By Niamh Dunne
Niamh Dunne undertakes a scientific exploration of the connection among festival legislation and fiscal rules as felony mechanisms of industry keep watch over. starting from a theoretical evaluation of those felony tools as discrete mechanisms, the writer is going directly to handle a number of aspects of the noticeable interrelationship among festival legislations and monetary rules. She considers, among different facets, the concept that of regulatory pageant legislation; deregulation, liberalisation and 'regulation for competition'; the concurrent program of pageant legislations in regulated markets; and correct institutional points together with industry learn strategies, the distribution of enforcement powers among pageant corporations and region regulators, and likely criminal powers that show a 'hybridised' caliber mendacity among pageant legislation and monetary rules. all through her review, Dunne identifies and explores recurrent concerns that tell and form the optimum courting among those felony mechanisms inside any jurisdiction.
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Additional resources for Competition Law and Economic Regulation: Making and Managing Markets
Outcome-focused conceptions of competition law emphasise the socially desirable distribution that competitive markets are presumed to yield. Process-focused conceptions, by contrast, aim to facilitate the functioning of the market mechanism to the fullest extent, albeit on the implicit assumption that this secures a desirable outcome eventually. These conceptions are not mutually exclusive: the optimal market result may well be the same under both. What differs is the extent of the role for competition law in securing the speciﬁc parameters of the preferred outcome.
Considered by Hovenkamp (2001:269); Pitofsky (1979:1058). Discussed by Bork (1978:49); Posner (2001:25–6); Pitofsky (1979:1058); Kovacic (2007:51–64); contra Kirkwood & Lande (2008:233–6); Schwartz (1979). Fox (1981:1191); Fox (1986b:578); Breyer (1987:1006); Burton (1997:160). Fox (1981:1169). ii. 164 Thus, competition is a process that results in the wealth of society being put to its highest uses rather than dictating a speciﬁc outcome, while competition law is concerned with protecting this process.
V. United States, 328 US 781 (1946), 813-4. Under EU competition law, a market share of 50 per cent or higher creates a presumption of dominance (Case C-62/ 86 Akzo v. Commission, EU:C:1991:286, para. 60), and dominance can be found where the market share falls below this level if other factors support the ﬁnding (see Case C-95/ 04 P British Airways plc. v. 7 per cent sustained a ﬁnding of dominance). Hovenkamp (2010:244–9), however, demonstrated that the differences in scope between these provisions are less signiﬁcant in practice.
Competition Law and Economic Regulation: Making and Managing Markets by Niamh Dunne