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M&A Under China’s Anti-Monopoly Law : Emerging Patterns

Chin, Yee Wah - 2010

China's Anti-Monopoly Law became effective on August 1, 2008, following its enactment on August 30, 2007 after 13 years … of drafting. Since then, businesses and lawyers with interests in China have closely followed every development. While … transactions. It is clear that China's merger control regime is becoming the third major antitrust hurdle for large, cross …

Persistent link: https://www.econbiz.de/10013142025

The effects of cartel damage compensations

Hunold, Matthias - 2013

Damage compensation claims in case of cartels are supposed to increase deterrence, compensate losses and increase efficiency. I show that such claims can instead have adverse effects: If suppliers or buyers of cartelists are compensated in proportion to the profits lost due to the cartel,...

Persistent link: https://www.econbiz.de/10010194468

Competition Law and Policy in the Digital Economy : Report From Spain

García García, José Marino - 2020

The paper provides an overview of the enforcement activity of the Spanish competition authority in the digital economy. It explores, in particular, (i) the authority's approach to market definition and the assessment of market power; (ii) the main theories of harm developed in its decisions; and...

Persistent link: https://www.econbiz.de/10012842903

EU Merger Control between Law and Discretion : When Is An Impediment to Effective Competition Significant?

Ibáñez Colomo, Pablo - 2021

This paper considers the interpretation of the substantive test laid down in Article 2 of Regulation 139/2004. It focuses on horizontal mergers in the so-called ‘gap’ cases, which would not result in the creation or the strengthening of a (single or collective) dominant position. In its...

Persistent link: https://www.econbiz.de/10013219002

Use and Abuse of Bargaining Models in Antitrust

Wright, Joshua D. - 2020

Bargaining is all around us. Bargaining is how prices are set across a range of economic activities such as between licensors and licensees of intellectual property, employees and employers, content providers and distributors, health insurers and hospitals, and in many intermediate product...

Persistent link: https://www.econbiz.de/10012829015

The House that Hovenkamp Built is Sound : The Case Against Proposed Legislative Reforms of the US Antitrust Laws

Lambert, Thomas A. - 2021

Perhaps no living person has had greater influence on US antitrust doctrine than Herbert Hovenkamp. In fleshing out the sparse US antitrust statutes over the course of his distinguished career, Professor Hovenkamp has embraced four guiding principles: that antitrust’s goal is to promote...

Persistent link: https://www.econbiz.de/10013214851

Voluntary Agreements and Competition Law : What are, and What Should Be the Boundaries to Va's Imposed by Competition Law?

Vedder, Hans H. B. - 2003

Many voluntary agreements (VA's) fall under the European or Dutch cartel prohibition (Article 81 EC, Article 6 Mededingingswet). This paper starts with an abstract description of the relation between competition and environmental protection. Particular attention is paid to the role in this...

Persistent link: https://www.econbiz.de/10014140105

For a Rigorous 'Effects Based' Analysis of Vertical Restraints Adopted by Dominant Firms : An Analysis of the EU and Brazilian Competition Laws: Comment

Sacher, Seth B. - 2012

In a recent working paper, Damien Geradin & Caio Marioda Silva Pereira Neto argue that the Brazilian competition system would greatly benefit from the adoption of guidelines like the European Commission Guidance Paper, which offers a legal and economic methodology to implement an...

Persistent link: https://www.econbiz.de/10013096627

Private Law and Competition Policy in the Global Economy

Calliess, Gralf-Peter - 2014

In this paper we criticize the so-called 'more economic approach' to European competition law for its disregard of the importance of a functional system of private law. The more economic approach presumes that vertical integration is an economically efficient governance-mechanism. This...

Persistent link: https://www.econbiz.de/10013071116

Resale Price Maintenance in EC Competition Law : The Need for a Standardised Approach

van Doorn, Frederik - 2009

The paper addresses the paradox that, although it is generally recognised among economists that minimum and fixed resale price maintenance can have both positive and negative effects on consumer welfare, the current approach under EC competition law can still be characterised as a de facto per...

Persistent link: https://www.econbiz.de/10013155036