The Antitrust Paradigm

The Antitrust Paradigm
Available:
Author: Jonathan B. Baker
Pages: 310
ISBN: 9780674975781
Release: 2019-05-06
Editor: Harvard University Press

DESCRIPTION OF THE BOOK:

At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and 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.

The Antitrust Paradigm

The Antitrust Paradigm
Available:
Author: Jonathan B. Baker
Pages: 310
ISBN: 9780674238954
Release: 2019-05-06
Editor: Harvard University Press

DESCRIPTION OF THE BOOK:

At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and 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.

The Antitrust Paradigm

The Antitrust Paradigm
Available:
Author: Jonathan B. Baker
Pages: 349
ISBN: 0674238966
Release: 2019
Editor: Unknown

DESCRIPTION OF THE BOOK:

In the 1970s, when the United States economy was struggling and the term "stagflation" was coined to capture inflation plus stagnant business growth, the "Chicago school" critique of antitrust rules gained ascendance. In the 1980s, during Ronald Reagan's two terms as president, that critique's policy prescriptions-the eliminating of or modifying anticompetitive rules to make them less restrictive-became common practice. As Jonathan Baker writes, "The Chicago approach to antitrust can be understood as a gamble. More relaxed antitrust rules would allow firms to achieve greater efficiencies, which would more than compensate for any risk of firms exercising market power. Put differently, the Chicagoans bet that antitrust reform could achieve long term consumer welfare gains without facilitating the creation of substantial and durable market power." The Antitrust Paradigm presents a wealth of evidence arguing that the Chicagoans lost their bet, and prescribes what should be done about it. Since the 1980s, not only has market power widened, economic productivity decline, and consumer welfare gains been modest at best, but also the economy has changed, most visibly in the information technology and Internet giants that top the financial market's valuation charts. Baker argues that both the failures of antitrust reform and the changed economy demand a new antitrust paradigm, one that restores a competitive economy through strengthened antitrust, recognizes antitrust's political context, and identifies the competitive harms from dominant information technology platforms. His book frames the problem, examines the distinctive competitive problems of the information economy, and concludes with a guide for restoring effective antitrust policies.--

Handbook of Antitrust Economics

Handbook of Antitrust Economics
Available:
Author: Paolo Buccirossi
Pages: 687
ISBN: UOM:39015077605528
Release: 2008
Editor: Mit Press

DESCRIPTION OF THE BOOK:

Experts examine the application of economic theory to antitrust issues in both the United States and Europe, discussing mergers, agreements, abuses of dominance, and the impact of market features. Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist's view of the subject, describing the application of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. (The book uses the U.S. term "antitrust law" and the European "competition law" interchangeably, emphasizing the commonalities between the two jurisdictions.) After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance (or unilateral conducts), and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to "bidding markets," network industries, and two-sided markets. Contributors Mark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paulo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrick Röller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Vergé, Vincent Verouden, John Vickers, Gregory J. Werden

Competition Policy and Price Fixing

Competition Policy and Price Fixing
Available:
Author: Louis Kaplow
Pages: 512
ISBN: 9781400846078
Release: 2013-06-30
Editor: Princeton University Press

DESCRIPTION OF THE BOOK:

Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes price fixing, and prevalent understandings conflict with the teachings of oligopoly theory that supposedly underlie modern competition policy. Competition Policy and Price Fixing provides the needed analytical foundation. It offers a fresh, in-depth exploration of competition law's horizontal agreement requirement, presents a systematic analysis of how best to address the problem of coordinated oligopolistic price elevation, and compares the resulting direct approach to the orthodox prohibition. In doing so, Louis Kaplow elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, Kaplow shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, he explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior--and is also easier to apply.

Global Competition

Global Competition
Available:
Author: David Gerber
Pages: 416
ISBN: 9780199652006
Release: 2012-01-26
Editor: Oxford University Press

DESCRIPTION OF THE BOOK:

A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.

The Antitrust Paradox

The Antitrust Paradox
Available:
Author: Robert Bork
Pages: 536
ISBN: 1736089714
Release: 2021-02-22
Editor: Unknown

DESCRIPTION OF THE BOOK:

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

The Microsoft Antitrust Cases

The Microsoft Antitrust Cases
Available:
Author: Andrew I. Gavil,Harry First
Pages: 460
ISBN: 9780262319225
Release: 2014-11-28
Editor: MIT Press

DESCRIPTION OF THE BOOK:

A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.

The Antitrust Revolution

The Antitrust Revolution
Available:
Author: John E. Kwoka,Lawrence J. White
Pages: 468
ISBN: STANFORD:36105017083457
Release: 1994
Editor: Harpercollins College Division

DESCRIPTION OF THE BOOK:

The Myth of Capitalism

The Myth of Capitalism
Available:
Author: Jonathan Tepper
Pages: 320
ISBN: 9781119548140
Release: 2018-11-20
Editor: John Wiley & Sons

DESCRIPTION OF THE BOOK:

The Myth of Capitalism tells the story of how America has gone from an open, competitive marketplace to an economy where a few very powerful companies dominate key industries that affect our daily lives. Digital monopolies like Google, Facebook and Amazon act as gatekeepers to the digital world. Amazon is capturing almost all online shopping dollars. We have the illusion of choice, but for most critical decisions, we have only one or two companies, when it comes to high speed Internet, health insurance, medical care, mortgage title insurance, social networks, Internet searches, or even consumer goods like toothpaste. Every day, the average American transfers a little of their pay check to monopolists and oligopolists. The solution is vigorous anti-trust enforcement to return America to a period where competition created higher economic growth, more jobs, higher wages and a level playing field for all. The Myth of Capitalism is the story of industrial concentration, but it matters to everyone, because the stakes could not be higher. It tackles the big questions of: why is the US becoming a more unequal society, why is economic growth anemic despite trillions of dollars of federal debt and money printing, why the number of start-ups has declined, and why are workers losing out.

Antitrust Law in the New Economy

Antitrust Law in the New Economy
Available:
Author: Mark R. Patterson
Pages: 317
ISBN: 9780674971424
Release: 2017
Editor: Unknown

DESCRIPTION OF THE BOOK:

Competition and consumer protection -- The economics of information -- Information and market power -- Agreements on information -- Exclusion by information -- "Confusopoly" and information asymmetries -- Privacy as an information product -- Information and intellectual property -- Restraint of trade and freedom of speech

Monopsony in Law and Economics

Monopsony in Law and Economics
Available:
Author: Roger D. Blair,Jeffrey L. Harrison
Pages: 329
ISBN: 9781139490979
Release: 2010-09-06
Editor: Cambridge University Press

DESCRIPTION OF THE BOOK:

Most readers are familiar with the concept of a monopoly. A monopolist is the only seller of a good or service for which there are not good substitutes. Economists and policy makers are concerned about monopolies because they lead to higher prices and lower output. The topic of this book is monopsony, the economic condition in which there is one buyer of a good or service. It is a common misunderstanding that if monopolists raise prices, then monopsonists must lower them. It is true that a monopsonist may force sellers to sell to them at lower prices, but this does not mean consumers are better off as a result. This book explains why monopsonists can be harmful and the way law has developed to respond to these harms.

New Developments in Competition Law and Economics

New Developments in Competition Law and Economics
Available:
Author: Klaus Mathis,Avishalom Tor
Pages: 355
ISBN: 9783030116118
Release: 2019-03-18
Editor: Springer

DESCRIPTION OF THE BOOK:

This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.

Antitrust Economics on Trial

Antitrust Economics on Trial
Available:
Author: Walter Adams,James W. Brock
Pages: 148
ISBN: 9781400862559
Release: 2014-07-14
Editor: Princeton University Press

DESCRIPTION OF THE BOOK:

Is it the central purpose of American antitrust policy to encourage decentralization of economic power? Or is it to promote "consumer welfare"? Is there a painful trade-off between market dominance and economic "efficiency"? What is the proper role of government in this area? In recent years the public policy debate on these core questions has been marked by a cacophony of divergent opinions--theorists against empiricists, apostles of the "new learning" against defenders of the traditional structure-conduct-performance paradigm, "laissez-faire" advocates against "interventionists." Utilizing a distinctively innovative format, Walter Adams and James Brock examine these issues in the context of a courtroom dialogue among a proponent of the new learning (Chicago School), a prosecuting attorney, and a U.S. district judge. In contrast to bloodless "scientific" treatises or ideologically inspired polemical tracts, this book lays bare the central arguments in the debate about free-market economics and the latent assumptions and disguised terminology on which those arguments are based. The dialogue is both gripping and entertaining--designed by the authors to be reminiscent at times of the Theater of the Absurd. Originally published in 1991. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Causes and Consequences of Antitrust

The Causes and Consequences of Antitrust
Available:
Author: Fred S. McChesney,William F. Shughart,William F. Shughart II
Pages: 379
ISBN: 0226556344
Release: 1995-03-15
Editor: University of Chicago Press

DESCRIPTION OF THE BOOK:

Why has antitrust legislation not lived up to its promise of promoting free-market competition and protecting consumers? Assessing 100 years of antitrust policy in the United States, this book shows that while the antitrust laws claim to serve the public good, they are as vulnerable to the influence of special interest groups as are agricultural, welfare, or health care policies. Presenting classic studies and new empirical research, the authors explain how antitrust caters to self-serving business interests at the expense of the consumer. The contributors are Peter Asch, George Bittlingmayer, Donald J. Boudreaux, Malcolm B. Coate, Louis De Alessi, Thomas J. DiLorenzo, B. Epsen Eckbo, Robert B. Ekelund, Jr., Roger L. Faith, Richard S. Higgins, William E. Kovacic, Donald R. Leavens, William F. Long, Fred S. McChesney, Mike McDonald, Stephen Parker, Richard A. Posner, Paul H. Rubin, Richard Schramm, Joseph J. Seneca, William F. Shughart II, Jon Silverman, George J. Stigler, Robert D. Tollison, Charlie M. Weir, Peggy Wier, and Bruce Yandle.

Reconciling Efficiency and Equity

Reconciling Efficiency and Equity
Available:
Author: Damien Gerard,Ioannis Lianos
Pages: 500
ISBN: 9781108498081
Release: 2019-04-30
Editor: Cambridge University Press

DESCRIPTION OF THE BOOK:

Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.

Market Power in EU Antitrust Law

Market Power in EU Antitrust Law
Available:
Author: Luis Ortiz Blanco
Pages: 368
ISBN: 9781847318497
Release: 2011-12-02
Editor: Bloomsbury Publishing

DESCRIPTION OF THE BOOK:

The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.

The Economists Hour

The Economists  Hour
Available:
Author: Binyamin Appelbaum
Pages: 448
ISBN: 9780316512275
Release: 2019-09-03
Editor: Little, Brown

DESCRIPTION OF THE BOOK:

In this "lively and entertaining" history of ideas (Liaquat Ahamed, The New Yorker), New York Times editorial writer Binyamin Appelbaum tells the story of the people who sparked four decades of economic revolution. Before the 1960s, American politicians had never paid much attention to economists. But as the post-World War II boom began to sputter, economists gained influence and power. In The Economists' Hour, Binyamin Appelbaum traces the rise of the economists, first in the United States and then around the globe, as their ideas reshaped the modern world, curbing government, unleashing corporations and hastening globalization. Some leading figures are relatively well-known, such as Milton Friedman, the elfin libertarian who had a greater influence on American life than any other economist of his generation, and Arthur Laffer, who sketched a curve on a cocktail napkin that helped to make tax cuts a staple of conservative economic policy. Others stayed out of the limelight, but left a lasting impact on modern life: Walter Oi, a blind economist who dictated to his wife and assistants some of the calculations that persuaded President Nixon to end military conscription; Alfred Kahn, who deregulated air travel and rejoiced in the crowded cabins on commercial flights as the proof of his success; and Thomas Schelling, who put a dollar value on human life. Their fundamental belief? That government should stop trying to manage the economy.Their guiding principle? That markets would deliver steady growth, and ensure that all Americans shared in the benefits. But the Economists' Hour failed to deliver on its promise of broad prosperity. And the single-minded embrace of markets has come at the expense of economic equality, the health of liberal democracy, and future generations. Timely, engaging and expertly researched, The Economists' Hour is a reckoning -- and a call for people to rewrite the rules of the market. A Wall Street Journal Business BestsellerWinner of the Porchlight Business Book Award in Narrative & Biography

Corruption in America

Corruption in America
Available:
Author: Zephyr Teachout
Pages: 384
ISBN: 9780674745087
Release: 2014-09-15
Editor: Harvard University Press

DESCRIPTION OF THE BOOK:

When Louis XVI gave Ben Franklin a diamond-encrusted snuffbox, the gift troubled Americans: it threatened to corrupt him by clouding his judgment. By contrast, in 2010 the Supreme Court gave corporations the right to spend unlimited money to influence elections. Zephyr Teachout shows that Citizens United was both bad law and bad history.

Research Handbook on the Law of Artificial Intelligence

Research Handbook on the Law of Artificial Intelligence
Available:
Author: Woodrow Barfield,Ugo Pagallo
Pages: 736
ISBN: 9781786439055
Release: 2018-12-28
Editor: Edward Elgar Publishing

DESCRIPTION OF THE BOOK:

The field of artificial intelligence (AI) has made tremendous advances in the last two decades, but as smart as AI is now, it is getting smarter and becoming more autonomous. This raises a host of challenges to current legal doctrine, including whether AI/algorithms should count as ‘speech’, whether AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered as an agent under agency law or be held responsible for injuries under tort law. This book contains chapters from US and international law scholars on the role of law in an age of increasingly smart AI, addressing these and other issues that are critical to the evolution of the field.