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Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition (eBook)


ISBN13: 9781509926077
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £81.00
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In the US and EU, legal analysis in competition cases is done on a case-by-case approach. In assessing the legality of a particular practice, this approach examines the welfare effects of that particular practice. While this analytic method has the merits of “getting the result right” by, inter alia, reducing error costs in antitrust adjudication, this analytic method comes at a cost of certainty, predictability and clarity in the legal principles which govern antitrust law. This is a rule of law concern.

This is the first book to explore this tension between Europe's “More Economic Approach,” the US's Rule of Reason, and the Rule of Law. The tension manifests itself in: the assumptions in and choice of analytic method; the institutional agents driving this effects-based approach and their competency to use and assess the results of the methodology they demand; and, the nature and stability of the legal principles used in modern effects-based competition analysis. The book forcefully argues that this approach to competition law represents a threat to the rule of law.

This book will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.

Subjects:
Competition Law, eBooks
Contents:
Introduction
I. The Effects-Based or 'More Economic Approach' to Antitrust2
II. The Organisation and Scope of this Book
III. What this Book is Not
1. The Rule of Law and Why it Matters
I. The Rhetorical Use and Abuse of 'The Rule of Law'
II. The Rule of Law as a Normative Concept
III. The Rule of Law as a Positive Legal Principle
IV. Why the Rule of Law Matters
V. Conclusion
2. The Effects-Based Approach in the US: The Rule of Reason
I. The Early Background to Sherman Act Interpretation
II. Per Se Rules and the Limits to the Rule of Reason
III. The Renaissance of the Rule of Reason
IV. The Rule of Reason in Practice
V. The 'Quick Look' Approach
VI. The Type of Analysis Matters
VII. Effects, Rule of Reason and the Sherman Act Section 2
VIII. Conclusion
3. The Effects-Based Approach in the EU: The More Economic Approach
I. The Pre-MEA Understanding of Articles 101 and 102
II. The Shift to the More Economic Approach
III. The More Economic Approach
IV. Conclusion 3
4. Economics and the Effects-Based Approach
I. The Economics of the Effects-Based Approach
II. The Challenge of Behavioural Economics
III. The Behavioural Challenge to Antitrust
IV. Conclusion
5. Institutional Legitimacy and Competence
I. The Reorientation of Antitrust
II. The Rule of Law and Institutional Competency
III. Conclusion
6. Commercial and Legal Certainty
I. Precedents, Stability and the Need for Change
II. Rules, Standards and Legal Certainty
III. Conclusion
Conclusion: Putting the Rule of Law Back into Antitrust

Series: Hart Studies in Competition Law

Competition Law and Economic Inequality ISBN 9781509959273
Published June 2024
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Competition Law and Economic Inequality ISBN 9781509959235
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Competition Law and Economic Inequality (eBook) ISBN 9781509959242
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509945504
Published June 2022
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509944583
Published March 2022
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£37.99
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement ISBN 9781509942480
Published January 2021
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£95.00
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509910670
Published November 2020
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Experimentalist Competition Law and the Regulation of Markets (eBook) ISBN 9781509910663
Published November 2020
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509945283
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Conceptualising Procedural Fairness in EU Competition Law (eBook) ISBN 9781509935420
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
Published September 2020
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
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£34.99
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
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£28.99
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
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£39.99
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
Published February 2019
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The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
Published September 2017
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£85.00
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published December 2016
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Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published November 2016
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published June 2016
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£31.99
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
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The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
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Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
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European Merger Remedies: Law and Policy ISBN 9781849464116
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Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
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Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
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Joint Ventures and EU Competition Law ISBN 9781841137933
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Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
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Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
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Cross-Border EU Competition Law Actions ISBN 9781849463744
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
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State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
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State Aid and the European Economic Constitution ISBN 9781849461054
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Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned