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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Antitrust and the Bounds of Power

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ISBN13: 9781901362299
ISBN: 1901362299
Published: October 1997
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00

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This non-technical text highlights the important points of antitrust law. Antitrust law has become progressively more technical both in its form and in its manner of enforcement. In turn these characteristics have tended to encourage the belief that antitrust law is the exclusive preserve of lawyers, economists and their respected doctrines. Yet technicalities and doctrines give covert and not neutral solutions to the dilemma of: how much private power are we ready to tolerate to preserve economic freedom from the intrusion of public power? How much public power are we ready to accept to prevent private power becoming a threat to the freedom of others?;In this book, Giuliano Amato draws on his experiences as a lawyer, politician and law professor to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking.

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Competition Law
Antitrust - introduction; on the surface - the technical profiles; in the foundations - the dilemma of liberal democracy.
Part 1 Technical profiles - the USA: protection of competition or of freedom or contract - from the common law to the Sherman Act, early years of the Sherman Act, prohibitions to protect market pluralism increase; today's subtle weapons - the Chicago School, evolution in the Supreme Court, trends in recent cases, the present position in summary.
Part 2 Technical profiles - Europe: the heritage of history - Europe's industrial culture, the Freiburger Ordoliberalen School, early development of antitrust laws, antitrust in the European Community; ""restrictive"" agreements - the normative machinery, vertical agreements, horizontal agreements; abuse of a dominant position - ""special responsibility"", assessment of ""dominant position"", abuse as an ""objective concept"", individual types of abuse, in conclusion; prohibitions of dominant position - mergers - the ban and its limits, antitrust against public monopolies.
Part 3 Antitrust and the bounds of power: drawing together the threads - original aims and later evolution, in the USA, in Europe, the limits to antitrust law, facing concentrated, competitive firms, changing markets - what remains?; the dilemma of liberal democracy - the dilemma of liberal democracy within the dilemma of efficiency, towards autonomy of European antitrust from other common policies, the global market and tomorrow's antitrust.