Rupprecht Podszun - Böcker

This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the 'economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more 'economic approach' has led to a modernization of competition law throughout the world. This book comprehensively examines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economics in the field of competition will also find this book invaluable. Contributors: O. Budzinski, U. Cantner, J. Drexl, C. Engel, A. Fuchs, J. Haucap, A. Heinemann, L. Idot, W. Kerber, W.E. Kovacic, R. Podszun, M. Polo, D.L. Rubinfeld, D. Schroeder, V.J. Vanberg, G.J. Werden, B.J. Wilson, D. Zimmer

Competition and Sustainability critically examines how the market economy can be preserved without compromising the Sustainable Development Goals of the UN. Serving as a useful overview of the problems and solutions found in one of the most controversial issues in current antitrust doctrine, this topical book offers concrete policy options for EU competition law.How can concerns over climate change, the supply chain, or animal welfare be integrated into antitrust? What can competition agencies do to help transform the market economy to a more sustainable one? Renowned experts in competition economics, law and sustainability answer these questions, and in doing so dissect issues such as cartels, exemptions, monopolisation, the environmental, social, and governance transformation, and merger control. Problems with government intervention in markets, quantification, and the danger of greenwashing are confronted with a thorough examination of the options for policy reform.This indispensable book tackles the transformation to the sustainable market economy with competition at its core. It will prove useful to academics in the fields of competition and antitrust law, corporate law and governance, European law, environmental law, and political economy, as well as policymakers and practitioners working in legal and economic fields.

This commentary provides an expert article by article guide to the The Digital Markets Act and its application. The Digital Markets Act (DMA) is the European project for regulating digital gatekeepers. The DMA is the first encompassing legislative set of rules that goes beyond traditional competition law and provides essential rules for doing business with digital gatekeepers, in response to the global recognition of the need for increased regulation of the sector. This volume explores who, as "digital gatekeeper", is the direct addressee of the prohibited conduct, how the obligations must be implemented, what rights the commercial users of the platforms are entitled to, and how to proceed in the event of a violation against gatekeepers. All lawyers practising in the digital market sector will find this an invaluable resource.

Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant? Including analysis of the EU as well as individual nations such as the USA, Germany, France, Italy, China, Japan, Australia and developing countries, this book presents the state of the art in abusive practices in competition law research. Drawing on a variety of experiences from different jurisdictions, the authors answer the most fundamental questions concerning abusive practices, with a special focus placed on superior bargaining power, economic dependence and unconscionable conduct as thresholds for competition law interventions. Key areas such as market definition in platform markets, use of presumption in antitrust law, commitment procedures and aggregate concentration concerns are all discussed within this context. Essential reading for competition lawyers and economists, Abusive Practices in Competition Law gives comprehensive advice and insight for those dealing with antitrust concepts and practical cases of abusive conduct.Contributors include: A. Al-Ameen, M. Bakhoum, P. Behrens, D. Bosco, T. Cheng, F. Di Porto, V. Falce, X. Fang, A. Fels, K. Fuchikawa, M. Gal, M. Ioannidou, M. Lees, L. Marx, R. Podszun, A. Robles Martín-Laborda, L. Silva Morais, T. Takigawa, S. Thomas, L. Tomé Feteira, P. Van Cleynenbreugel, F. Wagner-von Papp

This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the 'economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more 'economic approach' has led to a modernization of competition law throughout the world. This book comprehensively examines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economics in the field of competition will also find this book invaluable. Contributors: O. Budzinski, U. Cantner, J. Drexl, C. Engel, A. Fuchs, J. Haucap, A. Heinemann, L. Idot, W. Kerber, W.E. Kovacic, R. Podszun, M. Polo, D.L. Rubinfeld, D. Schroeder, V.J. Vanberg, G.J. Werden, B.J. Wilson, D. Zimmer

Der Gesetzgeber hat in zahlreichen Branchen eine Wende zum Privatrecht vollzogen: Materien wie die Energiepreiskontrolle sind vom öffentlichen Recht in das Privatrecht gewandert. Damit kommt den Zivilgerichten in der Wirtschaft als einer der letzten hoheitlichen Instanzen eine Schlüsselposition zu - Wirtschaftsordnung durch Zivilgerichte. Wie gehen sie damit um? Was kennzeichnet ihre Entscheidungsprozesse? Welche Schwierigkeiten stellen sich bei der Lösung neuartiger Konflikte im materiellen Recht und im Verfahrensrecht? Was macht 'gute Rechtsprechung' aus?Mit einem von der Evolutionsökonomik inspirierten Ansatz analysiert und bewertet Rupprecht Podszun die Rechtsprechung des Bundesgerichtshofs nach Deregulierungsmaßnahmen. Ohne Reformen wird die Stärkung der privaten Rechtsdurchsetzung die hoheitliche Regulierung nicht ersetzen können.Das Werk wurde 2014 mit dem Forschungspreis Soziale Marktwirtschaft des Verbands der Bayerischen Wirtschaft und des Roman-Herzog-Instituts ausgezeichnet.

​FairEconomy is a concept for a free and fair market economy. In response to the financial and economic crises of the past years, the authors develop fundamental ideas of how a market economy works, what rules markets need and who safeguards fairness and equal opportunity in such an economy. The book sets out the design of a sustainable market order: Going back to the very roots of doing business it offers a fascinating insight into the cultural and anthropological premises of the market economy. Fairness and free competition can be identified as key elements of successful markets, sometimes neglected in politics and business. Legal rules need to ensure that fairness and economic freedom work. The same holds true for the relationship of risk and liability that has been overlooked in the banking sector. The ideas of a FairEconomy, sketched in this book, are fit to become a reality: The authors point to institutions and mechanisms that could integrate the concept into global law. They place their trust less upon ever-larger institutions and more on private entitlement and enforcement at the global, regional, and local levels.   ​

​FairEconomy is a concept for a free and fair market economy. In response to the financial and economic crises of the past years, the authors develop fundamental ideas of how a market economy works, what rules markets need and who safeguards fairness and equal opportunity in such an economy. The book sets out the design of a sustainable market order: Going back to the very roots of doing business it offers a fascinating insight into the cultural and anthropological premises of the market economy. Fairness and free competition can be identified as key elements of successful markets, sometimes neglected in politics and business. Legal rules need to ensure that fairness and economic freedom work. The same holds true for the relationship of risk and liability that has been overlooked in the banking sector. The ideas of a FairEconomy, sketched in this book, are fit to become a reality: The authors point to institutions and mechanisms that could integrate the concept into global law. They place their trust less upon ever-larger institutions and more on private entitlement and enforcement at the global, regional, and local levels.   ​