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The thesis presents a comprehensive and cross-sectional discussion of buyer power to determine the legal regulation of buyer conducts under EU competition law. It focuses on four main research areas: understanding buyer power; analysing the legal treatment given to the exertion of anticompetitive buyer power under EU competition law; exploring theories of harm applicable to buyer power abuse, and ascertaining the welfare standard employed for buyer power cases.
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.
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.
In this book, ten prominent authors offer eleven contributions that provide their varying perspectives on the subject of consumer choice in the EU, Member States, and in the US. Various aspects of consumer choice are covered, such as the concept of freedom of choice in the application of EU competition law; the antitrust enforcement application of consumer choice by agencies; the historical origin of consumer choice as a concept grounded in German ordoliberalism; the economic approach adopted as well as the use of consumer welfare and consumer choice in EU competition law to reconcile it with intellectual property law; consumer choice as a mean to facilitate convergence between US antitrust law and EU competition law, etc. This volume offers readers an exhaustive and multifaceted discussion of the crucial concept of consumer choice and its relevance for modern competition law.
Examines dilemmas surrounding antitrust law and public and private power and the ways in which these problems have been addressed by legislatures and courts in the US and in Europe. Offers sometimes controversial observations on the history and doctrines of antitrust law, and conclusions as to how successfully the dilemma is being managed by the economies of the US and Europe. Amato is head of the Italian Antitrust Authority, a professor of law at the European University Institute in Florence, Italy, and a former Prime Minister of Italy. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.
The trend of retail concentration across the European Union has raised concerns on the buyer power that retailers may have in the relation with their suppliers. Following calls that the changing nature of competition demands a change in EU competition policy, this book investigates whether there is a 'gap' in current EU competition law concerning the potential harmful effects of buyer power from an economic efficiency perspective. Using a Law and Economics approach, the book identifies the potential concerns and assesses whether they can be addressed under the existing rules. While some critical comments are in place with regard to the consumer welfare standard that is applied, the book's analysis does not indicate that the current substantive legal framework of EU competition law is unfit to address the (potential) harmful effects of buyer power. *** Librarians: ebook available on ProQuest and EBSCO [Subject: EU Law, Competition Law, Commercial Law, Trade Law, Law and Economics]
In this text, experts in the field of retail examine the effects of the contemporary growth in concentration in the European food retailing sector. In particular, the book develops a number of buyer power propositions and builds on the previous work of several of the authors, to consider how the growth of large supermarket chains affects competition in food retailing. The authors outline the theoretical and policy analysis underpinning the work and assess evidence on the size and growth of supermarket chains across the EU. Whilst not entirely critical, they suggest that there is strong evidence in some countries that supermarkets use their buying power to impose unfair terms and conditions on suppliers, particularly affecting small suppliers. The authors use case studies to provide in-depth analysis of four European countries, namely France, Germany, Spain and the UK. The book ends with a discussion of policy issues against a backdrop of likely future trends in concentration in this area.
The consensus is clear - climate change is the defining challenge of our time. Meeting this challenge requires a collaborative and inclusive response from all segments of society - including private businesses. What role then for competition law and policy? This important and timely book gathers academics, enforcers, economists, lawyers, and industry representatives to explore the applications and limitations of EU competition law in achieving environmental sustainability aims in line with the European Commission's Green Deal as well as the UN's Sustainable Development Goals. They identify the challenges of integrating environmental considerations into competition analysis presented by the existing framework, whether through cooperation by businesses, practices by dominant companies, or consideration of sustainability efficiencies in merger assessments. Practical examples across various sectors are also provided, alongside agency views from different jurisdictions, to illustrate how competition policy can facilitate a sustainable economy.
This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.