The Future Development Of Competition Framework

Download or read book The Future Development of Competition Framework written by Zongle Huang and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved. The Future Development of Competition Framework presents papers and speeches by well-known competition law practitioners versed in competition law and policy, including representatives of national competition authorities. They came from a variety of countries ? including France, Germany, Canada, Mexico, Indonesia, Malaysia, Russia, Japan, Australia, Taiwan, Korea and the United States ? to attend a 2003 conference sponsored by the Taiwan Fair Trade Commission. The book reproduces texts of the various contributions to the conference, including a roundtable discussion. Among the topics addressed are the following: mergers and acquisitions; political interests; enforcement policies and sanctions; national cultures and traditions; international cartels; regional cooperation; concentration indexes and dominance indexes; patent pools; financial deregulation; confidentiality measures; technical assistance; striking the right balance between competition and regulation; reconciling competition policy and development policies. Although they are especially valuable for their concentration on the Asia Pacific countries, these discussions will be of incalculable value to practitioners and academics everywhere who are involved in any of the interconnected branches of economic law or policy covered here.

Download or read book The Future of Competitive Strategy written by Mohan Subramaniam and published by MIT Press. This book was released on 2022-08-16 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: How legacy firms can combine their traditional strengths with the power of data and digital ecosystems to forge a new competitive strategy for the digital era. How can legacy firms remain relevant in the digital era? In The Future of Competitive Strategy, strategic management expert Mohan Subramaniam explains how firms can leverage both their traditional strengths and the modern-day power of data and digital ecosystems to forge a new competitive strategy. Drawing on the experiences of a range of companies, including Caterpillar, Sleep Number, and Whirlpool, he explains how firms can benefit from data’s enlarged role in modern business, develop digital ecosystems tailored to their unique business needs, and use new frameworks to harness the power of data for competitive advantage. Subramaniam presents digital ecosystems as a combination of production and consumption ecosystems, which can be used by legacy firms to unlock the value of data at various levels—from improving operational efficiencies to creating new data-driven services and transforming traditional products into digital platforms. He explores the ways sensors and the Internet of Things provide new kinds of customer data; presents the concept of digital competitors—other firms that have access to similar data; discusses the new digital capabilities that firms need to develop; and addresses privacy and security issues associated with data sharing. Who needs this book? Any firm that wants to revitalize traditional business models, offer a richer customer experience, and expand its competitive arena into new digital ecosystems.

Download or read book Antitrust Law in Brazil written by Eduardo Molan Gaban and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and conduct controls); evaluation of barriers to entry and rivalry in analysed markets; assessment of proof and circumstantial evidence within CADE case law and court decisions; examination of rational justifications for practices under investigation; legality of exchange of information; leniency agreements; cease and desist agreements; cultural issues and modifications; civil and criminal enforcement; private damages considerations; and the role of international and regional competition law regimes (OECD, UNCTAD, WTO, ICN, Mercosur). The book’s consolidated research on Brazil’s cartel investigations clearly describes the main defence theories and the courts’ decisions. The authors also explore the relationship of Brazil’s antitrust law to the country’s public policies in the areas of consumer rights, public procurement, and measures against corruption, with special emphasis on the synergies arising from antitrust law and consumer protection. It is worth noting that the studies carried out in this book discussed Law No. 8884/94 (Brazilian Antitrust Law) and the New Brazilian Antitrust Law, which was passed on 5 October 2011 and which will be enforced in 2012. With its unique synthesis of constitutional law, comparative antitrust law, and CADE’s case law, this book will be welcomed by competition lawyers and other parties interested in methods and procedures used in merger and conduct control, and especially in anti-cartel enforcement, in developing countries.

Download or read book Economic Efficiency written by Ben Van Rompuy and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, we have witnessed an apparent convergence of views among competition agency officials in the European Union and the United States on the appropriate goals of competition law enforcement. Antitrust policy, it is now suggested, should focus on enhancing economic efficiency, which we are to believe will promote consumer welfare. Recent EU Commission Guidelines on the application of Article 101 TFEU appear to banish considerations that cannot be construed as having an economic efficiency value – such as the environment, cultural policy, employment, public health, and consumer protection – from the application of Article 101 TFEU. Arguing that the professed adoption of an exclusive efficiency approach to Article 101 TFEU does not preclude, but rather obfuscates the role of non-efficiency considerations, the author of this timely contribution accomplishes the following objectives: traces the genesis of the shift to an efficiency orientation in EU and US antitrust policy and dispels several ingrained misconceptions that underpin it; demonstrates the close interrelationship between evolving images of the purpose of antitrust, the development of related enforcement norms, and enforcement output; provides in-depth analyses of a number of analytically rich cases in the audiovisual sector (and particularly those related to sports rights); and explores what the role of non-efficiency considerations in the application of Article 101 TFEU could and should be under the modernized enforcement regime.

Download or read book Directory of EU Case Law on State Aids written by Cees Dekker and published by Kluwer Law International B.V.. This book was released on 2024-09-24 with total page 909 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book covers the relevant case law of both courts. There is additional material on many subjects, among which the concept of State aid, direct taxation and the State aid provisions, particularly on tax rulings, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids. With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107–109 TFEU, including the following and much more: territorial scope of State aids; Article 107(1) European Commission and World Trade Organization Agreements; conditions for categorizing a national measure as State aid; free movement of goods; undertakings; private versus public investment; justification of selective measures; interstate trade and competition; tax measures; restructuring aids; procedural aspects; and locus standi of trade associations. In many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this updated edition of the preeminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.

Download or read book An Institutional Assessment of Antitrust Policy written by I. De Leon and published by Kluwer Law International B.V.. This book was released on 2009-04-20 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust policy nominally plays an instrumental public interest role. The generally accepted notion is that it is a government instrument designed to intervene in relatively unregulated markets in order to preserve rivalry among independent buyers and sellers. Competition authorities are supposed to restrain business conduct that exercises monopoly power aimed at excluding competitors or exploiting consumers and clients. Thus it can be said – although few pro-market theorists make the insight explicit – that antitrust provisions reveal mistrust of the capacity of markets to promote social welfare. The inner logic, enforcement mechanisms, and practical outcomes of antitrust provisions are all intrinsically contradictory to the natural dynamic course of market functioning. In Dr. De Leon’s challenging thesis, this mistrust of the market lies at the root of antitrust policy, giving rise always to a preference towards ‘predicting’ the result of impersonal market forces rather than interpreting the entrepreneurial behaviour which creates those forces. And it is in Latin America that he finds the powerful evidence he needs to support his case. From the formative years of Latin American economic institutions, during the Spanish Empire, economic regulations – far from being driven by the pursuit of promoting free trade and economic freedom – have been conceived, enacted and implemented in the context of deeply anti-market public policies, trade mercantilism and government dirigisme. The so-called “neoliberal” revolution of the 1990s triggered by the Washington Consensus did not really change the interventionist innuendo of these policies, but merely restated the social welfare goal to be achieved: the pursuit of economic efficiency. Dr. De Leon presents his case against the assumption that consumer welfare orientated policies such as antitrust do really promote entrepreneurship and market goals. Paradoxically, antitrust enforcement has undermined the transparency of market institutions, in the name of promoting market competition. The author’s provocative analysis marshals several sets of facts in support of his thesis, including the actual functioning of antitrust policy as reflected in case law in various Latin American countries, the preference of merger control over other less intrusive forms of market surveillance, the constrained role of competition advocacy against government acts, and the ineffective institutional structure created to apply the policy. Among the many specific topics treated are the following: government immunity; strategic industries; state-owned enterprises; politically influential groups; measurement of market concentration; the burden of proof of social welfare benefits; the role of joint trade associations and professional guilds; institutional arrangements that favour collusion; selective distribution; sector regulation; erosion of property rights; marginal role of courts in the antitrust system; leniency programs; and privatized public utilities. The growing significance of Latin America in the context of economic globalization endows this book with huge international interest. Written by a leading authority on the topic, this is the first book that presents a detailed description of Latin American antitrust law and policy as it has been developed through numerous judicial opinions. A wide variety of audiences around the world will find it of extraordinary value: competition law specialists, scholars and students of the subject, policymakers and politicians in Latin America, as well as all interested lawyers, jurists, and economists.

Download or read book Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 24 (2006) written by and published by BRILL. This book was released on 2020-02-03 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to Asia-Pacific and the Republic of China on Taiwan.