Fairness In Antitrust
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Fairness in Antitrust
Author | : Adi Ayal |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 240 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 9781782254010 |
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What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.
Antitrust Procedural Fairness
Author | : D. Daniel Sokol,Andrew T. Guzman |
Publsiher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198815425 |
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This book is a comparative reference on procedural fairness in global antitrust. It focuses on procedure at each stage of antitrust enforcement and considers how a lack of procedural fairness impairs competition law and policy, the benefits of embracing it, the case for establishing global best practices, and how this might be achieved.
Procedural Fairness in Competition Proceedings
Author | : Paul Nihoul,Tadeusz Skoczny |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 392 |
Release | : 2015-09-25 |
Genre | : Law |
ISBN | : 9781785360060 |
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How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.
Fair Competition
Author | : Joel B. Dirlam,Alfred Edward Kahn |
Publsiher | : Praeger |
Total Pages | : 328 |
Release | : 1970 |
Genre | : Antitrust law |
ISBN | : UOM:49015001254094 |
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The authors attempt to defend antitrust laws against the critics. After summarizing 15 years of court decisions, they conclude that the Sherman and Clayton Acts have not deviated from their historic and proper path.
Fair Competition
Author | : Joel B. Dirlam,Alfred E. Kahn |
Publsiher | : Unknown |
Total Pages | : 135 |
Release | : 1970 |
Genre | : Electronic Book |
ISBN | : OCLC:473900057 |
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Conceptualising Procedural Fairness in EU Competition Law
Author | : Haukur Logi Karlsson |
Publsiher | : Unknown |
Total Pages | : 192 |
Release | : 2020 |
Genre | : Antitrust law |
ISBN | : 1509935444 |
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The problem of procedural fairness -- The essence of a procedure -- The structure and function of EU competition procedures -- Ethics for procedural architects -- The Model of fair rules -- Analysis of three fairness dilemmas -- An argument for a data-based democracy.
Fairness in Antitrust
Author | : Adi Ayal |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 235 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 9781782254027 |
Download Fairness in Antitrust Book in PDF, Epub and Kindle
What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.
Regulating Competition in Stock Markets
Author | : Lawrence R. Klein,Viktoria Dalko,Michael H. Wang |
Publsiher | : John Wiley & Sons |
Total Pages | : 403 |
Release | : 2012-04-25 |
Genre | : Business & Economics |
ISBN | : 9781118236864 |
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A guide to curbing monopoly power in stock markets Engaging and informative, Regulating Competition in Stock Markets skillfully analyzes the impact of the recent global financial crisis on health and happiness, and uses this opportunity to put regulatory systems in perspective. Happiness is lost because of emotional and physical health deterioration resulting from the crisis. Therefore, the authors conclude that financial crisis prevention should be the focus of public policy. This book is the most comprehensive study so far on potential risks to the stock market, especially various forms of market manipulation that lead to mania and eventual crisis. Based on litigation cases from international stock markets, and borrowing multidisciplinary findings in the fields of finance, economics, accounting, media studies, criminology, legal studies, psychology, and medicine, this book is the first to provide thorough micro-level regulatory proposals rooted in financial reality. By focusing on securities trading, they apply antitrust measures to limiting monopolistic power that is used for the manipulation of investors' perception and monopolistic profit. These proposals are quantifiable, adjustable, inexpensive, and can be easily implemented by any securities regulating agency for real-time oversight and daily operations. The recommendations found here are intended to improve the fairness and transparency of the financial markets, thereby perfecting the market competition, protecting investors, stabilizing the market, and preventing crises Explores how avoiding crises can to contribute to a more scientific, health aware, and civilized economic and social development Written by a team of authors who have extensive experience in this dynamic field, including Nobel Laureate Lawrence R. Klein Since the founding of the first, organized stock exchange in Amsterdam 400 years ago, no systematic economic research results on stock markets have been implemented in stock market regulation around the world. Regulating Competition in Stock Markets aims to fill this void.