Antitrust Bulletin最新文献_第7页

The Economic Rationale of United States v. Google 美国诉bbb的经济原理

Antitrust Bulletin Pub Date : 2022-01-19 DOI: 10.1177/0003603X211067116

Germán Bet, R. Blair, J. Donna

引用次数: 1

Cross-Border Cartels Enforcement Under the Africa Continental Free Trade Area 非洲大陆自由贸易区下的跨国卡特尔执法

Antitrust Bulletin Pub Date : 2021-12-01 DOI: 10.1177/0003603X211045754

Hardin Ratshisusu, Mapato Ramokgopa, Elikana Maroge

{"title":"Cross-Border Cartels Enforcement Under the Africa Continental Free Trade Area","authors":"Hardin Ratshisusu, Mapato Ramokgopa, Elikana Maroge","doi":"10.1177/0003603X211045754","DOIUrl":"https://doi.org/10.1177/0003603X211045754","url":null,"abstract":"Effective enforcement of competition laws on a global scale is a prerequisite for open economies, fair trading conditions, and level playing fields, and ultimately, inclusive economic development for improved and better lives. Improving enforcement co-operation between competition authorities has been a priority for the Organization for Economic Co-Operation and Development, United Nations Conference on Trade and Development, and International Competition Network for many years. This article argues that there is increased scope for competition authorities in Africa to effectively regulate cross-border cartel activities under the Africa Continental Free Trade Area (AfCFTA). It is recognized that for the AfCFTA to meet its general objectives under Article 3 of the AfCFTA framework agreement, States Parties must develop a framework on competition policy which is part of the second phase of the negotiations that will culminate into a Protocol on Competition Policy. Following a review of competition policies and laws of selected African countries in Southern African Development Community, East African Community, Economic Community of West African States, and Common Market for Eastern and Southern Africa, this article suggests an appropriate competition law and policy for Africa, particularly one that will enhance capability to combat cross-border cartels.","PeriodicalId":36832,"journal":{"name":"Antitrust Bulletin","volume":"66 1","pages":"528 - 543"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49256352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Predatory Pricing Under the Federal Competition and Consumer Protection Act of 2019 of Nigeria: An Unfinished Business 根据尼日利亚2019年联邦竞争和消费者保护法的掠夺性定价:一项未完成的事业

Antitrust Bulletin Pub Date : 2021-11-11 DOI: 10.1177/0003603X211045437

Wiseman Ubochioma

引用次数: 0

Introduction 介绍

Antitrust Bulletin Pub Date : 2021-10-10 DOI: 10.1177/0003603x211044905

R. Ahdar

引用次数: 0

The Centrality of Rivalry 竞争的中心性

Antitrust Bulletin Pub Date : 2021-10-03 DOI: 10.1177/0003603X211045435

R. Ahdar

引用次数: 0

Labor Noncompete Agreements: Tool for Economic Efficiency or Means to Extract Value from Workers? 劳动竞业禁止协议：提高经济效率的工具还是从工人身上获取价值的手段？

Antitrust Bulletin Pub Date : 2021-09-30 DOI: 10.1177/0003603X211045443

David J. Balan

引用次数: 1

Partial Price-Fixing and Semi-Collusion 部分价格垄断和半串通

Antitrust Bulletin Pub Date : 2021-09-30 DOI: 10.1177/0003603X211045434

C. Noonan

{"title":"Partial Price-Fixing and Semi-Collusion","authors":"C. Noonan","doi":"10.1177/0003603X211045434","DOIUrl":"https://doi.org/10.1177/0003603X211045434","url":null,"abstract":"Many cartels do not directly fix the price of products. Instead, the participants may agree on a starting price for negotiations or the price of a component of the overall price. Antitrust investigations reveal that cartel agreements are also often very imperfectly implemented. Antitrust law in the United States and the European Union has typically taken a robust approach to these practices even where economic analysis might be unable to show that such practices always or almost always harm consumer welfare. The decision of the New Zealand Supreme Court in Lodge Real Estate Ltd. v. Commerce Commission offers a New Zealand perspective on the concept of a price-fixing agreement and imperfect collusion. The Court, this article argues, reached the correct decision in Lodge. The decision, however, evidences a pragmatic judgment, rather than the confident deployment of economic learning or foreign case law within the statutory framework of the Commerce Act 1986. The language of sections 30 and 30A of the Act was borrowed from an Australian statute, which in turn had attempted to capture the state of United States price-fixing law in the 1970s. A more formalistic and pre-Chicago approach to antitrust is evident in the language, much of which was inspired by United States v. Socony-Vacuum Oil Co. The case also highlights some of the distinctive features of the competition law in New Zealand. The reluctance to develop to guide in the application of the general provisions of the Commerce Act and requiring a demonstration of an effect on price on the facts may mark a departure from the body of pricing case law in the United States and the European Union and risks undermining the per se prohibition of cartel conduct in the Commerce Act. Without the same depth and breadth of cartel case law, the adoption of a more flexible approach to anticompetitive agreements evident in some decisions in the United States and the European Union could have different effects in a smaller jurisdiction.","PeriodicalId":36832,"journal":{"name":"Antitrust Bulletin","volume":"66 1","pages":"481 - 509"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47057556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Designing an AfCFTA-Driven Continent-Wide Competition Policy Around the Regional Economic Communities 围绕区域经济共同体设计由非洲自由贸易区驱动的全大陆竞争政策

Antitrust Bulletin Pub Date : 2021-09-29 DOI: 10.1177/0003603X211045749

Fiona Okadia, Emmanuel Wa-Kyendo, Melody Njeru, Darmi Jattani, L. Kemboi

{"title":"Designing an AfCFTA-Driven Continent-Wide Competition Policy Around the Regional Economic Communities","authors":"Fiona Okadia, Emmanuel Wa-Kyendo, Melody Njeru, Darmi Jattani, L. Kemboi","doi":"10.1177/0003603X211045749","DOIUrl":"https://doi.org/10.1177/0003603X211045749","url":null,"abstract":"Implementation of the African Continental Free Trade Area (AfCFTA) Agreement will lead to liberalization of trade in Africa, thus expanding the market for African products and services. Expansion of markets necessitates development of a regulatory framework that will promote healthy competition among businesses and protect consumers’ welfare. The Agreement recognizes this fact and has set out the Competition Protocol among the key enablers of its success. Since the regional economic communities (RECs) are the building blocks of the continental wide free trade area, the analysis of their regional competition regime is paramount for providing insight that will guide the development of the Competition Protocol. This article responds to this need by analyzing Africa’s four largest RECs and providing policy proposals on how the continental competition policy should be fashioned. Specifically, this article looks at the RECs’ institutional structure, principles, and carries out a legal, economic, and political analysis on the same. It examines how these laws relate to the three elements (abuse of dominance, anticompetitive mergers, and acquisitions) of competition policy and the challenges that they pose in achieving AfCFTA’s goal. It also looks into the challenges that affect trade and fair competition in the region. Finally, it offers proposals on the competition framework that bridge the gap between the AfCFTA Agreement objectives and the African economic, political, and legal realities.","PeriodicalId":36832,"journal":{"name":"Antitrust Bulletin","volume":"66 1","pages":"556 - 575"},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46126613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Coca-Cola Company/Coca-Cola Beverages Africa Merger: Lessons for Robust Regional Competition Enforcement 可口可乐公司/可口可乐饮料非洲合并:加强区域竞争执法的经验教训

Antitrust Bulletin Pub Date : 2021-09-29 DOI: 10.1177/0003603X211045436

Grace Nsomba

引用次数: 0

The Vodafone/Sky Decision and Vertical Mergers in New Zealand 沃达丰/天空的决定和新西兰的垂直合并

Antitrust Bulletin Pub Date : 2021-09-27 DOI: 10.1177/0003603X211044907

Paul G. Scott

引用次数: 0