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Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law

Volume II Economics-Based Legal Analyses of Mergers, Vertical Practices, and Joint Ventures

Richard S. Markovits

978-3-642-24313-4

2014
Edition 1
- lied than they differ as written
- Is self-contained, combines sophisticated economic analysis with sophisticated legal analysis, provides clear operational definitions of all the economic and legal concepts it uses, relies primarily on verbal explanations, and when it uses mathematics, limits itself mathematically to arithmetical examples and two-dimensional diagrams
- Volume II (Chapters 13 - 15)- see Volume I, ISBN 978-3-642-24306-6 (Chapters 1 - 14)
- Explains why market definitions are inherently arbitrary, develops non-market-oriented approaches to assessing the monopolizing character and competitive impact of mergers, joint ventures, and long-term requirements contracts, and criticizes the market-oriented approaches to these issues proposed by academics and used by U.S. and E.U. courts and antitrust-enforcement agencies
- Defines 'oligopolistic' and 'predatory' conduct, analyzes the determinants of the profitability of all variants of such conduct, examines the evidence that can and cannot be used to prove that defendants have engaged in them, and criticizes the contrary tests for predation and illegal oligopolistic conduct that academics and U.S. and E.U. courts and enforcement-agencies have proposed/used
- Delineates the legitimate functions of vertical integration, (B) examines the ability of various horizontal pricing techniques, resale price maintenance, and vertical territorial restraints and customer-allocation clauses, other sorts of contractual provisions and sales policies that are designed to reduce independent retailers to promote a producer's product, and long-term full-requirements contracts can perform these functions, (C) examines the legal implications of the foregoing analyses under both U.S. and E.U. antitrust law, and (D) criticizes the contrary analyses and conclusions of scholars and U.S. and E.U. courts and antitrust-enforcement agencies
- Provides a comprehensive account and comparison of U.S. antitrust law and E.U. competition law both as written and as applied (which points out the purely legal as well as the legal/economic errors that U.S. and E.U. authorities have made when interpreting and applying respectively the U.S. statutes and the E.U. treaty), and examines whether historically and contemporaneously these errors make U.S. and E.U. antitrust law differ more as app
- Includes supplementary material: sn.pub/extras
€419 €377
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