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Vol 25 No 2 Feb/March 2020

Book of the Month

Cover of Lewin on Trusts

Lewin on Trusts

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Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition


ISBN13: 9781509926060
To be Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



In the US and EU, legal analysis in competition cases is done on a case-by-case approach. In assessing the legality of a particular practice, this approach examines the welfare effects of that particular practice. While this analytic method has the merits of “getting the result right” by, inter alia, reducing error costs in antitrust adjudication, this analytic method 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.

This book will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.

Subjects:
Competition Law

Series: Hart Studies in Competition Law

The EU's Antitrust Alternative ISBN 9781509910670
To be published November 2020
Hart Publishing
Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
To be published September 2020
Hart Publishing
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
Hart Publishing
£58.50
(ePub)
Buy
£27.00
(ePub)
Buy
£27.00
(ePub)
Buy
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published October 2016
Hart Publishing
Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published October 2016
Hart Publishing
£22.50
(ePub)
Buy
The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published September 2016
Hart Publishing
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published July 2016
Hart Publishing
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published July 2016
Hart Publishing
£85.50
(ePub)
Buy
£108.00
(ePub)
Buy
Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£24.29
(ePub)
Buy
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
Hart Publishing
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
Hart Publishing
£35.09
(ePub)
Buy
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
Hart Publishing
European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
Hart Publishing
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
Hart Publishing
£67.50
(ePub)
Buy
Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
Hart Publishing
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£135.00
(ePub)
Buy
Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
Hart Publishing
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£90.00
(ePub)
Buy
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£85.50
(ePub)
Buy
Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
Hart Publishing
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£63.00
(ePub)
Buy
Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned