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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law: Volume I


ISBN13: 9783642243066
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Hardback
Price: £99.99



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This book:-

  • (1) delineates operational definitions of (A) the key concepts in the U.S.'/E.U.'s respective tests of antitrust illegality and (B) such other antitrust-law-related economic concepts as "oligopolistic" and "predatory" conduct,
  • (2) analyzes the profitability of oligopolistic and predatory conduct and the evidence that can and cannot establish that they have been practiced,
  • (3) explains why market definitions are inherently arbitrary and criticizes the market-oriented approaches that U.S. and E.U. antitrust-enforcement officials have used to predict the competitive impact of horizontal mergers and the possible foreclosing effects of long-term requirements contracts,
  • (4) explains the various functions that vertical integration can perform and the ability of various types of pricing techniques, vertical contractual restraints, and sales policies to perform those functions,
  • (5) describes U.S. antitrust law and E.U. competition law as written,
  • (6) summarizes and criticizes the ways in which the U.S./E.U. authorities have interpreted and applied the U.S./E.U. antitrust statutes/treaty, and
  • (7) compares U.S. and E.U. antitrust law both as written and as applied.

Subjects:
Competition Law
Contents:
Introduction to This Study: This Study's Coverage and Distinctive Features.
Introduction to Part I: Basic Concepts and Approaches.
Chapter 1: The "Correct" Definition of "The Impact of a Choice on Economic Efficiency".
Chapter 2: The Components of the Difference Between a Firm's Price and Conventional Marginal Costs and the Intermediate Determinants of the Intensity of Quality-and-Variety-Increasing-Investment Competition.
Chapter 3: The Definitions of "Monopolizing Conduct," "Attempts to Monopolize," and "Exclusionary Abuses".
Chapter 4: The Conduct-Coverage of, Tests of Legality Promulgated by, and Defenses (U.S. Spelling) or Defences (British Spelling) Recognized by U.S. Antitrust Law and E.C./E.U. Competition law.
Chapter 5: The Categories of Economic-Efficiency Gains Whose Generation by Business Conduct Respectively Are and Are Not Relevant to the Conduct's Antitrust Legality.
Chapter 6: The Inevitable Arbitrariness of Market Definitions and the Unjustifiability of Market-Oriented Antitrust Analyses.
Chapter 7: Economic and Antitrust Markets: Their Abstract Definition, Their Delimitability, and the Methods That Have Been Proposed and Used to Identify Concrete Exemplars.
Chapter 8: The Operational Definition of A Firm's Monopoly Power, Oligopoly Power, and Total (Market) Power in a Given ARDEPPS.
Chapter 9: The Need to Analyze Separately the Monopolizing Character, "Abusiveness," Competitive Impact, and Economic Efficiency of Business Choices.
Chapter 10: Oligopolistic Conduct.
Chapter 11: Predatory Conduct.