The Economic Characteristics of Developing Jurisdictions


Book Description

There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these shoul







Drafting Competition Law for Developing Jurisdictions


Book Description

Developing jurisdictions often share some socio-economic characteristics, including highly concentrated markets, state ownership of major businesses, scarce human and financial resources, poor infrastructure, systemic poverty, cronyism, and corruption. This article attempts to sketch some of the implications of such characteristics on the competition law rules to be adopted by developing jurisdictions, based, inter alia, on the experience some developing jurisdictions already have with such laws. The analysis raises intriguing and complex issues, such as what the country seeks to and can probably derive from a competition law; What should be the presumptions that stand at the basis of the law; How should the lack of resources and the political economy characteristics affect the design of competition law institutions and the formulation of substantive prohibitions; and should public interest considerations be incorporated into the law, and if so how and by whom.




The Economics and Implications of Data


Book Description

This SPR Departmental Paper will provide policymakers with a framework for studying changes to national data policy frameworks.




Antitrust and Upstream Platform Power Plays


Book Description

Large digital platforms have been in the doghouse of antitrust decision-makers worldwide in recent years. Antitrust regulators agree, urgent intervention is needed. Interestingly, it is the plight of victimized suppliers--of merchants, app developers, publishers, platform labourers, and the like, who are upstream in the value chain--that has topped the policy agenda, prompting scrutiny of an almost unprecedented intensity. Amid such anxieties, Antitrust and Upstream Platform Power Plays asks a somewhat provocative question: Are upstream platform power plays really 'competition problems', and ones for antitrust, at that? The apparently obvious answer--'yes'--is deceptively simple for a number of reasons. Firstly, it contradicts contemporary antitrust's single-minded focus on consumers, which has all but erased supplier exploitation in the brick-and-mortar economy from the policy's radar. Secondly, the wider antitrust community remains bitterly divided when it comes to judging platform practices. In addition, if any consensus could be had, it would almost certainly confirm the longstanding tenet that antitrust cannot be about supplier welfare, as such. These paradoxes call for a policy introspection-precisely what this book provides. The analysis offered in Antitrust and Upstream Platform Power Plays is altogether normative, theoretical, and practical. Normative because it engages in a supplier-mindful soul-searching exercise, which advances our understanding of antitrust's foundations; theoretical as it sheds multidisciplinary insights on upstream effects in the platform economy and develops new frameworks for rationalizing them; and practical since it takes a deep dive into the complex antitrust machinery whilst staying attuned to other available levers of public action. Answering a compelling question with an equally compelling answer, this work will appeal to scholars and policymakers worldwide with a particular interest in platform regulation, antitrust, and powerful digital platforms.




EU Trade Mark Law and Product Protection


Book Description

This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.




Exclusionary Practices


Book Description

With discussions on economic theory, cases, law, and policy, this book gives a well-rounded view of exclusionary practices and monopolization.







The Oxford Handbook of Industrial Policy


Book Description

Industrial policy has long been regarded as a strategy to encourage sector-, industry-, or economy-wide development by the state. It has been central to competitiveness, catching up, and structural change in both advanced and developing countries. It has also been one of the most contested perspectives, reflecting ideologically inflected debates and shifts in prevailing ideas. There has lately been a renewed interest in industrial policy in academic circles and international policy dialogues, prompted by the weak outcomes of policies pursued by many developing countries under the direction of the Washington Consensus (and its descendants), the slow economic recovery of many advanced economies after the 2008 global financial crisis, and mounting anxieties about the national consequences of globalization. The Oxford Handbook of Industrial Policy presents a comprehensive review of and a novel approach to the conceptual and theoretical foundations of industrial policy. The Handbook also presents analytical perspectives on how industrial policy connects to broader issues of development strategy, macro-economic policies, infrastructure development, human capital, and political economy. By combining historical and theoretical perspectives, and integrating conceptual issues with empirical evidence drawn from advanced, emerging, and developing countries, The Handbook offers valuable lessons and policy insights to policymakers, practitioners and researchers on developing productive transformation, technological capabilities, and international competitiveness. It addresses pressing issues including climate change, the gendered dimensions of industrial policy, global governance, and technical change. Written by leading international thinkers on the subject, the volume pulls together different perspectives and schools of thought from neo-classical to structuralist development economists to discuss and highlight the adaptation of industrial policy in an ever-changing socio-economic and political landscape.