The Limits Of Competition Policy

Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.

What the authors offer is a thoroughgoing analysis clearly demonstrating that, whatever economic path developing countries pursue, imposing Western-style antitrust regimes will engender uncertainty, chill economic behaviour, and foster an unhealthy climate for business. They employ the influential error-cost methodology to appraise the performance of competition policy and to show how such a policy creates irresolvable tensions in fragile economies with weak institutions - economies characterized by informal rules of business practice, long-standing symbiotic business-state relationships, and unpredictable state action. They mount a powerful critique of the arguments of neo-institutionalists (who fail to recognize the vulnerable nature of emerging market economies) and competition `advocates' (who presume to stand ready and vigilant to enforce competition policy on state entities). --

To what extent should public services (for example public utilities such as telecommunications, energy, public transport and postal services) be subject to ordinary competition law? This question has assumed great importance in the context of the activities of European Union. On the one hand, it is argued (particularly in France) that competition law is a threat to the values of public services that underlie their distinctive objectives. On the other, the 'Anglo-Saxon' argument is thatprotecting public services from competition gives them an unfairly protected position and can mask their inefficiencies. This book examines the philosophical, political, economic, and social principles involved. Prosser contrasts the mainly economic and utilitarian justifications for the use of competition law with rights- and citizenship-based arguments for the special treatment of public services, and examines the varied conceptions of the differing traditions in the UK, France, and Italy. Prosser then considers the developing European law in this area. He examines decisions of the European Court of Justice, considers the development of the concept of 'services of general interest' by the Commission, and reviews the liberalization process in telecommunications, energy, and postal services. He also provides a detailed case-study of public service broadcasting. The book concludes by drawing general principles from the debates about the extent to which public services merit distinctive treatment and the extent to which competition law must be amended or limited to respect their distinctive roles.

This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the .economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more .economic approach' has led to a modernisation of competition law throughout the world. This book comprehensivelyexamines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economicsin the field of competition will also find this book invaluable.

This book provides a comprehensive overview of the economic and competition policy issues that buyer power creates. Drawing on economic analysis and cases from around the world, it explains why conventional seller side standards and analyses do not provide an adequate framework for responding to the problems that buyer power can create. Based on evidence that abuse of buyer power is a serious problem for the competitive process, the book evaluates the potential for competition law to deal directly with the problems of abuse either through conventional competition law or special rules aimed at abusive conduct. The author also examines controls over buying groups and mergers as potentially more useful responses to risks created by undue buyer power.

How can Europe, the United States, and Japan stop the technological, trade, and financial war on which they have increasingly and wastefully embarked? How can they direct the development and uses of science and technology and the economy in the interests of the well-being of the 8 billion people who will inhabit the planet in 2010-2020? Limits to Competitionboldly frames international political economy and globalization debates within the new overarching ideology of competition and offers a balancing voice. The word compete originally meant "to seek together," but in our time it has taken on more adversarial connotations and has become a rallying cry of both firms and governments, often with devastating consequences. Limits to Competitionexplores the question of whether free-market competition can indeed deliver the full range of needs for sustainable development. Is competition the best instrument for coping with increasingly severe environmental, demographic, economic, and social problems at a global level?

As countries large and small, rich and poor are drawn inexorably into the global economy, protectionist policies are proving increasingly inefficient and ineffective for driving growth. The countries of Latin America, which have long pursued agendas of state ownership and heavy regulation of key industries, began to institute a series of reforms in the 1980s and 1990s, designed to promote competition and business creation. However, without the legal and institutional framework to support these policies (and thus guarantee resource-efficient behavior on the part of business owners), the record has been spotty at best. Competition Policies in Emerging Economies features in-depth analysis of two key industries—telecommunications and banking—in several Central American nations to shed light on the dynamics of the transition to deregulation and trade liberalization, and learn from the experiences of these economies. This book has a three-fold purpose: (1) to examine the competition conditions and policies of small developing countries of Central America (and hence cover an area where very little information exists); (2) develop an in-depth analysis of regulation and competition policies in two key industrial sectors with poor competition records (telecommunications and banking); (3) link the former results analysis with other international experiences, in order to derive research and policy recommendations that can be applied to other small, developing, and emerging economies. Featuring discussion of political, legal, economic, financial, cultural, and organization-level issues, the book provides unique perspectives on the forces resisting competitive practices and offers suggestions for overcoming them.

This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.