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How Antitrust Failed Workers

Author : Eric A. Posner
Publisher : Oxford University Press
Page : 225 pages
File Size : 13,58 MB
Release : 2021
Category : LAW
ISBN : 019750762X

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"Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--

Antitrust Settlements

Author : Giovanna Massarotto
Publisher : Kluwer Law International B.V.
Page : 290 pages
File Size : 42,87 MB
Release : 2019-10-17
Category : Law
ISBN : 9403511117

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Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure—and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU—the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies’ behavior and agencies’ practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law—economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today’s market challenges.

Options for Global Trade Reform

Author : Will Martin
Publisher : Cambridge University Press
Page : 338 pages
File Size : 20,90 MB
Release : 2003-03-27
Category : Business & Economics
ISBN : 1139438549

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Despite the decision of the WTO members to launch a new round of negotiations at their Doha Ministerial in November 2001, developing countries continue to have very real concerns on a number of key issues. The successful completion of the Doha trade round and the realization of the goals of its Development Agenda represent a major challenge for both the developed and the developing world. The primary aim of this volume is to improve understanding of the issues, the objectives of policy and the options for trade policy reform particularly as they impact on the Asia-Pacific region. A team of authors from developing and developed countries in the Asia-Pacific identify ways in which progress might be made on the key negotiating topics, including market access and related issues in agriculture, non-agriculture merchandise and in trade in services.

Deregulatory Takings and the Regulatory Contract

Author : J. Gregory Sidak
Publisher : Cambridge University Press
Page : 654 pages
File Size : 35,72 MB
Release : 1997-11-28
Category : Business & Economics
ISBN : 9780521591591

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This 1998 book addresses deregulatory policies termed 'deregulatory takings' that threaten private property in network industries without compensation.

The Unsustainable Costs of Partial Deregulation

Author : Paul W. MacAvoy
Publisher : Yale University Press
Page : 203 pages
File Size : 24,62 MB
Release : 2007-01-01
Category : Law
ISBN : 0300137753

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This vivid portrait of Bart Giamatti encompasses his entire eventful life but focuses especially on his years at Yale University (1966-1986) and his brief career as a major league baseball executive (1986-1989). As scholar, teacher, and then university president, Giamatti was an admired and respected figure on campus. He forged his academic career during turbulent decades, and his tenure in baseball was no less contentious, for as commissioner of baseball he oversaw the banishment of Cincinnati's Pete Rose from the game for gambling. The book draws on Giamatti's numerous writings and speeches to illuminate the character and complexities of the man and to understand the values that motivated his leadership. Bart Giamatti was a cultural conservative and institutional moderate at a time when such values were out of favour and under attack. At Yale, as a baseball executive, and indeed in all things, Giamatti championed the related values of freedom and order. Robert P. Moncreiff places Giamatti in the context of major events at Yale, recounts in detail the legal context in which the Pete Rose affair unfolded, and arrives at a nuanced understanding of this memorable man's life.

Obtaining the best from Regulation and Competition

Author : Michael A. Crew
Publisher : Springer Science & Business Media
Page : 247 pages
File Size : 35,46 MB
Release : 2006-02-20
Category : Business & Economics
ISBN : 038723196X

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Deregulation has introduced competition into traditionally monopolistic markets, particularly telecommunications and electric utilities. This book brings together ten essays that were presented at the Center for Research in Regulated Industries at Rutgers University and funded by several regulated companies. The authors, who include young scholars as well as established and highly regarded consultants and researchers, address some of the major issues now facing network industries and regulators - deregulation, competition, stranded assets, diversification, pricing, and mergers and acquisitions.

Communications in EU Law : Antitrust Market Power and Public Interest

Author : Antonio Bavasso
Publisher : Kluwer Law International B.V.
Page : 450 pages
File Size : 34,99 MB
Release : 2003-01-01
Category : Business & Economics
ISBN : 9041119744

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Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.