Buyer Power Assessment in Competition Law


Book Description

In recent decades, the development of very large buyers in previously more fragmented industries makes buyer power a recurrent issue in competition law cases. Buyer power can simultaneously be a boon and a menace for markets and competition. It may provide a countervailing force to enhanced seller power, and unless it leads to successive power, it can lead to lower prices in the downstream market. However, buyer power may also be socially detrimental, when it is not in the presence of strong seller power. It may undermine the long-term viability of suppliers and their willingness for innovation. Thus, the impact of buyer power in the economy is ambiguous. Analysis of buyer power should be on a case-by-case basis and involve an assessment of the likely distortion in both the upstream and the downstream markets. There should be no presumption that buyer power per se is infringing competition law.This article will focus both on analysing countervailing buyer power and anticompetitive buyer power (or buyer market power). The article will address the issue of market definition and analyse the measures for assessing buyer power. It will also analyse cases involving buyer power under Articles 81 and 82 of the EC Treaty as well as under the European Control Merger Regulation (ECMR). This article has been shortlisted for the 1st World Competition Young Writer Award.




Competition Policy and the Control of Buyer Power


Book Description

This book provides a comprehensive overview of the economic and competition policy issues that buyer power creates. Drawing on economic analysis and cases from around the world, it explains why conventional seller side standards and analyses do not provide an adequate framework for responding to the problems that buyer power can create. Based on evidence that abuse of buyer power is a serious problem for the competitive process, the book evaluates the potential for competition law to deal directly with the problems of abuse either through conventional competition law or special rules aimed at abusive conduct. The author also examines controls over buying groups and mergers as potentially more useful responses to risks created by undue buyer power.




The Law and Economics of Buyer Power in EU Competition Policy


Book Description

The trend of retail concentration across the European Union has raised concerns on the buyer power that retailers may have in the relation with their suppliers. Following calls that the changing nature of competition demands a change in EU competition policy, this book investigates whether there is a 'gap' in current EU competition law concerning the potential harmful effects of buyer power from an economic efficiency perspective. Using a Law and Economics approach, the book identifies the potential concerns and assesses whether they can be addressed under the existing rules. While some critical comments are in place with regard to the consumer welfare standard that is applied, the book's analysis does not indicate that the current substantive legal framework of EU competition law is unfit to address the (potential) harmful effects of buyer power. *** Librarians: ebook available on ProQuest and EBSCO [Subject: EU Law, Competition Law, Commercial Law, Trade Law, Law and Economics]




Buyer Power in EU Competition Law


Book Description

The thesis presents a comprehensive and cross-sectional discussion of buyer power to determine the legal regulation of buyer conducts under EU competition law. It focuses on four main research areas: understanding buyer power; analysing the legal treatment given to the exertion of anticompetitive buyer power under EU competition law; exploring theories of harm applicable to buyer power abuse, and ascertaining the welfare standard employed for buyer power cases.




Buyer Power in Eu Competition Law


Book Description

Buyer Power in EU Competition Law by Ignacio Herrera Anchustegui presents a comprehensive and cross-sectional discussion of buyer power. This analysis helps to have a better understanding of the legal regulation of buying conducts under EU Competition law. The study focuses on four main research areas: understanding buyer power; analysing the legal treatment given to the exertion of anticompetitive buyer power under EU competition law; exploring theories of harm applicable to buyer power abuse, and ascertaining the welfare standard employed for buyer power cases. The author compares the treatment of such conduct under selected EU Member States and US antitrust law, and contrasts the outcomes with the EU competition law solutions to present a contribution that is novel and valuable due to its approach, depth, and scope.




Competition Law and Consumer Protection


Book Description

The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.




Competition Law


Book Description

Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: replace the economic theory of 'consumer welfare' with a principle of consumer well-being; build consumer benefits into specific areas of competition policy; assess competition cases so that income distribution effects are more beneficial to consumers; and control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field - comparing and contrasting two major systems of competition law - but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.




Ex Post Evaluation of Competition Cases


Book Description

Competition authorities use ex post evaluation of enforcement decisions to help determine if an intervention (or non-intervention) has achieved its objectives – and, if not, the reasons it failed to do so – thus allowing for improvement in the design and use of techniques used in the analysis underpinning the decision. In this essential volume, expert contributors use this procedure to provide a neutral and extensive assessment of cases that have significantly shaped European Union (EU) competition law enforcement. With in-depth analysis of foundational cases of EU competition law and the methodologies that have been developed over time to predict how enforcement decisions will affect competition, for each case the authors respond thoroughly to such questions as the following: Did the decision have an impact on the affected market? Did it improve consumer or social welfare? With the benefit of hindsight, were the factual assertions true? Were all the relevant theories of harm (and efficiency justifications) properly investigated? Was the decision able to deter similar anticompetitive behaviour? Did the decision provide clear guidance on which types of conduct should be deemed illegal? Industries covered include information technology (the Microsoft cases), payment cards (the Visa Europe 2010 Commitments Decision), pharmaceuticals, and conditional rebates (Michelin I, Michelin II and BA/Virgin). Also investigated are the role of buyer power in concentration cases and the relative strength of competition law enforcement versus regulation, where appropriate. In its accumulation of evidence from individual cases that have gradually improved our ability to grasp the connections between policy choices and the outcomes they lead to, this matchless volume has no peers. It constitutes an invaluable resource for competition authorities in performing ex post evaluations and will be welcomed by practitioners and academics concerned with European competition law.




Economics and the Enforcement of European Competition Law


Book Description

The book is well written and readable by non economists. The approaches, questions, methodology, and basis for selection of cases/interviewees are clearly explained and justified. This book is a valuable contribution to the literature. Rhonda Smith, Competition and Consumer Law Journal Recent years have seen a trend toward an economics-based approach to the enforcement of European competition law. But what is meant by economics-based , and how does this approach sit with legal and enforcement practice? This book seeks to place in perspective the growing use of economics in European competition law enforcement by examining precisely how economics contributes to the enforcement activity of the European Commission and Courts. Christopher Decker provides unique empirical insights as to how economic theory, thinking, techniques and data have featured in decision-making in the area of co-ordinated effects. The role of economics is examined throughout the entire enforcement process, from the decision to initiate an investigation to the design and implementation of remedies, and its conclusions are of general relevance to all areas of competition law enforcement where economics is used. Utilising a broad and multifaceted conception of economics, this book is essential reading for academics and students interested in European competition law, EC competition lawyers, applied industrial economists and enforcement officials. It will also be an invaluable tool for academic libraries and institutes, government agencies, law firms and economic consultancies.




Analysis of Abuse of Buyer Power Under the Kenyan Competition Law Regime


Book Description

Competition policy regime in Africa is developing at a heightened speed as countries establish and strengthen both their legal and institutional framework. This calls for continuous legal education, research and development in competition law and policy for competition lawyers and practitioners in order to achieve the benefits of competition enforcement through merger regulation and prohibition of anti-competitive conduct. Kenya remains active in competition policy reforms in Africa. In 2016, Kenya amended its Competition Act No. 12 of 2010 (Competition Act) and prohibited for the first time in Africa abuse of buyer power. The objective of this paper is to interrogate, analyze and discuss section 24(2A) of the Competition Act. This paper discusses in detail the definition, determination of buyer power and abuse of buyer power as contemplated under the Competition Act.