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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law: Volume II

ISBN13: 9783642243127
Published: August 2014
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Hardback
Price: £89.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The standard economic-efficiency analysis of antitrust (1) ignores many kinds of inefficiency (e.g., the kinds generated when resources are misallocated among unit-output-increasing, quality-or-variety-increasing [QV]-investment-creating, and production-process-research [PPR]-executing uses and when the resources allocated to QV-investment creation [PPR execution] are misallocated among areas of product-space) and (2) ignores Second-Best Theory (viz., the fact that, to determine a competition-increasing policy's impact on any kind of inefficiency, one must take appropriate account not only of the targeted competition-imperfection's tendency to cause such inefficiency in an otherwise-Pareto-perfect economy but also of the tendency of the economy's other Pareto imperfections to cause such inefficiency and the way in which the relevant Pareto imperfections interact to cause such inefficiency). This book develops a "distortion-analysis" approach to economic-efficiency analysis that responds appropriately to Second-Best Theory and uses it to analyze the economic efficiency of selective and universal prohibitions of every kind of antitrust-law-covered business conduct.

Competition Law
Introduction to This Study: This Study's Coverage and Distinctive Features.
Chapter 12: Horizontal Mergers and Acquisitions.
Chapter 13: Conglomerate Mergers and Acquisitions.
Chapter 14: Vertical Mergers and the Pricing Techniques, Contract-of-Sale Provisions, and Sales-Policies That Are Surrogates For Vertical Integration.
Chapter 15: Joint Ventures and Other Types of Functionally-Analogous Collaborative Arrangements.