Enforcement of Competition Law—Economic Analysis of Antitrust Sanctions

2020 ◽  
pp. 181-199
Author(s):  
Jingyuan Ma
Keyword(s):  
Economic Analysis ◽  
Competition Law

Modernization of Antimonopoly Policy in Russia (Economic Analysis of Proposed Changes in the Competition Law)

2005 ◽  
pp. 100-116
Author(s):  
S. Avdasheva ◽  
A. Shastitko
Keyword(s):  
Economic Analysis ◽  
Financial Markets ◽  
Financial Services ◽  
Competition Law ◽  
Commodity Markets ◽  
State Aid ◽  
Executive Power ◽  
Rule Of Reason ◽  
Per Se

The article is devoted to the analysis of the draft law "On Protection of Competition", which must substitute the laws "On Competition and Limitation of Monopolistic Activity on Commodity Markets" and "On Protection of Competition on the Financial Services Market". The innovations enhancing the quality of Russian competition law and new norms providing at least ambiguous effects on antimonopoly regulation are considered. The first group of positive measures includes unification of competition norms for commodity and financial markets, changes of criteria and the scale of control of economic concentrations, specification of conditions, where norms are applied "per se" and according to the "rule of reason", introduction of rules that can prevent the restriction of competition by the executive power. The interpretation of the "collective dominance" concept and certain rules devoted to antimonopoly control of state aid are in the second group of questionable steps.

4. What is the optimal level of enforcement?

2021 ◽  
pp. 38-47
Author(s):  
Ariel Ezrachi
Keyword(s):  
Law Enforcement ◽  
Economic Analysis ◽  
Crucial Role ◽  
Competition Law ◽  
Optimal Level ◽  
Competition Law Enforcement ◽  
Laissez Faire ◽  
Economic Understanding ◽  
Competitive Activities

‘What is the optimal level of enforcement?’ focuses on competition law enforcement. All competition jurisdictions acknowledge the central and crucial role of economic analysis in shaping competition prosecution. Greater economic understanding has improved the structure of competition law through legal presumptions and thresholds, enforcement guidelines, and a greater understanding of the gravity and consequences of anti-competitive activities. Indeed, there has been an ever-increasing ‘economization’ of antitrust, as more jurisdictions rely on economic analysis to determine whether intervention is needed. When markets work well, competition enforcers are better off adopting a ‘laissez-faire’ approach (leaving the market to take its own course). Distinguishing pro-competitive activities from anti-competitive activities poses a challenge.

scholarly journals Morality in Competition Law: The Culture of Honesty and Trust in Consumer Protection

2021 ◽  
Vol 7 (2) ◽  
pp. 189-210
Author(s):  
Talya Ucaryilmaz
Keyword(s):  
Economic Analysis ◽  
Consumer Protection ◽  
Private Property ◽  
Competition Law ◽  
Good Faith ◽  
Economic Analysis Of Law ◽  
Legal Scholarship ◽  
Fairness Concerns ◽  
Law And Morality ◽  
Economic Foundations

Recent works in legal scholarship have shifted the focus of competition law to the economic analysis of law. Yet today we face the revival of the fairness concerns in competition polices. This article concerns itself with the nature of the interdependent relationship between competition law and consumer protection law as ancillary to the necessary relationship between law and morality. Hereby it aims to revisit their raison d’être to discuss that fairness and equity do not lack economic foundations. For an efficient market structure, private property and good faith in contractual relations are essential. This article aims to scrutinise the latter, while showing its objective criteria: Honesty, trust and reasonableness, as the moral essence of competition and consumer protection laws. These criteria provide efficient means to address moral aspects of fairness in competition law as it is best illustrated within its relation to consumer protection without compromising their economic foundations. Keywords: competition law, consumer protection, fairness, good faith, honesty, trust

Cartel Damages

2020 ◽  
Author(s):  
Veljanovski Cento
Keyword(s):  
Economic Theory ◽  
Economic Analysis ◽  
Competition Law ◽  
Case Law ◽  
Pragmatic Approach ◽  
Practical Guide ◽  
Bank Of England ◽  
Competition Laws ◽  
The Subject ◽  
Law And Legislation

This book represents a comprehensive, practical guide on the law, economics, and measurement of cartel damages under UK and European competition laws. It draws together the most recent research on cartels, economic analysis, empirical techniques, case law, and legislation to examine how the quantification of losses suffered by those harmed by a cartel are, and could be, applied under European and UK competition laws. Written with the practitioner in mind, the book displays a rigorous yet pragmatic approach to the subject. Detailed discussions of leading cases complement the treatment of the application of economic theory and empirical techniques in competition law and litigation. Three appendices provide the reader with quick reference guides to statistics on European Commission Cartel Decisions (1999 to 2019), Bank of England ‘base rate’ (1980 to 2019), and where to find key documents and information. The book is a practical guide to issues of increasing importance and relevance in competition law.

27. Competition Law: Article 101

EU Law ◽  
2020 ◽  
pp. 1072-1125
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Economic Analysis ◽  
Competition Law ◽  
Detailed Examination ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Concerted Practice ◽  
Key Features ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

27. Competition Law: Article 101

EU Law ◽  
2020 ◽  
pp. 1034-1086
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Economic Analysis ◽  
Competition Law ◽  
Detailed Examination ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Concerted Practice ◽  
Key Features ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

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