The Role of Economic Analysis in EU Competition Law the European School Fourth Edition

Author: Doris Hildebrand
Publisher: International Competition Law
ISBN: 9789041162458
Format: PDF, ePub
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International Competition Law Series Volume 66 The Role of Economic Analysis in EU Competition Law, Fourth Edtionand in its revised and updated fourth edition, explores the full spectrum of the development of European economic approach in competition law. Almost two decades after the arrival of the and‘more economics based approachand’ to EU competition law, this economic school of thought, the European School, has been properly defined and is now in general used among competition law practitioners and their government counterparts. This approach, studied by Doris Hildebrand since the first edition of this now-classic work, implements the European cornerstones of the social market economy concept such as freedom of contract, social fairness, and the equality principle. In this edition, the author uncovers its multiple rationales as it has gradually formulated the legal principles of and‘competition economicsand’ that have come to underlie all matters related to Article 101 (1), Article 101 (3), Article 102, the Merger Regulation, and the State Aid provisions. As in previous editions, the bookand’s interdisciplinary approach integrates law and economics in such a way that economics in competition proceedings becomes easier to understand for lawyers not trained in economic theory or economic school of thoughts. It offers an in-depth description of and‘European Schooland’ theories and applications, particularly with respect to vertical and horizontal agreements. In addition, the book provides solid guidance on the definition of the relevant antitrust markets, with a detailed description of the hypothetical monopolist test. Whatand’s in this book: Among the fundamental elements discussed are the following: application of economics in the competition test as developed by the EU Courts; concrete economic analysis companies need to perform in order to qualify for an exemption; test procedures to assess whether a certain behaviour constitutes an abuse under Article 82; various methodologies to define markets; contrasting the European and Chicago schools; practical implementation of the EU social market economy objective in EU competition law; workable competition vs. effective competition; changes in the enforcement system; use of evidence in market definition practice; State Aid provisions; and empirical techniques used to evaluate a merger. All significant cases contributory to the development of European competition economics are discussed and analysed in detail. and‘The Frameand’, the first chapter that has been included in this edition, clearly demonstrates all the ways in which EU competition policy represents an essential foundation of the EU. Moreover and‘The Frameand’ elaborates that the social market economy objective as defined in the Lisbon Treaty is, from the economic perspective, the appropriate benchmark in any EU competition law assessment. This benchmark requires a holistic approach by taking into account and‘utilitiesand’ of EU citizens instead of focusing on price elements only. How will this help you: This new updated and revised edition has been greatly anticipated and will be widely welcomed. The book helps to develop expertise in applying the and‘more economics based approachand’ by citing the relevant case law. Competition lawyers, corporate in-house counsel, competition authorities, and courts will appreciate the bookand’s clear, understandable discussion of the relevant European competition theory, authoritative guidance on the application of economic analysis, and practical insight in dealing with these subjects in real-world cases. and

Merger Remedies in American and European Union Competition Law

Author: François Lévêque
Publisher: Edward Elgar Publishing
ISBN: 9781781957646
Format: PDF, Kindle
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This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinized and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.

EU Competition Law and Economics

Author: Damien Geradin
Publisher: OUP Oxford
ISBN: 0191637491
Format: PDF, ePub, Docs
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This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.

The Reform of EC Competition Law

Author: Ioannis Kokkoris
Publisher: Kluwer Law International
ISBN: 9041126929
Format: PDF, Docs
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This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.

The Role of Economic Analysis in the EC Competition Rules

Author: Doris Hildebrand
Publisher: Kluwer Law International
ISBN: 9041125132
Format: PDF
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The thesis of this now-classic work - that the European Commission and the Community Courts, under the necessity of forging an effective competition policy, created an entire new school of thought in economic theory that permeates the disciplinary boundary between law and economics - has been gaining ground among competition law practitioners and their government counterparts over the last decade. Now, in the book's third edition, the author explores the full spectrum of this development in detail, uncovering its multiple rationales as it has gradually formulated the legal principles of 'competition economics' that have come to underlie all matters related to Article 81 (1), Article 81 (3), Article 82, the Merger Regulation, and the State Aid provisions. Although clearly written for a legal audience, the book is interdisciplinary, integrating both law and economics in such a way that economics in competition proceedings becomes easier to understand for people not trained in economic theory. It offers an in-depth description of 'European School' theories and applications, particularly with respect to vertical and horizontal agreements and collective dominance. In addition, the book provides solid guidance on the definition of the relevant antitrust markets, with a detailed description of the appropriate methodology, the hypothetical monopolist test. Among the fundamental elements discussed are the following: ; the application of the competition test as developed by the Community Courts; the concrete economic analysis companies needs to perform in order to qualify for an exemption; the test procedures to assess whether a certain behaviour constitutes an abuse under Article 82; various methodologies to define markets; and empirical techniques used to evaluate a merger. This updated and revised third edition has been anticipated, and will be widely welcomed. Competition lawyers will appreciate the book's clear, understandable discussion of the relevant European competition theories, authoritative guidance on the application of economic analysis, and practical insight in dealing with these subjects.

EU Merger Control

Author: Ioannis Kokkoris
Publisher: OUP Oxford
ISBN: 9780199644131
Format: PDF, Docs
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Economic issues play a pivotal role in competition enforcement. Integrating economic and legal analysis throughout, this work provides expert coverage of both the substantive and procedural law relating to merger control in the EU, considering EU and national case law. The key substantive and procedural issues in the US are also considered.

Mergers and Merger Remedies in the EU

Author: Stephen Davies
Publisher: Edward Elgar Publishing
ISBN: 1847209971
Format: PDF, Mobi
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. . . for practitioners considering whether to use economists to evaluate merger proposals, this book provides a relevant insight into the types of information that would be necessary to develop even a basic simulation model, and some guidance as to circumstances where such technique may be appropriate. Vanessa Holliday, Competition and Consumer Law Journal . . . highly recommended for practitioners as well as academics interested in merger remedies. Arndt Christiansen, European Competition Law Review Headlines are made when the European Commission prohibits a merger, but this is actually very rare. Clearances subject to conditions (i.e. remedies) happen ten times as frequently, but have received far less attention in academic literature. This book provides an empirical assessment of the effectiveness of merger remedies, employing a novel simulation methodology based on formal economic theory. The authors were given unprecedented access to data available to case handlers, concerning a range of remedied mergers covering 21 markets. Using this they have adapted simple simulation techniques to appraise the competitive effects of these mergers and the impact of potential and actual remedies. Ex-ante results are then compared with ex-post impact to examine the actual effectiveness of remedies. The results provide a critique of both simple market share analysis and remedy design. This research thus contributes to economics research and practical merger policy. This rare empirical assessment of the efficacy of remedies in competition policy will be of great significance and interest to policy makers, as well as to economists, lawyers, practitioners and students in competition law.

European Commission Decisions on Competition

Author: Francesco Russo
Publisher: Cambridge University Press
ISBN: 1139487787
Format: PDF, Mobi
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European Commission Decisions on Competition provides a comprehensive economic classification and analysis of all European Commission decisions adopted pursuant to Articles 101, 102 and 106 of the FEU Treaty from 1962 to 2009. It also includes a sample of landmark European merger cases. The decisions are organised according to the principal economic theory applied in the case. For each economic category, the seminal Commission decision that became a reference point for that type of anticompetitive behaviour is described. For this, a fixed template format is used throughout the book. All subsequent decisions in which the same economic principle was applied are listed chronologically. It complements the most widely used textbooks in industrial organisation, competition economics and competition law, to which detailed references are offered. The book contains source material for teachers and students, scholars of competition law and economics, as well as practising competition lawyers and officials.

The Competitive Effects of Minority Shareholdings

Author: Panagiotis Fotis
Publisher: Bloomsbury Publishing
ISBN: 1509900888
Format: PDF, Docs
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The objective of this book is twofold. First, it presents the economics of minority shareholdings, under both merger and antitrust law. In particular, economic analysis provides both an overall assessment of minority shareholdings in the context of concentrations, and Articles 101 and 102 TFEU and the examination of the link between non-controlling minority shareholdings, merger control and antitrust law. Second, the book also provides a legal assessment and an analysis of selected case law. According to settled European case law, minority shareholdings are analysed not only under Regulation 139/2004, but also under Articles 101 and 102 TFEU. Nevertheless, according to current enforcement practice at European and international levels, several national competition authorities have adopted different approaches. The million dollar question is whether the existing regulatory framework is sufficient to cover all possible cases. In summary, the book will be a useful tool for students, practitioners, researchers, economic and legal experts and competition authorities. It provides a comprehensive survey of the subject, which has been missing until now and answers many questions that have been raised in the literature in the last decades.