Book Review: Alexander Morell's(Behavioral) Law and Economics im europäischen Wettbewerbsrecht

2014 ◽  
Vol 15 (3) ◽  
pp. 495-500
Author(s):  
Rupprecht Podszun
Keyword(s):  
Law And Economics ◽  
Competition Law ◽  
Free Competition ◽  
Behavioral Studies ◽  
The World ◽  
The Law ◽  
Behavioral Law And Economics ◽  
European Competition Law

Imagine your local supermarket invites you to get a 10% reduction on all food bills at the end of the year if you buy 90% of all food there throughout the year. Would you accept? If your supermarket is dominant in the sense of European competition law—and if it is located at the, say, Belgian-Dutch border—it may face an antitrust investigation. The rebate may turn into an exclusivity arrangement that hinders free competition for your money; welcome to the world of target rebates. The book under review deals with the handling of target rebates in European competition law. Above all, however, it is a study of the possible information to be drawn from economics and behavioral studies for the law.

Conclusion

2017 ◽  
Author(s):  
Anne C. Dailey
Keyword(s):  
Critical Race Theory ◽  
Legal Theory ◽  
Law And Economics ◽  
Race Theory ◽  
Thick Description ◽  
The Unconscious ◽  
The World ◽  
Legal Actor ◽  
The Individual ◽  
Behavioral Law And Economics

The conclusion to this book situates the study of law and psychoanalysis in relationship to two dominant and related trends in legal thought: the behavioral law and economics movement and liberal legal theory. Psychoanalysis joins up with but also importantly modifies the portrait of the individual drawn by these contemporary legal fields of knowledge. In relying on cognitive psychology, the behavioral law and economics movement remains wedded to the rationality paradigm, overlooking the complex dynamic workings of the unconscious and its resistance to any efforts to “debias” cognitive thinking. Relatedly, liberal legal accounts of the autonomous legal actor fail to recognize the conflicted, unstable, contingent dimension to selfhood. In alliance with more critical perspectives in feminism, critical race theory, and queer studies, a psychoanalytic perspective modifies the liberal ideal of the rational, autonomous individual by providing a thick description of the self and its relationship to the world. This chapter concludes the book by reiterating the vital relevance of psychoanalysis to law: how psychoanalysis offers the opportunity for a deep fruitful engagement between two disciplines—law and psychoanalysis—both engaged with the humanistic project of understanding how and why people think and behave the way they do.

scholarly journals Changing People’s Preferences by the State and the Law

2021 ◽  
Vol 22 (2) ◽  
pp. 215-246
Author(s):  
Ariel Porat
Keyword(s):  
Behavioral Economics ◽  
Law And Economics ◽  
The State ◽  
The Other ◽  
Preference Change ◽  
Advantages And Disadvantages ◽  
Basic Assumptions ◽  
The Law ◽  
The One ◽  
Behavioral Law And Economics

Abstract In standard economic models, two basic assumptions are made: the first, that actors are rational, and the second, that actors’ preferences are a given and exogenously determined. Behavioral economics — followed by behavioral law and economics — has questioned the first assumption. This Article challenges the second one, arguing that in many instances, social welfare should be enhanced not by maximizing satisfaction of existing preferences but by changing the preferences themselves. The Article identifies seven categories of cases where the traditional objections to intentional preference change by the state and the law lose force and argues that in these cases, such a change warrants serious consideration. It then proposes four different modes of intervention in people’s preferences, varying in intensity, on the one hand, and in the identity of their addressees, on the other, and explains the relative advantages and disadvantages of each form of intervention.

Introduction

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Economic Analysis ◽  
Rational Choice ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Law And Economics ◽  
Legal Analysis ◽  
Economic Analysis Of Law ◽  
Behavioral Studies ◽  
Behavioral Law And Economics ◽  
Systematic Synthesis

Standard economic analysis of law is based on rational choice theory. In recent decades, numerous experimental and empirical findings have established prevalent and systematic deviations from the assumptions of economic rationality. These findings have been gradually integrated into mainstream economic analysis, including economic analysis of law, to form behavioral law and economics. The introduction highlights the important contributions of behavioral studies to economic analysis of law and to legal analysis more generally. It describes the scope of the book and outlines its structure. It also mentions legal spheres in which the existing scholarship does not yet lend itself to systematic synthesis.

The relevant market in competition law: a legal concept

2019 ◽  
Vol 7 (2) ◽  
pp. 158-176
Author(s):  
Viktoria H S E Robertson
Keyword(s):  
Law And Economics ◽  
Competition Law ◽  
Market Definition ◽  
Relevant Market ◽  
Legal Concept ◽  
Normative Force ◽  
Economic Concept ◽  
Competition Laws ◽  
The Law ◽  
Concept Building

Abstract In competition law, the relevant market acts as a filter that delineates that part of commerce within which competition law assesses companies’ market behaviour. This contribution considers how competition law can reconcile the legal concept of the relevant market with its economic roots. It argues that for market definition—like for many an economic concept—a spectrum opens up between law and economics. On the economics side of the spectrum, economics may take on a more determinative role almost amounting to normative force. This places considerable pressure on the integrity of economics. On the law side of the spectrum, the relevant market is looked at through the prism of the law and is seen as a legal concept building upon an economic one. Here, economics is assigned an interpretive role. A plethora of different positions are possible along the spectrum, and different actors may place themselves at different locations under different circumstances or at different points in time. If it is acknowledged that the relevant market concept acquires a distinct legal conception through its incorporation into the competition laws, then this has far-reaching repercussions on our entire conception of competition law. This view effectively calls into question not only competition law’s understanding of the relevant market, but also the prevailing understanding of other shared legal and economic concepts.

Overview of latest amendmentsto the competition law of Germany

2018 ◽  
pp. 70-76
Author(s):  
D. .. Chukurov ◽  
N. .. Kobadze
Keyword(s):  
European Union ◽  
Competition Law ◽  
The European Union ◽  
Practical Application ◽  
Market Conditions ◽  
The Past ◽  
The World ◽  
The Law ◽  
Legal Consequences

Over the past 20 years, the Act against Restraints of Competition in Germany has been repeatedly adapted to changing market conditions. In particular, the guidance from the European Union has led to extensive reforms. This article is dedicated to the ninth and most recent amendment dated 09.03.2017, which was accompanied by a vivid politi- cal debate. The amendment is primarily a response to the progressive digitalization of markets. Thus, the competition law of Germany becomes the first regime in the world to provide rules for the digital economy.In addition, the amendment provides for significant changes regarding the imposition of antitrust penalties, actions for damages and ministerial approval of mergers. In the case of damages claims, the reason for the amendment was the transposition of European Direc- tive No. 2014/104/EU. Generally, the legislator addressed the shortcomings, which arose during the practical application of the law. This article provides an overview of the signifi- cant modifications to the Act against Restraints of Competition in Germany, in view of its latest amendment, and considers the legal consequences of those modifications.

scholarly journals Economics, Public Policy, and Law

1996 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Susan Rose-Ackerman
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Law And Economics ◽  
Common Law ◽  
Collective Decision Making ◽  
The World ◽  
The Common ◽  
The Law ◽  
The Relationship

Some lawyers view the law as a self-contained body of wisdom independent of the contaminating influences of other branches of knowledge. Such lawyers resist efforts to combine law with economics. In doing so, the author argues that these lawyers miss an opportunity for gaining a deeper understanding of the way law works in the world. This article thus explores the relationship between economics as a methodology, public policy, and the law. The author first tackles the argument that the economist's concentration on efficiency is flawed because it is unconcerned with justice. The author then discusses the role of economics in light of collective decision-making found throughout society. Economics and the design of efficient regulatory schemes are also discussed, as well as in the comparative law context. It is argued that the intersection between the common law and economics must be widely accepted, even though it suffers from limitations in resolving difficult policy issues. Thus, the author concludes that economic analysis alone cannot be an all-purpose resolver of the problems of the modern capitalist welfare state. Nonetheless, economic frameworks remain useful for lawyerly thinking; law and economics must thus be joined by a broader range of subjects, including political science and public administration. 

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