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The Normative Foundations of European Competition Law
Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.
The Historical Foundations of EU Competition Law
A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.
The Development of European Competition Policy
This book considers a central issue of our time: the relationship between the macroeconomic objectives of political parties in democratic countries and the legal framework of market economies. The impressive panel of contributors examines social-democratic policies on cartels, market concentration and competition in different European countries, spanning a hundred-year period (specifically the interwar period, the initial postwar period, the 1960s and 1970s, the 1980s and 1990s, and the 2000s). This thought-provoking volume challenges the dominant belief that the EU’s economic system and competition policy were mainly influenced by neoliberal economic thinking, instead showing that Keynesian and social-democratic positions played a major role in the emergence of this system. It will be valuable reading for advanced students, researchers and policymakers interested in modern economic history, industrial organization, political economy, European legal history and political science.
The Sale of Misattributed Artworks and Antiques at Auction
In this thoroughly revised second edition, Anne Laure Bandle explores the process of attribution of artworks and antiques at auction and the commercial directive of auction houses when authenticating art and protecting themselves against misattributions. Bandle provides an extensive study of the phenomenon of ÔsleepersÕ through an in-depth analysis of the contractual relationships, liabilities and remedies that arise in the context of auction sales.
Hostile Takeovers of Large Jewish Companies, 1933–1935
Opportunism combined with anti-Semitism led non-Nazi businessmen to acquire the largest German-Jewish companies in the period 1933–1935. These hostile takeovers were made possible by the Deutsche Bank and Dresdner Bank, which recalled loans previously extended to Jewish firms. Thereby Germany's largest banks obtained new loan fees, new supervisory board seats and became the house banks for the new Gentile-owned firms. The German judiciary did not defend Jewish property rights, because judges shared the same conservative mindset. Scholarship has previously not discovered this 1933–1935 paradigm because of a focus on Berlin government or Nazi Party actions, instead of the Jewish companies. In addition, a failure to distinguish between multi-million dollar enterprises and tiny shops caused scholars to emphasize the year 1938, when thousands of mom-and-pop shops became bankrupt.
Restoring Consumer Sovereignty
In today's highly concentrated marketplaces, social and cultural values--such as the lifestyle connotations that manufacturers and sellers confer upon their goods--often shape consumers' prior beliefs and attitudes and affect the weight given to new information by consumers who make purchasing decisions in the marketplace. Such consumer goods present the largely unexplored problem of contemporary market regulatory theory according to which an increased amount of product differentiation has rendered everyday purchasing decisions such as the choice between an iPhone or a Samsung Galaxy Note as much a matter of personal identity rather than merely one of tangible product attributes. The basic c...
The Goals of Competition Law
What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare. The book brings together contributions on the relevance of different welfare standards, on the concept of 'freedom to compete' and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as mar.
Antitrust and Upstream Platform Power Plays
Large digital platforms have been in the doghouse of antitrust decision-makers worldwide in recent years. Antitrust regulators agree, urgent intervention is needed. Interestingly, it is the plight of victimized suppliers—of merchants, app developers, publishers, platform labourers, and the like, who are upstream in the value chain—that has topped the policy agenda, prompting scrutiny of an almost unprecedented intensity. Amid such anxieties, Antitrust and Upstream Platform Power Plays asks a somewhat provocative question: Are upstream platform power plays really 'competition problems', and ones for antitrust, at that? The apparently obvious answer—'yes'—is deceptively simple for a nu...
European Competition Law
This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission'sinvestigations, for example, the opened procedure against Google. Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (including France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.
Technologie et concurrence – Technology and Competition
Hanns Ullrich, this highly renowned legal scholar, has had a tremendous influence on legal research and the development of the law in the fields of both Technology and Competition. His expertise dates back to the late 1970s and early 1980s, when he served as a member of the research staff at the Max Planck Institute for Intellectual Property in Munich. In 1985, he became professor of law at the "Universität der Bundeswehr", Munich, and finally, in 2000, professor at the european University Institute, florence. He has acted as visiting professor at a number of Universities around the worldincluding, in particular, the College of Europe, Bruges. The authors of the contributions in this book feel greatly indebted to Hanns Ullrich. Much earlier than others, he recognised and explained that, in the absence of pressure from competition, intellectual property will not be able to fulfil its mission of enhancing innovation. In concentrating on the fields of interest of this eminent scholar, the contributions address a number of the most burning issues of the regulation of intellectual property, competition law and, of course, the application of competition law to IP-related cases.
