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The Metaphysics of Market Power: The Zero-sum Competition and Market Manipulation Approach


ISBN13: 9781509945771
Published: December 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2019)
Price: £43.99
Hardback edition , ISBN13 9781509928071



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Australian competition law has just emerged from a significant period of reform which has seen controversial changes to the legal test to distinguish between normal competitive conduct and conduct that should be condemned. The controversy continues, arguably because the traditional legal conception of market power does not provide a useful standard in real world markets. This important new book offers a radical interpretation of market power, based on the power to manipulate. Seeing it in this way allows for positive and normative standards within which to frame a legal theory of liability for misuse of that power. The book provides suggestions to improve the forensic assessment of conduct that should be condemned as misuse of market power.

Subjects:
Competition Law
Contents:
I. The Problem II. Australia's Reform Process III. The Proposed Market Manipulation Approach IV. Implications of the Study beyond the Present Scope V. The Problematic Role of Efficiency VI. Differing Views of the World VII. Economic Models and the Paradigm of Competition VIII. The Overseas Experience IX. What Difference Will Market Manipulation Theory Make? X. Application to the Digital Economy XI. Outline of the Chapters XII. Effective Date of Law
PART I. THE THEORETICAL FRAMEWORK
1. Market Power in Economics and Law
I. Introduction II. Policy Objectives and Concepts of Efficiency III. Economic Models and the Paradigm of Competition IV. Market Manipulation Laws in Securities Markets V. Thought Experiment: Incumbent Response to New Entry VI. Norms in Zero-Sum Competition VII. Zero-Sum Competition, Market Manipulation and Efficiency VIII. Conclusion
2. The Mischief and Australia's Institutional Response
I. Introduction II. The Continuing Influence of the SCP Approach in Australia III. Australia's Institutional Division of Functions between Courts and Agencies IV. Institutional Arrangements in the EU and the US: Court-Centred or Agency-Centred? V. Conclusion
3. Competition and Efficiency Effects in Europe, North America and Australia
I. Introduction II. The Current Australian Effects Test Outside Section 46 III. The Harper Review Effects Test and the Role of Efficiency Effects IV. EU Abuse of Dominance and Defences V. US Monopolisation and Defences VI. Efficiency in the Law of Securities Market Manipulation VII. Adapting Efficiency as a Legal Concept VIII. Zero-Sum Competition, Market Manipulation and Efficiency IX. Conclusion
PART II. TESTING MARKET MANIPULATION AND EFFICIENCY APPROACHES
Introduction
4. Refusal to Deal and Margin Squeeze
I. Introduction II. Queensland Wire: Factual Matrix III. Gaps in the Factual Matrix IV. Queensland Wire under Harper Section 46 V. Queensland Wire under Market Manipulation VI. Melway: Factual Matrix VII. Melway under Harper Section 46 VIII. Melway under Market Manipulation IX. Conclusion
5. Predatory Pricing
I. Introduction II. Boral: Factual Matrix III. Gaps in the Factual Matrix IV. Boral under Harper Section 46 V. Boral under Market Manipulation VI. Conclusion
6. Meeting Competition I. Introduction II. Rural Press: Factual Matrix III. Gaps in the Factual Matrix IV. Rural Press under Harper Section 46 V. Rural Press under Market Manipulation VI. Conclusion
7. Raising Rivals' Costs I. Introduction II. Cement Australia: Factual Matrix III. Gaps in the Factual Matrix IV. Cement Australia under Harper Section 46 V. Cement Australia under Market Manipulation VI. Conclusion
8. Bundling
I. Introduction II. Baxter: Factual Matrix III. Gaps in the Factual Matrix IV. Baxter under Harper Section 46 V. Baxter under Market Manipulation VI. The Implications of Pfizer VII. Conclusion
9. Institutional and Procedural Implications
I. Introduction II. NT Power III. The Burden of Proof IV. Conclusion
PART III. CONCLUSION
10. Findings and Recommendations
I. Introduction II. The Concept of Market Power III. Paradigms of Competition and Norms of Conduct IV. Forensic Assessment of Misuse of Market Power: Conclusions from the Case Studies V. Implications for Competition Law

Series: Hart Studies in Competition Law

Competition Law and Economic Inequality ISBN 9781509959273
Published June 2024
Hart Publishing
£44.99
Competition Law and Economic Inequality ISBN 9781509959235
Published December 2022
Hart Publishing
£95.00
Competition Law and Economic Inequality (eBook) ISBN 9781509959242
Published December 2022
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£40.49
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509945504
Published June 2022
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£36.99
Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509944583
Published March 2022
Hart Publishing
£37.99
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement ISBN 9781509942480
Published January 2021
Hart Publishing
£95.00
£37.79
(ePub)
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Experimentalist Competition Law and the Regulation of Markets (eBook) ISBN 9781509910663
Published November 2020
Hart Publishing
Price on Application
(ePub)
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509910670
Published November 2020
Hart Publishing
Price on Application
Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509945283
Published September 2020
Hart Publishing
£36.99
Conceptualising Procedural Fairness in EU Competition Law (eBook) ISBN 9781509935420
Published September 2020
Hart Publishing
£34.19
(ePub)
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
Published September 2020
Hart Publishing
£95.00
£34.99
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
Hart Publishing
£34.99
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
Hart Publishing
£28.99
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
Hart Publishing
£39.99
Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
Published February 2019
Hart Publishing
£85.00
£33.29
(ePub)
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The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
Published September 2017
Hart Publishing
£85.00
£31.49
(ePub)
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£31.49
(ePub)
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
Hart Publishing
£90.00
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published December 2016
Hart Publishing
£80.00
Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published December 2016
Hart Publishing
£26.09
(ePub)
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published November 2016
Hart Publishing
£95.00
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published June 2016
Hart Publishing
£31.99
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published June 2016
Hart Publishing
£43.99
Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£130.00
£117.00
(ePub)
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The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
Published June 2015
Hart Publishing
£33.99
£144.00
(ePub)
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
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£160.00
Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£28.79
(ePub)
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
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£85.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
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£130.00
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
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£39.59
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European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
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£150.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
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£95.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
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£85.50
(ePub)
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Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
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£171.00
(ePub)
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Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
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£190.00
Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
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£140.00
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
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£126.00
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£117.00
(ePub)
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£130.00
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£81.00
(ePub)
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State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
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£90.00
Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned