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El. knyga: Competition, Regulation and the New Economy [Hart e-books]

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  • Formatas: 256 pages
  • Išleidimo metai: 15-Aug-2004
  • Leidėjas: Hart Publishing
  • ISBN-13: 9781847310613
  • Hart e-books
  • Kaina: 82,48 €*
  • * this price gives unlimited concurrent access for unlimited time
  • Formatas: 256 pages
  • Išleidimo metai: 15-Aug-2004
  • Leidėjas: Hart Publishing
  • ISBN-13: 9781847310613
In addition to being the principal medium for communication, education and entertainment, the new economy is now a leading provider of goods and services through electronic channels. The new economy rides on the crest of new technological developments in computers, telecommunications and satellites creating new interactive mediums and from the deregulation and privatization of state owned enterprises in the telecommunications and broadcasting sectors. While the economic viability of the dotcoms is questioned, the existence of a new economy with novel methods of production, distribution and exchange is here to stay. Evidence of this is the fact that there are 300 million active computers in the world, with 350 million people who use the world wide web (expected to grow to one billion in four years), and the speed of microprocessors continuously increases, facilitating the use of IT. The question which is pursued in the series of essays in this book is whether the conceptual underpinnings of competition law and international regulatory mechanisms are adequate or appropriate to deal with the developments raised by the new economy.
Introduction
1(16)
Cosmo Graham
The New Economy and its Characteristics
2(2)
Potential Problems for Competition Policy
4(5)
Predation
6(1)
Tying and Bundling
7(1)
Intellectual Property Rights
8(1)
Collective Conduct
8(1)
Mergers
9(1)
Conclusions on Competition Policy
9(1)
Regulatory Questions
10(2)
Subsequent
Chapters
12(5)
Article 82 EC and New Economy Markets
17(38)
Giorgio Monti
Competing Perspectives of New Economy Markets
18(6)
Neo-structuralism
18(4)
Neo-Schumpeterianism
22(2)
The Response of the Authorities
24(1)
Relevant Market Analysis
24(7)
On-Line Music
25(3)
Top-Level Internet Service Providers
28(3)
Structuralism Prevails
31(1)
Dominance
31(5)
The Traditional Test: Market Shares Plus Entry Barriers
32(1)
Neo-Schumpeterian Definitions of Dominance
33(3)
Abuse
36(11)
Protecting One's Dominant Position
36(5)
Obligations to Co-operate with Competitors
41(4)
Extending Dominance
45(2)
An Innovation Defence?
47(3)
Remedies
50(3)
Conclusion
53(2)
Abuse of a Dominant Position and Intellectual Property Rights: A Suggestion to Reconcile the Community Courts' Case Law
55(22)
Estelle Derclaye
Confusion in the Case Law
56(5)
The Factual Background of the Case
57(2)
Conditions Required to Establish the Abuse
59(2)
An Illustration of the Confusion: The IMS Case
61(4)
The Factual Background of the Case
61(1)
The Decision of the Commission
62(2)
The Orders of the President of the Court of First Instance
64(1)
Comments
64(1)
How to Solve the Dilemma: A Suggestion
65(9)
Argument
66(7)
A Few Other Corroborating Arguments
73(1)
Conclusion
74(3)
B2B E-Marketplaces: A New Challenge to Existing Competition Law Rules?
77(14)
Joachim Lucking
B2B E-Marketplaces: Technical and Commercial Developments
77(2)
Regulatory Responses
79(1)
The Legal Assessment of B2B E-Marketplaces under EC Competition Law
80(9)
Legal Basis
80(1)
Market Definition
81(2)
Competition Issues
83(1)
Co-ordination Effects
83(3)
Market Dominance and Foreclosure
86(3)
Best Practice Guidelines
89(1)
Conclusion
90(1)
Authorities, Competition and Electronic Communication: Towards Institutional Competition in the Information Society
91(35)
PLG Nihoul
National Systems Replaced by a European Organisation
92(7)
First Stage of the Reform
92(1)
The 1987 Green Paper
93(1)
What Legal Basis?
94(1)
An Institutional Provision
95(1)
Modification of the Rapport de Forces
96(1)
Legislative Power
97(2)
The Debate Between Harmonisation and Liberalisation
99(7)
Second Stage of the Reform
99(1)
Rules Adopted by the Commission
99(1)
New Interpretation of Competition Law
100(1)
Harmonisation Process
101(1)
Harmonisation Directives
101(2)
Two Categories of Rules
103(1)
Contradictions
104(2)
Conflict at National Level
106(3)
Third Stage of the Reform
106(1)
National Regulatory Authorities (NRAs)
107(1)
National Competition Authorities (NCAs)
108(1)
National Courts
109(1)
Convergence from an Institutional Point of View
109(2)
Fourth Stage of Development
109(1)
Illustration
110(1)
An Institutional Interpretation of the Reform
111(8)
Conflict and Competition Among Authorities
111(1)
The Process of Regulatory Competition
112(2)
Institutional Competition in Electronic Communications
114(1)
Competition Among Authorities Within the Same Legal Order
115(1)
Expanding the Line of Business
116(3)
What Can We Learn About the Future?
119(7)
More Competition among Authorities
119(1)
First Difficulty: Regulation Not an Ordinary Good
120(1)
Solution: Competition Within a Given Framework
120(1)
Second Difficulty: Legal Certainty and Predictability
121(1)
Place of Unity in Society and the Legal System
122(1)
Conformity with an Information and Communication Based Society?
123(3)
Controlling the New Media: Hybrid Responses to New Forms of Power
126(33)
Andrew Murray
Colin Scott
New Media and the Problems of Effective Control
128(8)
The Regulatory Arbitrage Problem
128(2)
The Anonymity Problem
130(2)
The Scarce Resources Problem
132(4)
Extending the `Modalities of Regulation' Analysis
136(7)
Putting Controls to Work
143(13)
Hierarchy/Community
143(3)
Hierarchy/Competition
146(4)
Hierarchy, Competition and Design
150(2)
Other Forms of Control
152(4)
Excluding Hierarchy
156(1)
Conclusion
156(3)
Regulating E-Commerce in the WTO: Exploring the Classification Issue
159(26)
Fiona Smith
Background
162(5)
Defining E-Commerce
167(5)
Applying GATT and GATS to E-Commerce: Is E-Commerce Trade in Goods or Services?
172(11)
GATT
173(2)
GATS
175(8)
Conclusion
183(2)
Public Services in the New Economy
185(1)
Erika Szyszczak
The Provision of Public Services
185(2)
The Political Economy of State Intervention
187(2)
Challenges to the Provision of Public Services
189(2)
The Challenge to State Autonomy
191(3)
Hybridisation
194(5)
The Provision of Public Services by Non-State Actors
199(3)
Economic Regulation
202(1)
Market Power and Special Responsibility
203(2)
Conclusion
205


Cosmo Graham is Professor of Law at the University of Leicester. Fiona Smith is a Lecturer in Law at the University of Leicester.