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Offering a unique cross-disciplinary approach to scholarship in law and economics, this much-needed work expounds and critically evaluates all of the major doctrines of Canadian competition policy. The topics addressed, each in a separate chapter, include: Canadian competition policy in an historical context; basic economic concepts; multi-firm conduct; horizontal agreements; the merger review process; predatory pricing and price discrimination; vertical restraints; intra-brand competition; inter-brand competition; abuse of dominance; competition policy and intellectual property rights; competition policy and trade policy; competition policy and regulated industries; and enforcement. The treatment of each substantive topic is organized first around a discussion of the relevant body (or bodies) of economic theory and then the pertinent bodies of legal doctrine, including case law. Each chapter contains a critique of existing law in light of contemporary economic theory. This is the only book available that offers an up-to-date integrated analysis of economic theory and legal doctrine in the context of Canadian competition policy.
Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.
This paper examines the relationship between competition policy and wider economic policy objectives relating to industrial restructuring and international competitiveness. While the primary focus is on Canada, the paper also discusses the competition law and policy regimes of other major industrialized economies. In addition to existing policies, the paper considers a number of issues relating to the future role of competition policy in the globalizing economy of the 1990s. The paper has seven parts: competition policy in a globalizing era; key features of competition policy in Canada; the links between competition policy and other economic policies; competition policy in foreign jurisdictions; and, issues relating to the future evolution of competition policy in Canada.
This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the .economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more .economic approach' has led to a modernisation of competition law throughout the world. This book comprehensivelyexamines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economicsin the field of competition will also find this book invaluable.
From the Foreword: Despite the longevity and importance of competition policy, there has been no comprehensive study of its objectives. Hence this work by Gorecki and Stanbury fills a gap in our understanding of how the objectives of a public policy are adapted to changes in the economy, shifts in political priorities, new developments in theory, and refinements in judicial decision making.
This publication includes eight papers which address the following issues: the beginning of Canadian competitions policy, 1888-1900; the administration and enforcement of competitions policy in Canada, 1889 to 1952; Canadian competition law reform, 1919 and 1935; the history of price maintenance legislation in Canada; the evolution of legislation, adjudication and administration; the case of the Competition Act; a comparison of Canada's competitive environment in 1889 and 1989; and 1889-1989 and into the twenty-first century.