vasanth Adithya. J
Publisher Notion Press
Pages 162
Release 2021-01-30
Genre Law
ISBN 1649838980

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The liberalization of the Indian economy opened the market to foreign players, creating the need for legislation to regulate the competitive environment and prevent anti-competitive practices of undertakings that would have an impact on markets. Thus, the Competition Act, 2002 was enacted, repealing the erstwhile Monopolies and Restrictive Trade Practices Act, 1969, which had become archaic and did not suit the present needs. “Conceptual Foundations of Competition Law in India” is a succinct text on the Competition Act, 2002. It encapsulates the legal provisions pertaining to cartels, abuse of dominance and combination regulation along with relevant case law in India. It provides a comparative analysis of competition law or anti-trust law in various jurisdictions, including the U.S. and the E.U. This book is a ready reckoner for corporate lawyers, students as well member of the business community in whose interest the law has been enacted.

The Conceptual Foundations of Quantum Mechanics

The Conceptual Foundations of Quantum Mechanics
Title The Conceptual Foundations of Quantum Mechanics PDF eBook
Author Jeffrey A. Barrett
Publisher Oxford University Press, USA
Pages 268
Release 2020-01-02
Genre Philosophy
ISBN 0198844689

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"The book starts with a description of classical mechanics then discusses the quantum phenomena that require us to give up our commonsense classical intuitions. We consider the physical and conceptual arguments that led to the standard von Neumann-Dirac formulation of quantum mechanics and how the standard theory explains quantum phenomena. This includes a discussion of how the theory's two dynamical laws work with the standard interpretation of states to explain determinate measurement records, quantum statistics, interference effects, entanglement, decoherence, and quantum nonlocality. A careful understanding of how the standard theory works ultimately leads to the quantum measurement problem. We consider how the measurement problem threatens the logical consistency of the standard theory then turn to a discussion of the main proposals for resolving it. This includes collapse formulations of quantum mechanics like Wigner's extension of the standard theory and the GRW approach and no-collapse formulations like pure wave mechanics, the various many-worlds theories, and Bohmian mechanics. In discussing alternative formulations of quantum mechanics we pay particular attention to the explanatory role played by each theory's empirical ontology and associated metaphysical commitments and the conceptual trade-offs between theoretical options"--

Capitalism and Commerce

Capitalism and Commerce
Title Capitalism and Commerce PDF eBook
Author Edward Wayne Younkins
Publisher Lexington Books
Pages 386
Release 2002
Genre Business & Economics
ISBN 9780739103814

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In Capitalism and Commerce, Edward Younkins provides a clear and accessible introduction to the best moral and economic arguments for capitalism. Drawn from over a decade of business school teaching, Younkins's work offers the student of political economy and the educated layperson a clear, systematic treatment of the philosophical concepts that underpin the idea of capitalism and the business, legal, and political institutions that impact commercial enterprises. Divided into seven parts, the work discusses capitalism and morality; individuals, communities, and the role of the state; private and corporate ownership; entrepreneurship and technological progress; law, justice, and corporate governance; and the obstacles to a free market and limited government.

Private Power, Online Information Flows and EU Law

Private Power, Online Information Flows and EU Law
Title Private Power, Online Information Flows and EU Law PDF eBook
Author Angela Daly
Publisher Bloomsbury Publishing
Pages 179
Release 2016-12-01
Genre Law
ISBN 1509900640

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This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.

Public Procurement and the EU Competition Rules

Public Procurement and the EU Competition Rules
Title Public Procurement and the EU Competition Rules PDF eBook
Author Albert Sánchez Graells
Publisher Bloomsbury Publishing
Pages 1044
Release 2015-06-25
Genre Law
ISBN 1509900284

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Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.