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Causation is one of the most underexplored areas in antitrust law. What must a plaintiff show to connect a defendant’s conduct with anticompetitive effects? Several tests are possible, including “but for” causation, proximate cause, sole causation, reasonable connection, and increased...
Persistent link: https://www.econbiz.de/10014176575
This is an article on S.4 of the Indian Competition Act, 2002 which deals with abuse of dominance. Effort has been made to understand this section in light on legislative intention. Comparison is made with another nations law like EU and USA. The issues relating to predatory pricing, relation of...
Persistent link: https://www.econbiz.de/10014043242
This handbook chapter appears in Antitrust Law & Economics (Keith Hylton, ed. 2010). It describes the role of market concentration in the legal framework for the antitrust review of horizontal mergers and evaluates the extent to which modern economic analysis supports a role for concentration in...
Persistent link: https://www.econbiz.de/10014047827
This paper clarifies the relation between per se hub-and-spoke and vertical rule of reason antitrust analysis, the tension between which is illustrated with a detailed examination of the Apple e-books case
Persistent link: https://www.econbiz.de/10014123098
This article looks at the commonalities and disparities in the rules against single-firm market abuses in the US and in the EU and their enforcement. Despite they target the same type of business behaviour, the US and the EU have always followed divergent paths. This article will examine...
Persistent link: https://www.econbiz.de/10012948819
The concept of abuse of dominant position in US and EU has some basic differences and it is interesting to note that the competition law in India has seen a shift from more reliance on EU than US in dealing with abuse of dominance cases. This is quite evident from the fact that the concept of...
Persistent link: https://www.econbiz.de/10012955646
This paper examines the unique vulnerability of small, atomistic sellers – including small businesses, farmers, ranchers, fishermen, professionals, and athletes – to buyer power abuses. Because of sunk costs in carrying out a chosen business or profession, atomistic sellers are likely to be...
Persistent link: https://www.econbiz.de/10013038289
The new Australian law against misuse of market power (as amended in 2017) shares a number of similarities with the Canadian law against abuse of dominance. This article makes a comparative analysis of these laws against unilateral anti-competitive conduct, highlighting their similarities,...
Persistent link: https://www.econbiz.de/10012907546
Persistent link: https://www.econbiz.de/10012888272
Inequality concerns in antitrust could justify market power in return for a fairer allocation by weighing the consumer welfare of disadvantaged groups more heavily. A simple example illustrates how seeking distributive justice through lenient antitrust enforcement is effective nor efficient....
Persistent link: https://www.econbiz.de/10013221024