COMPETITION VERSUS PROPERTY RIGHTS: AMERICAN ANTITRUST LAW, THE FREIBURG SCHOOL, AND THE EARLY YEARS OF EUROPEAN COMPETITION POLICY

2009 ◽  
Vol 5 (4) ◽  
pp. 747-786 ◽  
Author(s):  
N. Giocoli
2018 ◽  
Vol 11 (18) ◽  
pp. 153-180
Author(s):  
Zbigniew Jurczyk

The paper aims at showing the influence and the views espoused by economic theories and schools of economics on competition policy embedded in antitrust law and conducted by competition authorities in the field of vertical agreements. The scope of the paper demonstrates how substantially the economization of antitrust law has changed the assessment as to the harmfulness of vertical agreements. The analysis of economic aspects of vertical agreements in antitrust analysis allows one to reveal their pro-competitive effects and benefits, with the consumer being their beneficiary. The basic instrument of the said economization is that antitrust bodies draw on specific economic models and theories that can be employed in their practice. Within the scope of the paper, the author synthesizes the role and influence of those models and schools of economics on the application of competition law in the context of vertical agreements. In presenting, one after another, the theories and schools of economics which used to, or are still dealing with competition policy the author emphasises that in its nature this impact was more or less direct. Some of them remain at the level of general principals and axiology of competition policy, while others, in contrast, delineate concrete evaluation criteria and show how the application of those criteria changes the picture of anti-competitive practices; in other words, why vertical agreements, which in the past used to be considered to restrain competition, are no longer perceived as such. The paper presents the models and recommendations of neoclassical economics, the Harvard School, the Chicago and Post-Chicago School, the ordoliberal school, the Austrian and neoAustrian school as well as the transaction cost theory.


1921 ◽  
Vol 7 (6) ◽  
pp. 455
Author(s):  
Thomas W. Shelton

Author(s):  
S. S. Burchik

The growing importance of intellectual property as an asset raises the question whether exercising of the intellectual property rights shall be regulated by antitrust law to protect against possible abuses and ensure the efficiency of the economy. The study aims to improve the existing regulation in the Russian Federation and align it with the idea of balancing private and public interests while fostering competition and encouraging innovation.


Author(s):  
Thomas Murray

Thomas Murray’s chapter draws on a critical social theory of law and a range of qualitatively rich primary sources to incorporate heretofore neglected social movement voices into a more complex account of constitutional development in Ireland. The chapter concentrates on the political practices and discourses at stake in a single moment of conflict when property rights were contested from below, specifically the squatting campaigns of the Dublin Housing Action Committee (D.H.A.C.) in the late 1960s and early 1970s. Murray aims to open up a broader terrain of debate about constitutional development and judicial power in Ireland than conventional studies of case-law, legislation or parliamentary politics would suggest.


2017 ◽  
Vol 62 (4) ◽  
pp. 726-736
Author(s):  
Paulo Burnier da Silveira ◽  
João Felipe Aranha Lacerda

The relationship between competition policy and intellectual property has been largely analyzed by the specialized literature. Nonetheless, the competitive impact of the enforcement of intellectual property rights in aftermarkets is still a challenging field of study. This article discusses the interface between intellectual property and competition in light of a case concerning the Brazilian automobile aftermarket.


2015 ◽  
Vol 16 (2) ◽  
pp. 313-353 ◽  
Author(s):  
PATRICE BOUGETTE ◽  
MARC DESCHAMPS ◽  
FRÉDÉRIC MARTY

In this article, the authors interrogate legal and economic history to analyze the process by which the Chicago School of Antitrust emerged in the 1950s and became dominant in the United States. They show that the extent to which economic objectives and theoretical views shaped the inception of antitrust law. After establishing the minor influence of economics in the promulgation of U.S. competition law, they highlight U.S. economists’ caution toward antitrust until the Second New Deal and analyze the process by which the Chicago School developed a general and coherent framework for competition policy. They rely mainly on the seminal and programmatic work of Director and Levi (1956) and trace how this theoretical paradigm became collective—that is, the “economization” process in U.S. antitrust. Finally, the authors discuss the implications and possible pitfalls of such a conversion to economics-led antitrust enforcement.


Author(s):  
Joseph E Stiglitz

For over 100 years, competition policy has been a central part of a market economy’s legal framework. Over the past third of a century, however, the scope and effectiveness of competition policy has been narrowed, under the influence of certain ideas about the functioning of the market economy—ideas which have subsequently been widely discredited within the economics profession, but whose influence within antitrust law remains significant. This chapter argues that, to the contrary, changes in our economy and our understandings of the interplay between economics and politics necessitates a broader reach for competition policy than envisaged by the original advocates of antitrust law, and that this is especially so in developing countries and emerging markets.


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