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62 results in Competition Law

Page 1 of 4

Toward an Inframarginal Revolution
  • Redistributing the Gains from Trade
  • Edited by Ramsi A. Woodcock
  • Coming soon
  • Expected online publication date:
    June 2025
    Print publication:
    30 June 2025
  • Over the past fifteen years, there has been a growing interest in altering legal rules to redistribute wealth, with many scholars believing that neoclassical economic theory is biased against redistribution. Yet a growing number of progressive scholars are pushing back against this view. Toward an Inframarginal Revolution offers a fresh perspective on the redistribution of wealth by legal scholars who argue that the neoclassical concept of the gains from trade provides broad latitude for redistribution that will not harm efficiency. They show how policymakers can redistribute wealth via taxation, price regulation, antitrust, consumer law, and contract law by focusing on the prices at which inframarginal units of production change hands. Progressive and eye-opening, this volume uses conservative economic concepts to make a compelling case for radically redistributing wealth. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details.

Cartels Diagnosed
  • New Insights on Collusion
  • Edited by Joseph E. Harrington Jr., Maarten Pieter Schinkel
  • Published online:
    06 December 2024
    Print publication:
    02 January 2025
  • Collusion remains a strong undercurrent of business practice despite anti-cartel enforcement being a top priority of competition authorities. Alongside active prosecution of cartels, the study of cartels is a vibrant area of research for economic and legal scholars. A challenge for both practice and scholarship is that cartels evolve, as colluding firms continuously devise new methods to circumvent competition. Cartels Diagnosed presents twelve gripping cartel case studies of collusion from key business sectors such as the airline industry, the gasoline industry, and big pharma. Written by renowned economists, these concise and accessible case studies deliver novel insights into cartel formation, facilitating practices, cartels' modus operandi, and the efficacy of cartels. Assisting in understanding new cartel mechanisms and their effects, developing new policies to deter and destabilize cartels, and measuring harm, this volume on cartel morphology is an invaluable reference for supporting public and private enforcers in detecting and prosecuting cartels.

Competition Law and Democracy
  • Markets as Institutions of Antipower
  • Elias Deutscher
  • Published online:
    21 November 2024
    Print publication:
    28 November 2024
  • Examining the normative foundations of US antitrust and EU competition law, Elias Deutscher argues that the idea of a competition-democracy nexus rests on a commitment to a republican understanding of economic liberty. The book uses this republican concept of economic liberty to analyse how US antitrust and EU competition law embodied a competition-democracy nexus and explains how the turn of competition law toward a more economic approach has led to its decline. The book offers proposals for how the nexus can be revived to allow competition law to address contemporary concerns about the concentration of corporate power.

Separation of Powers and Antitrust
  • Vincent Martenet
  • Published online:
    28 September 2023
    Print publication:
    12 October 2023
  • Separation of powers and antitrust deal with power and occupy centre stage in our challenging, digital times, but their interactions have not yet been analysed. This timely and ground-breaking book provides an innovative cross-disciplinary analysis of the potential convergence of these two fields. Notably, Vincent Martenet examines the concentration of politico-economic power in the hands of a few digital firms which have adopted private regulation, impacting an entire industry and society at large. He combines doctrinal method with historical developments, case studies, assessment of legislative proposals, and observations on the functioning of digital markets and democracy in the digital era. The book sketches important new axes of the separation of powers and suggests that antitrust may contribute, albeit in a limited way, to greater trust in both society and democracy: 'antitrust for trust', the ultimate apparent antitrust paradox.

Modern Economic Regulation
  • An Introduction to Theory and Practice
  • 2nd edition
  • Christopher Decker
  • Published online:
    25 May 2023
    Print publication:
    08 June 2023
  • Economic regulation affects us all, shaping how we access essential services such as water, energy and transport, as well as how we communicate with one another in the digital world. Modern Economic Regulation describes the core insights of economic theory on which regulatory policies are based and connects this with evidence of how regulation is applied. It focuses on fundamental questions such as: why are certain industries regulated? What principles can inform regulation? How is regulation implemented? Which regulatory policies have been more, or less, effective in practice? All chapters in this second edition are fully updated to reflect the latest research and evidence, while five new chapters cover behavioural economics and the regulation of rail, aviation, payment systems and digital platforms. Each chapter contains discussion questions and topical case studies, and online materials include over 60 applied exercises that explore real-life regulatory problems from around the world.

Intersections Between Corporate and Antitrust Law
  • Edited by Marco Corradi, Julian Nowag
  • Published online:
    25 May 2023
    Print publication:
    08 June 2023
  • Recent public debate on common ownership by institutional investors has brought awareness to one of the many intersections between the corporate and antitrust worlds. But the interplay between these two fields dates back to the dawn of US antitrust. This volume shines a light on the often underplayed and misunderstood connections between antitrust and corporate law and finance. It offers a multi-disciplinary perspective on highly trending issues, such as parallel equity holdings, interlocking directorships, the anticompetitive effects of certain corporate governance arrangements, and the relationships between ESG and not-for profit activities with antitrust law. This edited collection brings together leading experts from across the US, Europe, and Asia and provides a cross-border perspective on alternative policy approaches for the field. This book is also available as Open Access on Cambridge Core.

Regulating Access and Transfer of Data
  • Björn Lundqvist
  • Published online:
    06 April 2023
    Print publication:
    13 April 2023
  • Data collected and distributed on the internet is generally free, non-exclusive, and non-rivalrous. Yet online data is often difficult to access. This book examines the infrastructure for collecting, storing, and distributing data to show how it is embedded behind intellectual property and technological barriers. It proposes that the EU introduce an access and transfer governance right to data that can work in tandem with data protection rules. Chapters explore the subject matter of this protection, potential rights holders and the scope of the protection, and exceptions and limitations under intellectual property law and competition law. Comprehensive and timely, Regulating Access and Transfer of Data sets the foundations for a new legal system for our data-driven generation.

Competition Law in South Asia
  • Policy Diffusion and Transfer
  • Amber Darr
  • Published online:
    16 February 2023
    Print publication:
    23 February 2023
  • In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe.

Cartel Regulation
  • India in an International Perspective
  • Lovely Dasgupta
  • Published by:
    Foundation Books
    Published online:
    29 November 2022
    Print publication:
    13 August 2014
  • Cartels are the anti-thesis to the objectives pursued by competition law regimes world over. The objective of competition law is to protect the process of competition and maximization of consumer welfare by forcing producers to offer consumers a greater choice of high-quality products and services at low prices. Cartels, on the other hand, are cooperative arrangements between competitors to raise prices and reduce choices to the disadvantage of consumers, as well as to curtail the incentive of innovation and quality. In the Indian context, cartels present a graver problem as they not only threaten to end consumers’ choices but also over-ride the bargaining power of small and medium enterprises as well as small traders. Cartels in a developing country like India thus exploit the lack of bargaining power of all the groups in a relatively weaker bargaining position.

Leniency in Asian Competition Law
  • Edited by Steven Van Uytsel, Mark Fenwick, Yoshiteru Uemura
  • Published online:
    15 September 2022
    Print publication:
    22 September 2022
  • In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision – deliberate or otherwise – not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.

Joint and Several Liability in EU Competition Law
  • Katarzyna Sadrak
  • Published online:
    15 September 2022
    Print publication:
    22 September 2022
  • Contribution claims in antitrust are controversial and under-researched in the legal literature. This book provides the first comprehensive analysis of contribution claims in EU competition law. By drawing on the historical and current practice of EU and national courts, as well as national laws of major EU jurisdictions, it explains contribution claims in antitrust law in concrete and practical terms. It also provides much needed clarity on the relationship between competition law and joint and several liability, as well as guiding those concerned by contribution claims through the issues that are likely to arise. Topics examined include the requirements competition law sets for contribution claims; the criteria for dividing antitrust liability between individual co-infringers; the impact of EU Directive 2014/10; and whether liability sharing agreements can resolve the problems joint and several liability brings to EU competition law.

Confucian Culture and Competition Law in East Asia
  • Jingyuan Ma, Mel Marquis
  • Published online:
    01 September 2022
    Print publication:
    08 September 2022
  • Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.

Competition Law in Crisis
  • The Antitrust Response to Economic Shocks
  • Bruce Wardhaugh
  • Published online:
    04 August 2022
    Print publication:
    18 August 2022
  • A common criticism of the competition rules posed by EU authorities is that they are too inflexible, thereby prohibiting adequate responses to economic and industrial shocks. Competition Law in Crisis challenges this suggestion through an examination of competition responses to crises past and present. With an analysis spanning the response of UK and EU competition authorities to the economic and commercial outfall of the 2008 financial crisis, the COVID-19 pandemic, and potential responses to the climate crisis in the context of post-Brexit British industrial policy, the book argues that relaxing the competition regime is precisely the wrong response. The rigidity of competition rules in the UK and EU has both normative and positive implications for not just the methodology used in competition analysis, but also the role of competition law within the legal order of both jurisdictions. The book concludes with a discussion of the place of the competition in the UK's and EU's legal order.

The Cambridge Handbook of Competition Law Sanctions
  • Edited by Tihamer Tóth
  • Published online:
    29 July 2022
    Print publication:
    23 June 2022
  • This handbook brings together an international roster of competition law scholars and practitioners to address the issue of sanctions in competition law from all angles. Covering nineteen jurisdictions around the world, the book analyzes the theoretical foundations and practice of sanctioning competition law infringements and, most importantly, cartels. Contributors include a range of experts drawing on criminal law, company law, labor law, human rights, and law and economics, to determine what sanctions are available as a matter of positive law against corporations and individuals, including fines and other criminal, administrative, and civil law sanctions; whether law enforcers are using these sanctions effectively; and if new sanctions – including individual sanctions – should be introduced.

Non-Competition Interests in EU Antitrust Law
  • An Empirical Study of Article 101 TFEU
  • Or Brook
  • Published online:
    06 June 2022
    Print publication:
    28 July 2022
  • This book is the first to empirically examine the role of non-competition interests (public policy) in the enforcement of the EU's prohibition on anti-competitive agreements. Based on an original quantitative and qualitative database of over 3,100 cases, this book records all of the public enforcement actions of Article 101 TFEU taken by the Commission, EU Courts, and the national competition authorities and courts of five representative Member States (France, Germany, Hungary, the Netherlands, and the UK). The book not only exposes explicit tools in which non-competition interests played a role, but also sheds light on the “dark matter” of balancing, namely, invisible forms of balancing triggered by the institutional and procedural setup of the competition enforcers. Moreover, it contributes to the empirical-legal study of various other aspects of EU competition law enforcement, such as its objectives, the more economic approach, decentralized enforcement, and the functioning and success of Regulation 1/2003.

Global Food Value Chains and Competition Law
  • Edited by Ioannis Lianos, Alexey Ivanov, Dennis Davis
  • Published online:
    12 May 2022
    Print publication:
    05 May 2022
  • The food industry is a notoriously complex economic sector that has not received the attention it deserves within legal scholarship. Production and distribution of food is complex because of its polycentric character (as it operates at the intersection of different public policies) and its dynamic evolution and transformation in the last few decades (from technological and governance perspectives). This volume introduces the global value chain approach as a useful way to analyse competition law and applies it to the operations of food chains and the challenges of their regulation. Together, the chapters not only provide a comprehensive mapping of a vast comparative field, but also shed light on the intricacies of the various policies and legal fields in operation. The book offers a conceptual and theoretical framework for competition authorities, companies and academics, and fills a massive gap in the competition policy literature dealing with global value chains and food.

The Cambridge Handbook of Labor in Competition Law
  • Edited by Sanjukta Paul, Shae McCrystal, Ewan McGaughey
  • Published online:
    05 May 2022
    Print publication:
    26 May 2022
  • As scholars and policymakers around the world seek a systematic approach to the question of 'gig work,' one of its regulatory dimensions – the intersection of labor and competition law – points toward a deeper reconceptualization of the conventional legal and economic categories typically brought to bear upon it. A comparative approach to the question of gig work further reveals the variety and contingency of background assumptions that are often overlooked in the context of domestic policy debates. By combining a detailed comparative doctrinal survey of the regulation of non-employee workers in domestic competition law systems with a set of essays reframing the underlying questions raised – in terms of international legal frameworks, freedom of association norms, alternative approaches to law and economics, and more – The Cambridge Handbook of Labor in Competition Law moves the debates over the fissured workplace and the labor – competition law intersection forward in novel ways.

Populism and Antitrust
  • The Illiberal Influence of Populist Government on the Competition Law System
  • Maciej Bernatt
  • Published online:
    17 February 2022
    Print publication:
    24 February 2022
  • Competition law is designed to promote a consumer-friendly economy, but for the law to work in practice, competition agencies - and the courts who oversee them - must enforce it effectively and impartially. Today, however, the rule of populist governments is challenging the foundations of competition law in unprecedented ways. In this comprehensive work, Maciej Bernatt analyses these challenges and describes how populist governments have influenced national and regional (EU) competition law systems. Using empirical findings from Poland and Hungary, Bernatt proposes a new theoretical framework that will allow the illiberal influence of populism on competition law systems to be better measured and understood. Populism and Antitrust will be of interest not only to antitrust and constitutional law scholars, but also to those concerned about the future of liberal democracy and free markets.

Hong Kong Competition Law
  • Comparative and Theoretical Perspectives
  • Thomas K. Cheng, Kelvin Hiu Fai Kwok
  • Published online:
    13 October 2021
    Print publication:
    04 November 2021
  • This is the first academic monograph on the new competition law in Hong Kong. It provides an overview of the historical background of the Competition Ordinance, highlighting the debate and the process that led to the adoption of the Ordinance. It offers detailed comparative and theoretical analysis of the key provisions of the Ordinance, focusing on the First Conduct Rule, the Second Conduct Rule, the exclusions and exemptions, and the procedural provisions. It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. It concludes by setting forth of a set of recommendations for further reform.

Reforming Antitrust
  • Alan J. Devlin
  • Published online:
    18 August 2021
    Print publication:
    19 August 2021
  • Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

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