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Vol 21 No 11 Nov/Dec 2016

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Contracts, Co-operation and Competition


ISBN13: 9780198292661
ISBN: 019829266X
Published: March 1999
Publisher: Oxford University Press
Format: Hardback
Price: £152.50



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The economic theory of contract is being reshaped in ways which resonate with the findings of socio-legal contract scholars and of industrial economists and sociologists in the Marshallian tradition, who emphasise the ""embeddedness"" of organizations within their social and cultural environment. Contractual co-operation is seen as depending on institutional factors which serve to enhance ""trust"", and arrangements which in the past were criticized as the product of collusion are being reassessed as potentially efficient responses to market failure.;An active debate has begun on how instruments of public policy can best be deployed to arrive at an effective balance between co-operation and competition. This affects both the competitiveness of private sector organizations and the success of deregulatory reforms in the public sphere. These issues are explored within four main areas: developments in private-sector contracting; contract and organization in the public sector; the economics of contract law; and competitiveness and competition policy.

Contents:
Foreword.
1: Simon Deakin and Jonathan Michie: The Theory and Practice of Contracting. Part I. Trust, Co-operation, and Competition.
2: Bruce Lyons and Judith Mehta: Private Sector Business Contracts: The Text Between the Lines.
3: Peter Buckley and Malcolm Chapman: A Longitudinal Study of the Management of Co-operative Strategies.
4: Dan Coffey, Peter Nolan, Richard Saundry, and Malcolm Sawyer: Regulatory Change in the British Television Industry: Effects on Productivity and Competition.
5: Simon Deakin, Christel Lane, and Frank Wilkinson: Contract Law, Trust Relations, and Incentives for Co-operation: A Comparative Study. Part II. Public Sector Contracting and Quasi-Markets.
6: Peter Vincent-Jones: Hybrid Organization and Contractual Governance in the Provision of Local Authority Services.
7: Jonathan Montgomery: Control and Restraint in NHS Contracting.
8: Jean McHale: Conceptualizing Contractual Disputes in the NHS Internal Market.
9: Richard Laughlin and Jane Broadbent: Contracts, Competition, and Accounting in Health and Education: Juridification at Work?. Part III. Contract Law and Economic Analysis.
10: Roger Brownsword: Contract Law, Co-operation, and Good Faith: The Movement from Static to Dynamic Market-Individualism.
11: Hugh Collins: Quality Assurance and Contractual Practice.
12: David Campbell: The Relational Constitution of Contract and the Limits of `Economics'. Part IV. Industrial Structure, Contracts, and Competition.
13: Simon Deakin, Tom Goodwin, and Alan Hughes: Co-operation and Trust in Inter-Firm Relations: Beyond Competition Policy?.
14: Alan Gutterman: Inter-Firm Co-operation, Competition Law, and Patent Licensing: A USEC Comparison.
15: Steve Anderman: Commercial Co-operation, International Competitiveness, and EC Competition Policy