الصفحة 1
الصفحة 1
Multi-dimensional Approaches Towards New Technology : Insights on Innovation, Patents and Competition
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies.
Innovation Matters : Competition Policy for the High-Technology Economy
A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and available evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters.
Improving Healthcare : A Dose of Competition
Improving Healthcare: A Dose of Competition systematically examines the American health care system from a competition-oriented perspective. The volume surveys the performance of each major sector of the health care system, and identifies impediments to more effective competition. Improving Healthcare examines such issues as competition v. regulation, public and private sector approaches to health care financing, cross-subsidies, licensure, provider market concentration, financial and clinical integration, payment for performance, quality, pharmacy benefit managers, direct-to-consumer advertising of pharmaceuticals, certificates of need, mandates, unionization, the significance of organizational status (nonprofit v. for-profit), and the role of antitrust and consumer protection in health care. It offers concrete recommendations to improve the quality and cost-effectiveness of the American health care marketplace.
Global Price Fixing
The book describes and analyzes the formation, operation, and impacts of modern global cartels. It provides a broad picture of the economics, competition law and history of international price fixing. A deeper understanding of the phenomenon is afforded by intensive case studies of collusion in the markets for lysine, citric acid, and vitamins. Particular attention is given to the economic injuries sustained by the cartels' customers. The author assesses whether antitrust enforcement by the European Union, the United States, and other countries is capable of deterring cartels in the foreseeable future.
Global antitrust and sustainability : Law, economics, enforcement
Investigates how competition law and competition authorities around the world deal with sustainability. It covers, economics, law, and enforcement matters. The book also sets out the basics of the concept of sustainability that are necessary for competition lawyers to work with such matters. It explores what economics has to say about the relationship between sustainability and competition.
Fiscal state aid law and harmful tax competition in the European Union
Offers an in-depth analysis of EU fiscal state aid in relation to harmful tax competition , Examines the legal concept of fiscal state aid under Article 107(1) of the TFEU and provides an up-to-date account of its definitional aspects , Covers all recent Commission decisions and investigations into tax schemes and individual tax rulings
Complications and quandaries in the ICT sector : Standard essential patents and competition issues
Talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. The book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by “fair”, “reasonable” and “non-discriminatory” terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process.
Competition, innovation, and antitrust : A theory of market leaders and Its policy implications
Competition, Innovation, and Antitrust develops a theory of market leadership in the presence of endogenous entry of firms and applies it to models of competition in the market and for the market.
Abuse of Dominant Position : New Interpretation, New Enforcement Mechanisms?
As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
