Consortium Bidding Guide
... Excluding efficient SMEs from public procurement could potentially have a detrimental impact on competition. For example, it may have the effect of excluding smaller firms or new entrants with innovative solutions, thereby reducing the value for money that the State can achieve. It may also reduce t ...
... Excluding efficient SMEs from public procurement could potentially have a detrimental impact on competition. For example, it may have the effect of excluding smaller firms or new entrants with innovative solutions, thereby reducing the value for money that the State can achieve. It may also reduce t ...
Legal Implications of Network Economic Effects
... lies mandated governmental intervention, most particularly in the form of price regulation.12 The case for automatic price regulation in natural monopoly markets has weakened in recent years,13 but the analytical structure remains essentially the same. Classical theory approaches most increasing ret ...
... lies mandated governmental intervention, most particularly in the form of price regulation.12 The case for automatic price regulation in natural monopoly markets has weakened in recent years,13 but the analytical structure remains essentially the same. Classical theory approaches most increasing ret ...
On the Meaning of Horizontal Agreements in Competition Law
... price fixing and related practices outright. Under U.S. antitrust law—the focus of this Article for concreteness and due to the author’s familiarity—price-fixing agreements are deemed to be per se illegal, giving rise to criminal sanctions as well as treble damages. In the European Union and most ot ...
... price fixing and related practices outright. Under U.S. antitrust law—the focus of this Article for concreteness and due to the author’s familiarity—price-fixing agreements are deemed to be per se illegal, giving rise to criminal sanctions as well as treble damages. In the European Union and most ot ...
The Expanding Missouri Merchandising Practices Act
... that some practices might occasionally harm individual consumers, yet prove broadly beneficial to consumers and commerce as a whole, and entrusted the FTC with this calculus in its enforcement discretion.19 In short, the FTC Act sought to deter consumer harm by issuing a firm and broad pro-consumer ...
... that some practices might occasionally harm individual consumers, yet prove broadly beneficial to consumers and commerce as a whole, and entrusted the FTC with this calculus in its enforcement discretion.19 In short, the FTC Act sought to deter consumer harm by issuing a firm and broad pro-consumer ...
Supply Space and Horizontality in Firms and Mergers
... view of the Federal Trade Commission (FTC) and the Department of Justice, particularly in their merger-classification framework, is that the distinction between horizontal, vertical, and conglomerate mergers (and among conglomerate mergers) turns, in largest part, on the current production and marke ...
... view of the Federal Trade Commission (FTC) and the Department of Justice, particularly in their merger-classification framework, is that the distinction between horizontal, vertical, and conglomerate mergers (and among conglomerate mergers) turns, in largest part, on the current production and marke ...
Competition Law and REALTORS®: What You Say and Do Matters
... as a result of the agreement (a so-called “undue” prevention or lessening of competition). The practical impact of this was that, generally speaking, smaller market players (e.g., some individual REALTORS®, smaller real estate firms, etc.) faced relatively little potential liability for agreements o ...
... as a result of the agreement (a so-called “undue” prevention or lessening of competition). The practical impact of this was that, generally speaking, smaller market players (e.g., some individual REALTORS®, smaller real estate firms, etc.) faced relatively little potential liability for agreements o ...
Remy International, Inc. - corporate
... Antitrust Improvements Act of 1976, as amended (the “ HSR Act ”), with respect to the proposed merger (the “ Merger ”) of Band Merger Sub, Inc., a Delaware corporation (“ Merger Sub ”) and wholly-owned subsidiary of BorgWarner Inc., a Delaware corporation (“ BorgWarner ”), with and into Remy. On Jul ...
... Antitrust Improvements Act of 1976, as amended (the “ HSR Act ”), with respect to the proposed merger (the “ Merger ”) of Band Merger Sub, Inc., a Delaware corporation (“ Merger Sub ”) and wholly-owned subsidiary of BorgWarner Inc., a Delaware corporation (“ BorgWarner ”), with and into Remy. On Jul ...
2005.RIO.ftc - owen.vanderbilt.edu
... At the downstream level, which consists of refining, product distribution and marketing, average plant size at various industry levels has increased over time. The number of refineries in the U.S. has declined, while average refinery size has increased. Refinery closures have overwhelmingly involved ...
... At the downstream level, which consists of refining, product distribution and marketing, average plant size at various industry levels has increased over time. The number of refineries in the U.S. has declined, while average refinery size has increased. Refinery closures have overwhelmingly involved ...
Predatory Pricing in Standards Wars
... that “the theoretical argument . . . suggests that predatory price cutting is most unlikely to exist and that attempts to outlaw it are likely to harm consumers more than would abandoning the effort.”11 Easterbrook went further, discarding actual price predation into the mythical realm of dragons an ...
... that “the theoretical argument . . . suggests that predatory price cutting is most unlikely to exist and that attempts to outlaw it are likely to harm consumers more than would abandoning the effort.”11 Easterbrook went further, discarding actual price predation into the mythical realm of dragons an ...
International Distribution Overview of Relevant
... All anti-trust regimes recognise that cartels are unwelcome and will broadly agree on what constitutes anti-competitive conduct. However, in the area of vertical agreements, divergence is likely between individual State rules and EU rules and between EU rules and US law. EU policy on vertical arran ...
... All anti-trust regimes recognise that cartels are unwelcome and will broadly agree on what constitutes anti-competitive conduct. However, in the area of vertical agreements, divergence is likely between individual State rules and EU rules and between EU rules and US law. EU policy on vertical arran ...
Antitrust Governance: The New Wave of Antitrust
... bid-rigging and cartelization, the standard tools of antitrust intervention were rooted in law enforcement.4 In deciding antitrust cases, generalist courts aimed to elaborate clear rules that would isolate species of prohibited business conduct and thereby provide a guide for business compliance. Su ...
... bid-rigging and cartelization, the standard tools of antitrust intervention were rooted in law enforcement.4 In deciding antitrust cases, generalist courts aimed to elaborate clear rules that would isolate species of prohibited business conduct and thereby provide a guide for business compliance. Su ...
“buyer power” and economic policy
... obtaining and exercising greater monopsony power through anticompetitive means. No serious argument can be made that antitrust law should make distinctions between buyer power and seller power if significant market power is obtained anticompetitively, such as through horizontal combination or collus ...
... obtaining and exercising greater monopsony power through anticompetitive means. No serious argument can be made that antitrust law should make distinctions between buyer power and seller power if significant market power is obtained anticompetitively, such as through horizontal combination or collus ...
US Securities Law Issues in Tender Offers for Foreign Companies
... non-voting preference shares appeared to be signi>cantly below the 40% level required for the Tier II exemption. All of the ordinary voting shares were held by two holding companies controlled by a small group of private equity investors. This means that in the United States a cash tender o=er for P ...
... non-voting preference shares appeared to be signi>cantly below the 40% level required for the Tier II exemption. All of the ordinary voting shares were held by two holding companies controlled by a small group of private equity investors. This means that in the United States a cash tender o=er for P ...
Anti-Trust Laws and Public Callings: The Associated Press Case
... Nebbia v. New York, 7 enlarging the public calling remedy without enlarging the number of public callings. It admitted that the milk business was not within the scope of a conventional public calling, 8 but that, nevertheless, it was subject to regulation under the police power because an adequate m ...
... Nebbia v. New York, 7 enlarging the public calling remedy without enlarging the number of public callings. It admitted that the milk business was not within the scope of a conventional public calling, 8 but that, nevertheless, it was subject to regulation under the police power because an adequate m ...
ch14
... Regulation and Deregulation Higher rates of return are evidence in support of capture theory of regulation. Table 14.1 (p. 332) shows the rates of return for regulated monopolies in the electricity, gas, and railroad industries and compares these rates to the average rate of return for the overall ...
... Regulation and Deregulation Higher rates of return are evidence in support of capture theory of regulation. Table 14.1 (p. 332) shows the rates of return for regulated monopolies in the electricity, gas, and railroad industries and compares these rates to the average rate of return for the overall ...
5. Proving Conspiracy - Applied Antitrust Law
... Competition on the merits includes exclusion resulting from “growth or development as a consequence of a superior product, business acumen, or historic accident.”2 As a result, sometimes call “anticompetitive exclusionary acts” ...
... Competition on the merits includes exclusion resulting from “growth or development as a consequence of a superior product, business acumen, or historic accident.”2 As a result, sometimes call “anticompetitive exclusionary acts” ...
The Future of Reciprocity: A Study in Antitrust
... Mr. Chief Justice White formulated what today is known generally as the rule of reason. This rule of statutory construction, was further developed in the same year in United States v. Am. Tobacco Co., 221 U.S. 106 (1911). Construing both sections [of the Sherman Act], the Rule of Reason as the gener ...
... Mr. Chief Justice White formulated what today is known generally as the rule of reason. This rule of statutory construction, was further developed in the same year in United States v. Am. Tobacco Co., 221 U.S. 106 (1911). Construing both sections [of the Sherman Act], the Rule of Reason as the gener ...
Monopoly 1
... Tip 1: MR curve is a straight line with the same vertical intercept as demand and half the horizontal intercept. Tip 2: Equilibrium price is the mid-point/average of the vertical intercept of demand and marginal cost at equilibrium quantity. ...
... Tip 1: MR curve is a straight line with the same vertical intercept as demand and half the horizontal intercept. Tip 2: Equilibrium price is the mid-point/average of the vertical intercept of demand and marginal cost at equilibrium quantity. ...
Legal Alert Eleventh Circuit Strikes Down FTC`s Finding that
... the market with its generic potassium chloride formulation on September 2, 2001 -- more than five years before the expiration of the ‘743 patent. Moreover, Upsher-Smith was to receive $60M as payment for a license Schering-Plough was taking on a cholesterol product. Therefore, in exchange for stayin ...
... the market with its generic potassium chloride formulation on September 2, 2001 -- more than five years before the expiration of the ‘743 patent. Moreover, Upsher-Smith was to receive $60M as payment for a license Schering-Plough was taking on a cholesterol product. Therefore, in exchange for stayin ...
INFLUENCE OF GOVERNMENT ON MARKETING
... Very few monopolies left. Although some businesses are so big that they do dominate the market. These firms will have an element of monopoly power in terms of pricing and what is sold. Monopolies and Mergers Act will limit the power of these businesses for the benefit of consumers choice. Unit 5 - S ...
... Very few monopolies left. Although some businesses are so big that they do dominate the market. These firms will have an element of monopoly power in terms of pricing and what is sold. Monopolies and Mergers Act will limit the power of these businesses for the benefit of consumers choice. Unit 5 - S ...
AN INDUSTRIAL GIANT
... discriminatory rates between long and short hauls in the Wabash case (1886) on the ground that a state could not regulate interstate commerce – the following year, Congress passed the Interstate Commerce Act, which required that railroad charges be reasonable and just – it also outlawed rebates, dra ...
... discriminatory rates between long and short hauls in the Wabash case (1886) on the ground that a state could not regulate interstate commerce – the following year, Congress passed the Interstate Commerce Act, which required that railroad charges be reasonable and just – it also outlawed rebates, dra ...
Theodore Roosevelt - U
... Federal Reserve Act Central banking system of the U.S. Clayton Antitrust Act sought to prevent non-competitive practices Federal Trade Commission Act oversight committee to curb unfair business activities ...
... Federal Reserve Act Central banking system of the U.S. Clayton Antitrust Act sought to prevent non-competitive practices Federal Trade Commission Act oversight committee to curb unfair business activities ...
United States antitrust law
United States antitrust law is a collection of federal and state government laws, which regulates the conduct and organization of business corporations, generally to promote fair competition for the benefit of consumers. The main statutes are the Sherman Act 1890, the Clayton Act 1914 and the Federal Trade Commission Act 1914. These Acts, first, restrict the formation of cartels and prohibit other collusive practices regarded as being in restraint of trade. Second, they restrict the mergers and acquisitions of organizations which could substantially lessen competition. Third, they prohibit the creation of a monopoly and the abuse of monopoly power.The Federal Trade Commission, the U.S. Department of Justice, state governments and private parties who are sufficiently affected may all bring actions in the courts to enforce the antitrust laws. The scope of antitrust laws, and the degree they should interfere in business freedom, or protect smaller businesses, communities and consumers, are strongly debated. One view, mostly closely associated with the ""Chicago School of economics"" suggests that antitrust laws should focus solely on the benefits to consumers and overall efficiency, while a broad range of legal and economic theory sees the role of antitrust laws as also controlling economic power in the public interest.