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Competition, Effects and Predictability

Download or Read eBook Competition, Effects and Predictability PDF written by Bruce Wardhaugh and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 269 pages. Available in PDF, EPUB and Kindle.
Competition, Effects and Predictability
Author :
Publisher : Bloomsbury Publishing
Total Pages : 269
Release :
ISBN-10 : 9781509926091
ISBN-13 : 1509926097
Rating : 4/5 (91 Downloads)

Book Synopsis Competition, Effects and Predictability by : Bruce Wardhaugh

Book excerpt: In the US and EU, legal analysis in competition cases is conducted on a case-by-case approach. This approach assesses each particular practice for both its legality and its welfare effects. While this analytic method has the merits of 'getting the result right' by, inter alia, reducing error costs in antitrust adjudication, it comes at a cost of certainty, predictability and clarity in the legal principles which govern antitrust law. This is a rule of law concern. This is the first book to explore this tension between Europe's 'More Economic Approach', the US's Rule of Reason, and the Rule of Law. The tension manifests itself in the assumptions in and choice of analytic method; the institutional agents driving this effects based approach and their competency to use and assess the results of the methodology they demand; and, the nature and stability of the legal principles used in modern effects-based competition analysis. The book forcefully argues that this approach to competition law represents a threat to the rule of law. Competition, Effects and Predictability will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.


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