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Antitrust and the Bounds of Power Giuliano Amato (Italian Constitutional Court)

Antitrust and the Bounds of Power By Giuliano Amato (Italian Constitutional Court)

Antitrust and the Bounds of Power by Giuliano Amato (Italian Constitutional Court)


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Summary

In this lucid and challenging book, Amato examines the dilemmas of antitrust law and the way they have been addressed in the US and Europe.

Antitrust and the Bounds of Power Summary

Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market by Giuliano Amato (Italian Constitutional Court)

Since it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others? In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.

Antitrust and the Bounds of Power Reviews

The text of this important book is lucid and the interesting analysis - political, economic and legal - is clearly stated. The citations of legal and economic literature are well chosen. Professor Amato's perceptive thoughts on the differences between US and EC competition law and their philosophical development are warmly welcomed. Valentine Korah European Competition Law Review September 2002 ... this book is in my view essential reading for anybody interested in antitrust practice and policy Damien J. Neven Journal of World Trade Law September 2002 The book is well written and develops a number of challenging ideas in an accessible way...Its major strength is in the depth of the research and the copious references...As a concise history of antitrust laws, the book is indispensable. The ideas which it develops are challenging and serve as a valuable balance to the mass of economic analysis which purports to explain antitrust. Angus MacCulloch The Modern Law Review Vol 62, 1999

About Giuliano Amato (Italian Constitutional Court)

Giuliano Amato is Head of the Italian Antitrust Authority, Professor of Law at the European University Institute in Florence and a former Prime Minister of Italy.

Table of Contents

Antitrust - introduction; on the surface - the technical profiles; in the foundations - the dilemma of liberal democracy. Part 1 Technical profiles - the USA: protection of competition or of freedom or contract - from the common law to the Sherman Act, early years of the Sherman Act, prohibitions to protect market pluralism increase; today's subtle weapons - the Chicago School, evolution in the Supreme Court, trends in recent cases, the present position in summary. Part 2 Technical profiles - Europe: the heritage of history - Europe's industrial culture, the Freiburger Ordoliberalen School, early development of antitrust laws, antitrust in the European Community; restrictive agreements - the normative machinery, vertical agreements, horizontal agreements; abuse of a dominant position - special responsibility, assessment of dominant position, abuse as an objective concept, individual types of abuse, in conclusion; prohibitions of dominant position - mergers - the ban and its limits, antitrust against public monopolies. Part 3 Antitrust and the bounds of power: drawing together the threads - original aims and later evolution, in the USA, in Europe, the limits to antitrust law, facing concentrated, competitive firms, changing markets - what remains?; the dilemma of liberal democracy - the dilemma of liberal democracy within the dilemma of efficiency, towards autonomy of European antitrust from other common policies, the global market and tomorrow's antitrust.

Additional information

GOR006446335
9781901362299
1901362299
Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market by Giuliano Amato (Italian Constitutional Court)
Used - Very Good
Hardback
Bloomsbury Publishing PLC
1997-10-01
154
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

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