Handbook of Research in Trans-Atlantic Antitrust (Elgar by Philip Marsden

By Philip Marsden

This finished study guide brings jointly state-of-the-art felony and financial research into antitrust concerns via major specialists from Europe, america, Canada, Mexico and South the United States. The instruction manual of study in Trans-Atlantic Antitrust covers a wide-range of parts together with: * the that means of buyer welfare * mergers in monopsony markets * unilateral results * inner most and felony enforcement * imposing pageant coverage in regulated sectors * abuse of highbrow estate rights * pageant treatments * foreign enforcement cooperation * complainants' rights * dominant company pricing * tying and bundling. The instruction manual additionally comprises discursive attention of the similarities and transformations one of the numerous regimes on each side of the Atlantic, in addition to a glance to destiny tendencies and purposes in local and international contexts. supplying a comparative view of urgent antitrust matters, this instruction manual might be of significant curiosity to teachers, legal professionals, practitioners and officers.

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Application of the unilateral effects theory                    The unilateral effects theory presented by the Commission in its Statement of Objections was based on the view that the merger would limit the choices of (i) customers who, for reasons related to the product and vendor characteristics, viewed Oracle and PeopleSoft as ‘closest’ competitors and believed they could only choose Oracle or PeopleSoft software; (ii) customers who wanted to source HR and FMS software from different suppliers; and (iii) customers who did not want 30 Handbook of research in trans-Atlantic antitrust database software from Oracle (a prerequisite for running Oracle applications, which only run on Oracle databases), or at least wanted to source applications and database software from different suppliers.

In a sealed bid auction, bidders simultaneously submit bids so that no bidder knows the bid of any other participant. The highest bidder pays the price they submitted. By contrast, the DOJ took the view that a simpler model, the English auction or oral ascending auction model, best fitted the facts of the relevant market. Unlike a sealed bid auction, in an oral auction analysis, participants bid openly against one another, with each bid being higher than the previous bid. The auction ends when no participant is willing to bid further, or when a predetermined ‘buyout’ price is reached, at which point the highest bidder pays the price.

The DOJ does hint at this view in its post-trial brief, but it was never argued by the DOJ’s trial attorneys. See the Commission’s Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings [2004] OJ C31/5, paragraphs 22 and 24.

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