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Antitrust: Statutes, Treaties, Regulations, Guidelines, and Policies, 2011-2012
by John J. Flynn Harry First Darren BushThis compilation contains the major statutes, treaties, regulations, guidelines, and policies affecting antitrust law. This edition includes the Sherman and Clayton Acts, the most recent federal guidelines (including the new Horizontal Merger Guidelines), procedural statutes and exemptions, as well as international agreements and treaties. Useful for students and practitioners alike.
Antitrust: Taking on Monopoly Power from the Gilded Age to the Digital Age
by Amy KlobucharAntitrust enforcement is one of the most pressing issues facing America today—and Amy Klobuchar, the widely respected senior senator from Minnesota, is leading the charge. This fascinating history of the antitrust movement shows us what led to the present moment and offers achievable solutions to prevent monopolies, promote business competition, and encourage innovation. <P><P>In a world where Google reportedly controls 90 percent of the search engine market and Big Pharma’s drug price hikes impact healthcare accessibility, monopolies can hurt consumers and cause marketplace stagnation. Klobuchar—the much-admired former candidate for president of the United States—argues for swift, sweeping reform in economic, legislative, social welfare, and human rights policies, and describes plans, ideas, and legislative proposals designed to strengthen antitrust laws and antitrust enforcement. <P>Klobuchar writes of the historic and current fights against monopolies in America, from Standard Oil and the Sherman Anti-Trust Act to the Progressive Era's trust-busters; from the breakup of Ma Bell (formerly the world's biggest company and largest private telephone system) to the pricing monopoly of Big Pharma and the future of the giant tech companies like Facebook, Amazon, and Google. She begins with the Gilded Age (1870s-1900), when builders of fortunes and rapacious robber barons such as J. P. Morgan, John Rockefeller, and Cornelius Vanderbilt were reaping vast fortunes as industrialization swept across the American landscape, with the rich getting vastly richer and the poor, poorer. <P><P>She discusses President Theodore Roosevelt, who, during the Progressive Era (1890s-1920), "busted" the trusts, breaking up monopolies; the Clayton Act of 1914; the Federal Trade Commission Act of 1914; and the Celler-Kefauver Act of 1950, which it strengthened the Clayton Act. She explores today's Big Pharma and its price-gouging; and tech, television, content, and agriculture communities and how a marketplace with few players, or one in which one company dominates distribution, can hurt consumer prices and stifle innovation. <P><P>As the ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Klobuchar provides a fascinating exploration of antitrust in America and offers a way forward to protect all Americans from the dangers of curtailed competition, and from vast information gathering, through monopolies. <P><P><b>A New York Times Best Seller</b>
Antitrust: Examples and Explanations (Second Edition)
by SagersA favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
Antitrust Analysis: Problems, Text, and Cases Seventh Edition
by Phillip E. Areeda Aaron S. Edlin Louis KaplowAspen Casebook Series This text continues to be revised by two of the leading lawyer economists of the early 21st century. This traditional casebook is also known for its pedagogy (cases, explanatory text, and problems) and insightful text that convey essentials background information along with necessary economic principles. Many important contemporary discussions have been updated, such as improved intellectual property, market definition, and collusion.
Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Bruce Kilpatrick Pierre Kobel Pranvera KëlleziThis book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject.The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things.The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Antitrust and the Formation of the Postwar World (Columbia Studies in Contemporary American History)
by Wyatt WellsToday antitrust law shapes the policy of almost every large company, no matter where headquartered. But this wasn't always the case. Before World War II, the laws of most industrial countries tolerated and even encouraged cartels, whereas American statutes banned them. In the wake of World War II, the United States devoted considerable resources to building a liberal economic order, which Washington believed was necessary to preserving not only prosperity but also peace after the war. Antitrust was a cornerstone of that policy. <P><P>This fascinating book shows how the United States sought to impose—and with what results—its antitrust policy on other nations, especially in Europe and Japan. Wyatt Wells chronicles how the attack on cartels and monopoly abroad affected everything from energy policy and trade negotiations to the occupation of Germany and Japan. He shows how a small group of zealots led by Thurman Arnold, who became head of the Justice Department's Antitrust Division in 1938, targeted cartels and large companies throughout the world: IG Farben of Germany, Mitsui and Mitsubishi of Japan, Imperial Chemical Industries of Britain, Philips of the Netherlands, DuPont and General Electric of the United States, and more. Wells brilliantly shows how subsequently, the architects of the postwar economy—notably Lucius Clay, John McCloy, William Clayton, Jean Monnet, and Ludwig Erhard—uncoupled political ideology from antitrust policy, transforming Arnold's effort into a means to promote business efficiency and encourage competition.
Antitrust and the Triumph of Economics: Institutions, Expertise, and Policy Change
by Marc Allen EisnerSome of the chief aims of President Ronald Reagan's economic agenda were to reduce the "regulatory burden," minimize state intervention, and reinvigorate market mechanisms. Toward these ends, his administration limited antitrust enforcement to technical cases of price-fixing, invoking the doctrine of the Chicago school of economics. In Antitrust and the Triumph of Economics, Marc Eisner shows that the so-called "Reagan revolution" was but an extension of well-established trends. He examines organizational and procedural changes in the Antitrust Division of the Department of Jusice and the Federal Trade Commission that predated the 1980 election and forced the subsequent redefinition of policy.During their early years, the Antitrust Division and the FTC gave little attention to economic analysis. In the period following World War II, however, economic analysis assumed an increasingly important role in both agencies, and economists rose in status from being members of support staff to being pivotal decision makers who, in effect, shaped the policies for which elected officials were generally assumed to be responsible.In the 1960s and 1970s, critical shifts in prevailing economic theory within the academic community were transmitted into the agencies. This had a profound effect on how antitrust was conceptualized in the federal government. Thus, when Ronald Reagan became president in 1981, the antitrust agencies were already pursuing a conservative enforcement program.Eisner's study challenges dominant explanations of policy change through a focus on institutional evolution. It has important implications for current debates on the state, professionalization, and the delegation of authority.Originally published in 1991.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The Antitrust Division of the Department of Justice: Complete Reports of the First 100 Years (Columbia University Seminar Ser. #Vol. 2)
by Theodore P. KovaleffAnalyzes the newly available statistical evidence on income distribution in the former Soviet Union both by social group and by republic, and considers the significance of inequalities as a factor contributing to the demise of the Communist regime.
The Antitrust Enterprise: Principle and Execution
by Herbert HovenkampAfter thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. <P><P>The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
The Antitrust Enterprise: Principle and Execution
by Herbert HovenkampAfter thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Antitrust Federalism in the EU and the US (Routledge Research in Competition Law)
by Firat CengizThe EU and the US are the preeminent examples of multi-level polities and both have highly developed competition policies. Despite these similarities however, recent developments suggest that they are moving in different directions in the area of antitrust federalism. This book examines multi-level governance in competition policy from a comparative perspective. The book analyses how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. Inspired by the increasingly divergent policy developments taking place on both sides of the Atlantic, the author asks whether the EU and the US can draw policy lessons from each other’s experiences in antitrust federalism. Antitrust Federalism in the EU and the US reveals the similarities and differences between the European and American models of antitrust federalism whilst employing policy network models in its comparative analysis of issues such as opacity and accountability in networks. The book is essentially multidisciplinary in its effort to initiate dialogue between the Law and Political Science literatures in this field. This book will be of particular interest to academics, students and practitioners of Competition Law, Constitutional Law and Political Science.
Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Bruce Kilpatrick Pierre Kobel Pranvera KëlleziThis publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules. These businesses account for 99% of the enterprises in Europe and the United States, making this a particularly important topic. The papers consider both the public and private enforcement rules across a range of jurisdictions and a detailed international report, prepared by Michele Carpagnano, identifies general trends and highlights differences and the most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition question of whether a company could or should be protected against the use of their trademark, distinctive signs and other components of their image and identity on the part of non-competing companies. The papers focus on the fundamental issue of the competitive relationship as a condition of protection under unfair competition acts and the connection to intellectual property protection. The comprehensive and insightful international report, prepared by Martine Karsenty-Ricard, brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The International League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Bruce Kilpatrick Pierre Kobel Pranvera KëlleziThis book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Antitrust in Pharmaceutical Markets & Geographical Rules of Origin (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Bruce Kilpatrick Pierre Kobel Pranvera KëlleziThis book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law. The second part of the book gathers contributions from various jurisdictions on the topic of "What rules should govern claims by suppliers about the national or geographic origin of their goods or services?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with indications of origin, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Antitrust in the Groceries Sector & Liability Issues in Relation to Corporate Social Responsibility (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Bruce Kilpatrick Pierre Kobel Pranvera KëlleziThe book provides an analysis of the grocery retail market in a very large number of countries with an international report written by an economist. The second part of the book offers the analysis of liability issues in relation to non-compliance with CSRs with an international report by a British barrister. Both topics are very timely.
Antitrust Institutions and Policies in the Globalising Economy (International Political Economy Series)
by Eleonora PoliEleonora Poli analyses how ideas and material interests have come to determine the evolution of antitrust policies in the USA, EU, Japan and BRICS. She argues that three major economic crises together with market globalisation have changed governments' perceptions of market competition, giving rise to a neo-liberal global phase.
Antitrust Law and Mergers (Routledge Research in Competition Law)
by null David HansenThis book discusses the economic models and quantitative research involved in merger control forecasts and the relationship between antitrust law and economics. Analyzing qualitative and quantitative models within forecasts of merger control, the book applies the framework of antitrust law.This book proposes that economic modelling, econometrics application and juridical application of antitrust law go hand in hand. Discussing the question of an economically rational application and enforcement of antitrust and merger control law, the book covers both the basic concepts and theory behind economic model forecasts, as well as the application of merger control law. It also takes a closer look at legal control options for competition authorities when making a forecast decision and the associated problems of applying the law to this.The book will be of interest to researchers in the field of antitrust law, competition law, economics and corporate law.
Antitrust Law In Perspective: Cases, Concepts And Problems In Competition Policy
by Andrew Gavil William Kovacic Jonathan Baker Joshua WrightThe third edition of Gavil, Kovacic and Baker's Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy thoroughly updates the second edition. It includes a more accessible treatment of the rule of reason, a further modernized treatment of collusion, the most comprehensive merger chapter available, an innovative new chapter on distribution strategies, and a refreshed and updated treatment of intellectual property and innovation. For the third edition, the authors are joined by former FTC Commissioner Joshua D. Wright, who is now University Professor and Executive Director of the Global Antitrust Institute at the Antonin Scalia Law School at George Mason University.
Antitrust Law, Second Edition
by Richard A. PosnerWhen it was first published a quarter of a century ago, Richard Posner's exposition and defense of an economic approach to antitrust law was a jeremiad against the intellectual disarray that then characterized the field. As other perspectives on antitrust law have fallen away, Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges, and scholars agree that the primary goal of antitrust laws should be to promote economic welfare, and that economic theory should be used to determine how well business practices conform to that goal. In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The "new economy," for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, Posner explains how the economic approach can be applied to new industries such as software manufacturers, Internet service providers, and those that provide communications equipment and services. "The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently. " This fully revised classic will continue to be the standard work in the field.
The Antitrust Paradigm: Restoring a Competitive Economy
by Jonathan B. BakerAt a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
Antitrust Policy in Health Care Markets
by Roger D. Blair Christine Piette Durrance Tirza J. AngerhoferHealth care costs in the United States are much higher than in other countries. These cost differences can be explained in part by a lack of competition in the United States. Some markets, such as pharmaceuticals and medical equipment, have elements of monopoly. Other markets, such as health insurance, have elements of monopsony. Many other markets may be subject to collusion on prices, such as generic drugs, or wages, such as the nurse labor market. Lawful monopoly and monopsony are beyond the reach of antitrust laws, but collusion is not. When appropriate, vigorous antitrust enforcement challenging anticompetitive conduct can aid in reducing health care costs. This book addresses monopoly, monopsony, cartels of sellers and buyers, horizontal and vertical merger policy, and antitrust enforcement through private suits as well as the efforts of the antitrust Agencies. The authors demonstrate how enforcing antitrust laws can ultimately promote competition and reduce health care costs.
Antitrust Regulations in a Global Setting: The EU Investigation of the GE/Honeywell Merger
by Mihir A. Desai Belen Villalonga Mark F. VeblenHelps students understand the principles underlying competition and antitrust policy in the context of the proposed GE-Honeywell merger. The U.S. Department of Justice has already approved the transaction and it is being considered by the European Commission. The Competition Commissioner, Mario Monti, must analyze the economic consequences of the proposed merger and evaluate how it will affect competitors, customers, and product markets. He must also address key policy choices. In understanding the nuances of the transaction, students identify different sources of value and must confront the question of whether the efficiencies generated enhance social welfare in the long run. The decision of whether to approve the merger, and on what terms, provides students with insights into the complexities of operating under multiple regulatory regimes.
Antitrust, the Market and the State: Contributions of Walter Adams
by James W. Brock Kenneth G. ElzingaUsing the metaphor of the socially constructed organization of space, this text takes a broad view of the evolution of urban America, from its historical roots to the present. It examines how policies respond to and affect the organization of space, and it looks to the future of American cities.
Antitumor Drug Radiation Interactions
by Bridget T. HillThis volume reviews the experimental data on drug-radiation interactions. Special emphasis is placed on clinically-useful antitumor drugs. Particular reference is made to appropriate timing, concentration and sequencing of drug-radiation combinations. It includes discussions on the relative merits of experimental data derived from animal versus human tumors. This book also presents a section on the potential for new model systems or alternative test procedures for evaluating therapeutic benefits and cytotoxicities. Results of randomized clinical studies are reviewed with emphasis on recent studies involving protocols specifically designed to test the benefits from optimal integration of chemotherapy with radiotherapy. This book is intended for laboratory researchers in the field and clinicians interested in using the combined modality approach. It is also a useful resource for radiologists, oncologists, and all those interested in cancer research.
Antitumor Potential and other Emerging Medicinal Properties of Natural Compounds
by Tzi Bun Ng Evandro Fei FangThe modern unhealthy diet and lifestyle in conjunction with pathogens, environmental carcinogens and multiple other risk factors increase humans' susceptibility to different diseases exemplified by elevated levels of cancers, cardiovascular and communicable diseases. Screening of potential drugs from medicinal plants and animals provides a promising strategy for the alleviation of the impact of these diseases. Components with potential medicinal applications include RIPs, RNases, lectins, protease inhibitors and numerous small compounds. These compounds have shown both preventive and therapeutic effects for humans. This book is a compilation of articles written by internationally renowned experts exploring the different uses of medicinal compounds in human therapeutics. Here we provide a comprehensive outlook on both qualitative and quantitative studies focusing on medicinal plants and animals, and establishing a link between laboratory research discovery and clinical applications.