In the march of economic globalization it has become increasingly apparent that divergence in competition policy from one country to another is a major stumbling block. More than any other factor, an international consensus of competition laws is sure to facilitate the clear working interaction among trade, investment, intellectual property rights, and technology transfer that economic progress demands. This forward-looking book offers presents insightful perspectives on how this consensus may be achieved. The Future Development of Competition Framework presents papers and speeches by well-known competition law practitioners versed in competition law and policy, including representatives of national competition authorities. They came from a variety of countries ? including France, Germany, Canada, Mexico, Indonesia, Malaysia, Russia, Japan, Australia, Taiwan, Korea and the United States ? to attend a 2003 conference sponsored by the Taiwan Fair Trade Commission. The book reproduces texts of the various contributions to the conference, including a roundtable discussion. Among the topics addressed are the following: mergers and acquisitions; political interests; enforcement policies and sanctions; national cultures and traditions; international cartels; regional cooperation; concentration indexes and dominance indexes; patent pools; financial deregulation; confidentiality measures; technical assistance; striking the right balance between competition and regulation; reconciling competition policy and development policies. Although they are especially valuable for their concentration on the Asia Pacific countries, these discussions will be of incalculable value to practitioners and academics everywhere who are involved in any of the interconnected branches of economic law or policy covered here.

How legacy firms can combine their traditional strengths with the power of data and digital ecosystems to forge a new competitive strategy for the digital era. How can legacy firms remain relevant in the digital era? In The Future of Competitive Strategy, strategic management expert Mohan Subramaniam explains how firms can leverage both their traditional strengths and the modern-day power of data and digital ecosystems to forge a new competitive strategy. Drawing on the experiences of a range of companies, including Caterpillar, Sleep Number, and Whirlpool, he explains how firms can benefit from data’s enlarged role in modern business, develop digital ecosystems tailored to their unique business needs, and use new frameworks to harness the power of data for competitive advantage. Subramaniam presents digital ecosystems as a combination of production and consumption ecosystems, which can be used by legacy firms to unlock the value of data at various levels—from improving operational efficiencies to creating new data-driven services and transforming traditional products into digital platforms. He explores the ways sensors and the Internet of Things provide new kinds of customer data; presents the concept of digital competitors—other firms that have access to similar data; discusses the new digital capabilities that firms need to develop; and addresses privacy and security issues associated with data sharing. Who needs this book? Any firm that wants to revitalize traditional business models, offer a richer customer experience, and expand its competitive arena into new digital ecosystems.

This book provides a comprehensive practitioner guide to the new competition law framework in the UK, following the widespread and significant reforms introduced in April 2014 and brought about by the Enterprise Regulatory and Reform Act 2013 (ERRA 2013); and reforms brought about by the Consumer Rights Act 2015. It considers the "new politics" of UK competition law: the increasing re-politicization of competition policy in the UK, and how different elements of the regime (civil, criminal and administrative) interact. The book summarizes the existing regime, considering how it has fared since the Competition Act came into force in 2000. It considers the administrative enforcement regime, including institutional reform of the functions of the CMA, sectoral regulators, the Competition Appeal Tribunal (CAT) and the Secretary of State; and the enforcement process. It then covers the merger control regime, including fixed time limits, merger notice and information gathering powers, interim measures, due process, and remedies. It examines the powers and remit of the various sector regulators in terms of promoting competition and enforcing competition law, as well as the UK Competition Network and the wide-ranging remit of the FCA regarding financial services markets. It also analyses individual criminal liability, the cartel offence-both in its original form and as amended by the ERRA-and procedural issues. Finally, the book examines private enforcement, including the development of private competition litigation in the UK, the changes introduced by the Consumer Rights Act and the EU directive on damages actions for competition law infringements This is an essential guide to the new competition law framework in the UK, offering clear critical analysis as well as practical guidance on the full implications of these wide-ranging reforms.

Now available in paperback, with an all new Reader's guide, The New York Times and Business Week bestseller Co-opetition revolutionized the game of business. With over 40,000 copies sold and now in its 9th printing, Co-opetition is a business strategy that goes beyond the old rules of competition and cooperation to combine the advantages of both. Co-opetition is a pioneering, high profit means of leveraging business relationships. Intel, Nintendo, American Express, NutraSweet, American Airlines, and dozens of other companies have been using the strategies of co-opetition to change the game of business to their benefit. Formulating strategies based on game theory, authors Brandenburger and Nalebuff created a book that's insightful and instructive for managers eager to move their companies into a new mind set.

In this pathbreaking book, Michael E. Porter unravels the rules that govern competition and turns them into powerful analytical tools to help management interpret market signals and forecast the direction of industry development.

By bringing together analysis from well-known scholars from both developed and developing countries, the chapters in this book offer a thoughtful, precise, and relevant analysis of competition policy in BRICS and developing countries.

Drawing on twenty years of merger analysis literature, this single source offers practical solutions to a wide range of problems faced by specialists working in the field of mergers and acquisitions. The authors take an industrial organization approach in which effects on profits, on consumer surplus and on overall welfare are of greatest relevance. The focus is primarily on horizontal mergers, although vertical and conglomerate mergers are addressed when producers of complementary goods are involved. Among the issues and elements examined, the authors provide answers to the following: How does a merger affect the insider firm's profitabifity? Why may outsiders stock market value increase or decrease following a merger? What are the expected welfare effects of a merger? What sort of arguments can be used for merger defense? How do economists model the firm's merging decision? How can the authorities simulate the price effects of a horizontal merger? Is post-merger entry likely to compensate the effects of a merger? The discussion proceeds from an analysis of the simplest exercise of market power to evermore complex merger environments. In their detailed coverage of policy evaluation of proposed acquisitions, the authors provide a merger simulation toolkit which can be applied to important recent judicial decisions in the field. This book will be of great value not only to academics in microeconomics and industrial organization, but also to lawyers and officials seeking expert practical guidance in the business or administrative responsibilities surrounding mergers and acquisitions.

The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.

This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.