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In What Money Can't Buy, renowned political philosopher Michael J. Sandel rethinks the role that markets and money should play in our society. Should we pay children to read books or to get good grades? Should we put a price on human life to decide how much pollution to allow? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars, outsourcing inmates to for-profit prisons, auctioning admission to elite universities, or selling citizenship to immigrants willing to pay? In his New York Times bestseller What Money Can't Buy, Michael J. Sandel takes up one of the biggest ethical questions of our time: Isn't there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? Over recent decades, market values have crowded out nonmarket norms in almost every aspect of life. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. In Justice, an international bestseller, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes a debate that's been missing in our market-driven age: What is the proper role of markets in a democratic society, and how can we protect the moral and civic goods that markets do not honor and money cannot buy?
This thesis takes an interest in how values attain a specific meaning in market reforms of welfare provision. The study builds on exploring how values are enacted rather than treating them as universal and stable. The aim of the thesis is to contribute conceptually to the understanding of how market-making activities in the welfare state bureaucracy handle the values at play in welfare reform. The empirical case is the governance of a so-called care choice system in a Swedish county council. The methodology for the study is “shadowing” of public officials working to formulate a so-called rulebook for care centres. The analysis describes how these officials handle a variety of values when designing the rulebook. How they choose to organize their work – the methods used to collect data about care centre performance, what governance tools they employ, how they arrange their work roles, and how they construct the rulebook – leads to value shifts and determines the meaning of values in practice. The officials’ work practice is political in the sense that it actively shapes the values enacted in the care choice reform. Therefore, it is of great importance to spur a broader debate about the organization of such governance practices, while there is a need to problematize simplistic images of what market reforms of welfare entails in practice. The thesis proposes that an “ecological” – i.e. a situated, reflexive, and malleable – approach to handling of contending values may contribute to such debates.
A robust, exhaustive, and systematic legal analysis of the conflicts opposing integration of internal market and free competition rules with the environmental protection rules, including climate change rules, taken at an EU and national level.
With the rise of digital platforms and the natural tendency of markets involving platforms to become concentrated, competition authorities and courts are more frequently in a position to investigate and decide merger and abuse cases that involve platforms. This report provides guidance on how to define markets and on how to assess market power when dealing with two-sided platforms. DEFINITION Competition authorities and courts are well advised to uniformly use a multi-markets approach when defining markets in the context of two-sided platforms. The multi-markets approach is the more flexible instrument compared to the competing single-market approach that defines a single market for both sides of a platform, as the former naturally accounts for different substitution possibilities by the user groups on the two sides of the platform. While one might think of conditions under which a single-market approach could be feasible, the necessary conditions are so severe that it would only be applicable under rare circumstances. To fully appreciate business activities in platform markets from a competition law point of view, and to do justice to competition law’s purpose, which is to protect consumer welfare, the legal concept of a “market” should not be interpreted as requiring a price to be paid by one party to the other. It is not sufficient to consider the activities on the “unpaid side” of the platform only indirectly by way of including them in the competition law analysis of the “paid side” of the platform. Such an approach would exclude certain activities and ensuing positive or negative effects on consumer welfare altogether from the radar of competition law. Instead, competition practice should recognize straightforwardly that there can be “markets” for products offered free of charge, i.e. without monetary consideration by those who receive the product. ASSESSMENT The application of competition law often requires an assessment of market power. Using market shares as indicators of market power, in addition to all the difficulties in standard markets, raises further issues for two-sided platforms. When calculating revenue shares, the only reasonable option is to use the sum of revenues on all sides of the platform. Then, such shares should not be interpreted as market shares as they are aggregated over two interdependent markets. Large revenue shares appear to be a meaningful indicator of market power if all undertakings under consideration serve the same sides. However, they are often not meaningful if undertakings active in the relevant markets follow different business models. Given potentially strong cross-group external effects, market shares are less apt in the context of two-sided platforms to indicate market power (or the lack of it). Barriers to entry are at the core of persistent market power and, thus, the entrenchment of incumbent platforms. They deserve careful examination by competition authorities. Barriers to entry may arise due to users’ coordination failure in the presence of network effect. On two-sided platforms, users on both sides of the market have to coordinate their expectations. Barriers to entry are more likely to be present if an industry does not attract new users and if it does not undergo major technological change. Switching costs and network effects may go hand in hand: consumer switching costs sometimes depend on the number of platform users and, in this case, barriers to entry from consumer switching costs increase with platform size. Since market power is related to barriers to entry, the absence of entry attempts may be seen as an indication of market power. However, entry threats may arise from firms offering quite different services, as long as they provide a new home for users’ attention and needs.
Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.
In this engaging treatise, respected author Daniel Crane presents an approach to antitrust law that allows students to have a strategic mindset in their course. Antitrust is a concise student treatise that includes the basics of the microeconomic foundations on which modern antitrust doctrine is built. Many students stumble trying to disentangle economic theory from doctrine, and this treatise expertly blends the two, clearly and concisely defining the terms and basic concepts that all students need to know. Antitrust is an indispensable reference that features a comprehensive overview of the major antitrust statutes, including Sherman, Clayton, FTC, Robinson-Patman, and Hart-Scott-Rodino Acts. Topics include substantive operation, antitrust immunities, and questions of standing and jurisdiction as well as nontechnical explanations of economic theories for students without an economics background. New to the Second Edition: New chapter on defining anticompetitive effects Comprehensive analysis of 2023 Merger Guidelines and contemporary merger principles Updates on developments in key doctrinal areas, including rule of reason analysis, market definition, and exclusionary conduct Professors and students will benefit from: Analysis of major recent antitrust decisions, including NCAA v. Alston, Ohio v. American Express, and AT&T/Time Warner Expanded glossary on key economic and legal concepts Orientation on how to triage and analyze antitrust problems, such as distinctions between unilateral and coordinated behavior and vertical and horizontal arrangements
Contributing to a convergence of legal and economic approaches, The Economics of Antitrust and Regulation in Telecommunications integrates economic theory into current EU antitrust policy within the sector. The book addresses the role of competition and regulatory policies on a number of key issues in telecommunications, such as market definition, collective dominance, access to networks, and allocation of scarce resources.
Merger Control is your comprehensive guide to this complex and fast evolving area, providing crucial insight into merger control regimes worldwide. Throughout this edition, and following the unique Getting the Deal Through format, the same key questions are answered by leading practitioners in each of the 71 jurisdictions featured. Edited by John Davies of Freshfields Bruckhaus Deringer, Merger Control provides in-depth comparative study of the topic from the perspective of leading experts in 71 jurisdictions and also features editorial chapters covering COMESA; the ICN in 2016-2017; recent economic applications in EU merger control: UPP and beyond; and the growing document burden: coordinating discovery in cross-border merger reviews. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.