Reforming Antitrust

REFORMING ANTITRUST Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for ...

Author: Alan J. Devlin

Publisher: Cambridge University Press

ISBN: 9781009006262

Category: Law

Page:

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Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

Antitrust Remedies Reform

ANTITRUST REMEDIES REFORM - S . 2022 AND S. 2162 FRIDAY , MARCH 21 , 1986 U.S. SENATE , COMMITTEE ON THE JUDICIARY , Washington , DC . The committee met , pursuant to notice , at 9:30 a.m. , in room SD226 , Dirksen Senate Office ...

Author: United States. Congress. Senate. Committee on the Judiciary

Publisher:

ISBN: STANFORD:36105045485666

Category: Antitrust law

Page: 390

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The Privatization of Health Care Reform

As just stated, antitrust reforms are unpersuasive in integrated markets. In smaller markets, however, there may be little or no chance of inducing substantial levels of integration, or of achieving effective competition between ...

Author: M. Gregg Bloche

Publisher: Oxford University Press

ISBN: 9780199770021

Category: Medical

Page: 248

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Markets, not politics, are driving health care reform in America today. Inventive entrepreneurs have transformed medicine over the past ten years, and no end to this period of rapid change is in sight. Consumer anxieties over managed care are mounting, and medical costs are again soaring. Meanwhile, the federal government remains mostly on the health policy sidelines, as it has since the collapse of the Clinton administration's campaign for health care reform. This book addresses the changes that the market has wrought- and the challenges this transformation poses for courts and regulators. The law that governs the medical marketplace is an incomplete, overlapping patchwork, conceived mainly without medical care specifically in mind. The ensuing confusion and incoherence are a central theme of this book. Fragmentation of health care lawmaking has foreclosed coordinated, system-wide policy responses, and lack of national consensus on many of the central questions in health care policy has translated into legal contradiction and bitter controversy. Written by leading commentators on American health law and policy, this book examines the widely-perceived failings of managed care and the law's relationship to them. Some of the contributors treat law as a cause of trouble; others emphasize the law's potential and limits as a corrective tool when the market disappoints. The first two chapters present contrasting overviews of how the doctrines and decision-makers that constitute health law work together, for better or worse, to constrain the medical marketplace. The next six chapters address particular market developments and regulatory dilemmas. These include the power of state versus federal government in the health sphere, conflict between insureres and patients and providers over medical need, financial rewards to physicians for frugal practice, the role of antitrust law in the organization of health care provision and financing, the future of public hospitals, and the place of investor-owned versus non-profit institutions. Acknowledging the health sphere's complexities, the authors seek remedies that fit this country's legal, political, and cultural constraints and can contribute to reasoned regulatory goverance. Within limits they believe a measure of rationality is possible.

Cartelization Antitrust and Globalization in the US and Europe

The OECD strongly supported reforming domestic privacy laws so that antitrust authorities are permitted to share investigatory evidence. The organization argued for “international treaties or domestic laws authorizing a competition ...

Author: Mark S. LeClair

Publisher: Routledge

ISBN: 9780415573436

Category: Business & Economics

Page: 198

View: 252

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This book provides a comprehensive examination of the history of cartels in the US and Europe and the development of significant new antitrust tools, evaluating how economic forces and globalization have altered the structure of collusion.

Reforming Antitrust

Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest.

Author: Alan J. Devlin

Publisher: Cambridge University Press

ISBN: 1108999905

Category: Law

Page: 300

View: 919

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Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

Recent efforts to amend or repeal the Robinson Patman act

And even where direct price , profit , and wage controls may be necessary as I will argue they are in some industries - there is still an important place for a reformed antitrust program and for other policies to make market competition ...

Author: United States. Congress. House. Committee on Small Business. Ad Hoc Subcommittee on Antitrust, the Robinson-Patman Act, and Related Matters

Publisher:

ISBN: STANFORD:36105111204181

Category: Antitrust law

Page: 628

View: 964

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The Limits of Competition Policy

What the authors offer is a thoroughgoing analysis clearly demonstrating that, whatever economic path developing countries pursue, imposing Western-style antitrust regimes will engender uncertainty, chill economic behaviour, and foster an ...

Author: A. E. Rodriguez

Publisher: Kluwer Law International B.V.

ISBN: 9789041131775

Category: Law

Page: 234

View: 149

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What the authors offer is a thoroughgoing analysis clearly demonstrating that, whatever economic path developing countries pursue, imposing Western-style antitrust regimes will engender uncertainty, chill economic behaviour, and foster an unhealthy climate for business. They employ the influential error-cost methodology to appraise the performance of competition policy and to show how such a policy creates irresolvable tensions in fragile economies with weak institutions - economies characterized by informal rules of business practice, long-standing symbiotic business-state relationships, and unpredictable state action. They mount a powerful critique of the arguments of neo-institutionalists (who fail to recognize the vulnerable nature of emerging market economies) and competition `advocates' (who presume to stand ready and vigilant to enforce competition policy on state entities). --

State Society and Corporate Power

And even where direct price , profit , and wage controls may be necessary as I will argue they are in some industries — there is still an important place for a reformed antitrust program and for other policies to make market competition ...

Author: Marc R. Tool

Publisher: Transaction Publishers

ISBN: 1412835119

Category: Political Science

Page: 508

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This volume of selections from the Journal of Economic Issues carries the institutional economics analysis of the acquisition and use of economic power into new and critically significant subject areas: law and economics, the public control of economic power, and international implications of public and private use of power to influence the flow of real income on a global scale. Its particular interest is the possession and use of corporate power, especially in relation to the state as a representative of society.

Health Care Reform

... we applaud his efforts to ensure universal access , develop a standard health benefit package , reduce administrative burdens , and reform the insurance market . We also welcome his interest in reforming antitrust restrictions .

Author: United States. Congress. House. Committee on Ways and Means. Subcommittee on Health

Publisher:

ISBN: STANFORD:36105006327196

Category: Health care reform

Page: 634

View: 258

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