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In many economic sectors – the digital industries being first and foremost – the market power of dominant firms has been steadily increasing and is rarely challenged by competitors. Existing competition laws and regulations have been unable to make markets more contestable. The book argues that a new competition tool is needed: market investigations. This tool allows authorities to intervene in markets which do not function as they should, due to market features such as network effects, scale economies, switching costs, and behavioural biases. The book explains the role of market investigations, assesses their use in the few jurisdictions where they exist, and discusses how they should be designed. In so doing, it provides an invaluable and timely instrument to both practitioners and academics.
Increased concentration and rising market power require new rules. Market investigations are necessary to complement existing regulations.
At a time when Congressional investigations have taken on added importance and urgency in American politics, this book offers readers a rare, insider’s portrait of the world of US Congressional oversight. It examines specific oversight investigations into multiple financial and offshore tax scandals over fifteen years, from 1999 to 2014, when Senator Levin served in a leadership role on the US Senate Permanent Subcommittee on Investigations (PSI), the Senate’s premier investigative body. Despite mounting levels of partisanship, dysfunction, and cynicism swirling through Congress during those years, this book describes how Congressional oversight investigations can be a powerful tool for uncovering facts, building bipartisan consensus, and fostering change, offering detailed case histories as proof. Grounded in fact, and written as only an insider could tell it, this book will be of interest to financial and tax practitioners, policymakers, academics, students, and the general public.
This online course will give you insights into important compliance topics.
This book examines the legal and policy issues surrounding congressional investigations through a series of case studies, with an emphasis on the second half of the twentieth century to date. The new and updated second edition covers significant developments from the Obama and Trump administrations, including the two Trump impeachments, the January 6 Committee investigation of the 2021 insurrection at the U.S. Capitol, and recent Supreme Court decisions on congressional investigative powers. The book is organized by case study topic, with each chapter using two or three case studies to introduce and analyze a discrete area of legal authorities and policy issues. The central thesis and organizing principle of the book is the importance of effective congressional oversight and investigative activities in our American democratic system of government, especially in the aftermath of the disputed 2020 presidential election. In addition to collecting legal authorities, the book includes relevant historical information and structural analysis of government functions, with an emphasis on separation of powers issues. The use of a case study format, rather than a traditional law school casebook format, is intended to present the subject matter in a way that can be used to teach undergraduate and graduate school courses as well as law school courses. The authors combine original congressional and judicial source materials with book excerpts and explanatory text, as well as notes and questions for each case study, to make the subject matter accessible to graduate and upper-level undergraduate students in government and political science courses, as well as to law students.
Slicing through blunt theories of supply and demand, Callon presents a rigorously researched but counterintuitive model of how everyday market activity gets produced. If you’re convinced you know what a market is, think again. In his long-awaited study, French sociologist and engineer Michel Callon takes us to the heart of markets, to the unsung processes that allow innovations to become robust products and services. Markets in the Making begins with the observation that stable commercial transactions are more enigmatic, more elusive, and more involved than previously described by economic theory. Slicing through blunt theories of supply and demand, Callon presents a rigorously researched but counterintuitive model of market activity that emphasizes what people designing products or launching startups soon discover—the inherent difficulties of connecting individuals to things. Callon’s model is founded upon the notion of “singularization,” the premise that goods and services must adapt and be adapted to the local milieu of every individual whose life they enter. Person by person, thing by thing, Callon demonstrates that for ordinary economic transactions to emerge en masse, singular connections must be made. Pushing us to see markets as more than abstract interfaces where pools of anonymous buyers and sellers meet, Callon draws our attention to the exhaustively creative practices that market professionals continuously devise to entangle people and things. Markets in the Making exemplifies how prototypes, fragile curiosities that have only just been imagined, are gradually honed into predictable objects and practices. Once these are active enough to create a desired effect, yet passive enough to be transferred from one place to another without disruption, they will have successfully achieved the status of “goods” or “services.” The output of this more ample process of innovation, as redefined by Callon, is what we recognize as “the market”—commercial activity, at scale. The capstone of an influential research career at the forefront of science and technology studies, Markets in the Making coherently integrates the empirical perspective of product engineering with the values of the social sciences. After masterfully redescribing how markets are made, Callon culminates with a strong empirical argument for why markets can and should be harnessed to enact social change. His is a theory of markets that serves social critique.
Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the EU and UK, including topics such as enforcement, abuse of dominance, anti-competitive agreements, cartels, mergers, and market investigations. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy to follow overview of the subject for course use. The fifth edition provides a full update for this well-established title, presenting and contextualising the impact of key cases, as well as changes to enforcement practice, and at a legislative and institutional level. There are new, separate chapters in this edition on private enforcement and UK market investigations to reflect the increasing significance of these key areas of competition law practice. Competition Law and Policy in the EU and UK integrates useful pedagogical features to help clarify topics and reinforce important points: chapter overviews and summaries highlight the key points to take away from each chapter to structure student learning discussion questions facilitate self-testing and seminar discussions of the major issues covered in each chapter, to help reinforce understanding of these topics further reading lists additional resources in order to guide research and develop subject knowledge a new glossary provides succinct explanations of competition law terminology, ideal for those studying the topic for the first time Clear, focused and student-friendly, this title offers a comprehensive resource for students taking competition law courses, and is supported online by updates to the law offered on Angus MacCulloch’s blog, Who’s Competing (http://whoscompeting.wordpress.com/).
It has long been thought that fairness in European Consumer Law would be achieved by relying on information as a remedy and expecting the average consumer to keep businesses in check by voting with their feet. This monograph argues that the way consumer law operates today promises a lot but does not deliver enough. It struggles to avoid harm being caused to consumers and it struggles to repair the harm after the event. To achieve fairness, solutions need to be found elsewhere. Consumer Theories of Harm offers an alternative model to assess where and how consumer detriment may occur and solutions to prevent it. It shows that a more confident use of economic theory will allow practitioners to demonstrate how a poor standard of professional diligence lies at the heart of consumer harm. The book provides both theoretical and practical examples of how to combine existing law with economic theory to improve case outcomes. The book shows how public enforcers can move beyond the dominant transparency paradigm to an approach where firms have a positive duty to treat consumers fairly and shape their commercial offers in a way that prevents consumers from making mistakes. Over time, this 'fairness-by-design' approach will emerge as the only acceptable way to compete.