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FairEconomy
FairEconomy is a concept for a free and fair market economy. In response to the financial and economic crises of the past years, the authors develop fundamental ideas of how a market economy works, what rules markets need and who safeguards fairness and equal opportunity in such an economy. The book sets out the design of a sustainable market order: Going back to the very roots of doing business it offers a fascinating insight into the cultural and anthropological premises of the market economy. Fairness and free competition can be identified as key elements of successful markets, sometimes neglected in politics and business. Legal rules need to ensure that fairness and economic freedom work. The same holds true for the relationship of risk and liability that has been overlooked in the banking sector. The ideas of a FairEconomy, sketched in this book, are fit to become a reality: The authors point to institutions and mechanisms that could integrate the concept into global law. They place their trust less upon ever-larger institutions and more on private entitlement and enforcement at the global, regional, and local levels.
Competition on the Internet
Undeniably widespread and powerful as it is, the Internet is not almighty: it can reach as high as the skies (cloud computing), but it cannot escape competition. Yet, safeguarding competition in “the network of networks” is not without challenges: not only are competitive processes in platform-based industries complex, so is competition law analysis. The latter is often challenged by the difficulties in predicting the outcome of competition, in particular in terms of innovation. Do the specific competition law issues in a digital environment presuppose a reconsideration of competition law concepts and their application? Can current competition law tools be adjusted to the rush pace of dynamic industries? To what extent could competition law be supplemented by regulation – is the latter a foe or rather an ally? This book provides an analysis of recent developments in the most relevant competition law cases in a digital environment on both sides of the Atlantic (the EU and the US) and assesses platform competition issues from a legal as well as an economic point of view.
EU Law and Economics
The intersection between law and economics is a dynamic field of research. Yet, European law has so far not been the subject of comprehensive, systematic economic analysis. Instead issues such as the European debt crisis, COVID-19 pandemic, and the climate emergency have largely escaped scholarly analysis through the nexus of EU law and economics. EU Law and Economics closes this gap, providing an overview of the application of economics to the institutional, procedural, and substantive aspects of European law. Drawing on various branches of the economic sciences - including rational choice and game theory, and institutional and behavioural economics - this book goes beyond conventional meth...
Regulating Competition in the EU
This revised and updated edition of a basic sourcebook and practice guide in EU competition law retains the first edition’s significantly broader perspective on EU competition law than most books in the field. It explains not only the traditional areas of competition law but also aspects of competition law that are of particular importance to practitioners. With its comprehensive overview of relevant provisions related to competition, among others, the authors shed clear light on the following topics and the interplay between these different areas of competition law: the prohibition of agreements which restrict competition; the prohibition of abuse of dominant position; the rules on merger...
Antitrust and Upstream Platform Power Plays
In recent years, large digital platforms have been in the doghouse of antitrust decision-makers worldwide. 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 obvious answer—'yes'—is deceptively simple for a number of re...
Research Handbook in Data Science and Law
The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
Private Law and Competition Regulation
This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework. Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation. The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.
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 Roles of Innovation in Competition Law Analysis
Rapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation.
Essential Interoperability Standards
Proposes a new expert-led international instrument to address access to essential technical standards.
