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Justified Regulatory Reform in Antitrust Requires Cost-Benefit Analysis : Global Antitrust Institute Comment to the Australian Treasury on the Australian Competition & Consumer Com...

Yun, John M.; Ginsburg, Douglas H.; Kobayashi, Bruce H.; … - 2023

The Australian Competition & Consumer Commission (ACCC) released its Digital Platform Services Inquiry, Interim Report No. 5 (Regulatory Reform) in September 2022. In December 2022, the Australian Treasury requested comments on the report. The ACCC Report recommends, inter alia, several...

Persistent link: https://www.econbiz.de/10014258143

The Roberts Court and the Limits of Antitrust

Lambert, Thomas A. - 2010

Antitrust is back in vogue at the U.S. Supreme Court. Whereas the Rehnquist Court decided few antitrust cases in its latter years (only one from 1993 to 1995, one each year from 1996 through 1999, and none from 2000 to 2003), the Roberts Court issued seven antitrust decisions in its first two...

Persistent link: https://www.econbiz.de/10013138008

Competition, innovation, and competition law : dissecting the interplay

Kerber, Wolfgang - 2017 - version: 6/10/2017

The digital revolution has reinvigorated the discussion about the problem how to consider innovation in the application of competition law. This raises difficult questions about the relationship between competition and innovation as well as what kind of assessment concepts competition...

Persistent link: https://www.econbiz.de/10011758381

Private Litigation Under China's Anti-Monopoly Law : Empirical Evidence and Procedural Developments

Svetlicinii, Alexandr - 2018

The growing scale of enforcement of China's Anti-Monopoly Law (AML) has drawn the attention of multinational businesses … development of private enforcement of the AML in China: legal standing of the plaintiff, burden and standard of proof, assessment … affected the judicial practice and attempts to map the directions for further development of China's legal framework for …

Persistent link: https://www.econbiz.de/10012923559

Competition Law As Common Law : American Express and the Evolution of Antitrust

Melamed, A. Douglas - 2020

We explore the implications of the widely accepted understanding that competition law is common — or “judge-made” — law. Specifically, we ask how the rule of reason in antitrust law should be shaped and implemented, not just to guide correct application of existing law to the facts of a...

Persistent link: https://www.econbiz.de/10012837578

Naked exclusion under exclusive-offer competition

Kitamura, Hiroshi; Matsushima, Noriaki; Sato, Misato - 2018

This study constructs a model of anticompetitive exclusive-offer competition between two existing upstream firms. Under exclusive-offer competition, the upstream firm's profit depends on the rival’s exclusive offer. If the rival makes an exclusive offer acceptable for the downstream firm, the...

Persistent link: https://www.econbiz.de/10011804767

The Next Generation of Global Competition Law

Waller, Spencer Weber - 2012

, and Asia, and such emerging economic giants as Brazil, China, and India. Bill Kovacic has played a key role in helping us …

Persistent link: https://www.econbiz.de/10014171417

The antitrust treatment of loyalty discounts and rebates in the EU competition law : in search of an economic approach and a theory of consumer harm

Samà, Danilo - 2020

In the paper, the fundamental question is under what conditions loyalty discounts and rebates adopted by a dominant firm cause anti-competitive effects. Fidelity schemes, although extremely frequent in the market, if applied by a dominant firm, are likely to be judged as illegal per se, as...

Persistent link: https://www.econbiz.de/10012856715

The FTC's Misguided Rationale for the Use of Section 5 in Sherman Act Cases

Manne, Geoffrey A. - 2010

This essay criticizes the Federal Trade Commission's defense of its use Section 5 of the FTC Act in the Intel case. The FTC's (and particularly Chairman Leibowitz') claims that the error cost concerns that figure prominently in recent Supreme Court Sherman Act cases ought not to apply, and are...

Persistent link: https://www.econbiz.de/10013147296

Are restrictions of competition by sports associations horizontal or vertical in nature?

Budzinski, Oliver; Szymanski, Stefan - 2014

In this paper, we discuss from an economic perspective two alternative views of restrictions of competition by sports associations. The horizontal approach views such restrictions as an agreement among the participants of a sports league with the sports association merely representing an...

Persistent link: https://www.econbiz.de/10010257231