Tag: Antitrust

Free Download The Battle for the Future of Antitrust: Brandeis, Bork, and Schumpeter by Aurelien Portuese
English | PDF EPUB (True) | 2024 | 139 Pages | ISBN : 3031757939 | 1.6 MB

Free Download Maciej Bernatt, "Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System"
English | 2022 | ISBN: 110848283X | PDF | pages: 274 | 1.4 mb
Competition law is designed to promote a consumer-friendly economy, but for the law to work in practice, competition agencies – and the courts who oversee them – must enforce it effectively and impartially. Today, however, the rule of populist governments is challenging the foundations of competition law in unprecedented ways. In this comprehensive work, Maciej Bernatt analyses these challenges and describes how populist governments have influenced national and regional (EU) competition law systems. Using empirical findings from Poland and Hungary, Bernatt proposes a new theoretical framework that will allow the illiberal influence of populism on competition law systems to be better measured and understood. Populism and Antitrust will be of interest not only to antitrust and constitutional law scholars, but also to those concerned about the future of liberal democracy and free markets.

Free Download Andrew Gavil, William Kovacic, Jonathan Baker, "Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy"
English | 2022 | ISBN: 1683282728 | PDF | pages: 933 | 7.6 mb
The Fourth Edition of Antitrust Law in Perspective has been thoroughly refreshed with new cases, new, revised, and updated Notes and Sidebars, some new Problems, and added content to help facilitate class discussion of the competition challenges of digital markets. New principal cases include NCAA v. Alston, Ohio v. American Express, Apple v. Pepper, and United States v. AT&T, all of which are accompanied by in-depth legal and economic analysis and thought-provoking queries to introduce students to the complex issues they pose. In addition, many new cases are cited and important recent commentary is noted. The authors have also streamlined and restructured some of the Notes and Sidebars, a unique feature of the book, to make them more accessible to students and easier for adopters to select the material they would like to assign and emphasize. The Fourth Edition also includes a new feature, four "Policy Exchanges" on topics including whether antitrust should be part of the policy arsenal to challenge wealth inequality, error cost analysis, the continued vitality of the Philadelphia National Bank presumption for mergers, and the propriety of procompetitive presumptions associated with vertical restraints. These "point-counterpoint" readings supplement the cases and provide discrete opportunities to explore some of the most contentious issues facing antitrust policy today. The book also includes two new digital market-focused case studies to Chapters 1 and 5, respectively, to introduce basic concepts of collusion and exclusion and the increasingly important role of potential competition analysis. The authors are acutely aware that the field of antitrust law may be at an inflection point. The body of law reflected in the book is largely the product of a generation of evolution that, until recently, seemed stable and well-accepted, but it may now be facing a crucial test. As always, the authors are committed to monitoring developments and supplementing the material in the book as needed to keep adopters and their students abreast of new cases and potential reforms.

Free Download Antitrust Consent Decrees in Theory and Practice: Why Less Is More By Richard A. Epstein
2007 | 156 Pages | ISBN: 0844742503 | PDF | 4 MB
For over one hundred years, the antitrust consent decree has been a major weapon in the federal enforcement of antitrust laws. In Antitrust Consent Decrees in Theory and Practice, Richard A. Epstein undertakes the first systematic study of their use and effectiveness from both a historical and analytical perspective.Epstein observes how differences in antitrust philosophy can shape the kinds of comprehensive settlements that the government will seek and the courts will grant. Epstein takes issue with aggressive antitrust enforcement strategies that seek to use government power to fundamentally alter industry structures or the business practices of regulated firms, in some instances leading to their breakup. To explain the perils of that approach, Epstein carefully examines the history of consent decree litigation, culminating in detailed studies of the AT&T breakup and the government antitrust actions against Microsoft.Applying modern theories of antitrust analysis, Epstein’s central thesis is that bold antitrust remedies that are not tightly tied to a defensible theory of wrongful conduct often prove counterproductive. Such measures typically force firms to adopt business practices and structural reorganizations that substantially impede their ability to compete effectively in the marketplace. The disparate fates of AT&T and Microsoft are the result of a major and fruitful shift in thinking about the use and limits on the antitrust laws in a wide variety of industrial contexts.Antitrust Consent Decrees in Theory and Practice will be of interest to any reader who is concerned with the larger implications of the government regulation of law and business. Epstein brings nearly forty years of personal knowledge and experience to this matter. Written in a clear and nontechnical style, this book should prove an invaluable resource to any student of regulation and economic policy, as well as lawyers and policymakers concerned with antitrust litigation.

Free Download Nuno Pires de Carvalho, "IP and Antitrust: Competition Policies of Intellectual Property in Eighty Cases"
English | ISBN: 9041160426 | 2015 | 504 pages | PDF | 3 MB
Consumers can make choices because of the differentiation that is preserved by intellectual property. Competition law informs intellectual property, generally with the intent of ensuring that it achieves this main purpose. However, very often, certain public policies relating to competition interfere with the way intellectual property should normally operate, either with the purpose of reinforcing its differentiating role, or with the objective of submitting it to other public goals – such as access to essential goods and services, or in recognition of situations where a given invention becomes part of a technical standard or is deemed dangerous to health or the environment.

Free Download Andrew I. I. Gavil, "The Microsoft Antitrust Cases: Competition Policy for the Twenty-first Century"
English | ISBN: 0262533308 | 2014 | 460 pages | EPUB | 842 KB
A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age.