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Edited Legal Collections Data |
Book Title: Abusive Practices in Competition Law
Editor(s): Di Porto, Fabiana; Podszun, Rupprecht
Publisher: Edward Elgar Publishing
ISBN: 9781788117333
Section Title: Foreword: important divergences
Author(s): Nihoul, Paul; Takahashi, Iwakazu
Number of pages: 2
Extract:
Foreword: important divergences One can say that a relative consensus exists among competition law scholars about how horizontal restrictions to competition should be addressed under the rules of competition when such restrictions are generated by bi- or multilateral behaviour. By contrast, the debate remains open, to a certain extent, for vertical restrictions, with some countries denying providers the possibility to limit the freedom of their distributors where others do not introduce such limitations. But beyond these differences, there remains one important area where positions about whether intervention is warranted widely differ among countries that area being the identification of practices deemed undesirable where adopted by firms having a significant market power. That very topic was chosen as a theme for a conference held by Ascola in Tokyo, the purpose being to debate the boundaries placed in legal systems on behaviour adopted by powerful firms around the globe. During the conference, Ascola scholars exchanged their perspectives, mainly, on two issues. On the one hand, the identification of criteria, thresholds and elements to be used to determine the conditions under which market power, at some point, may appear to be excessive. And, on the other hand, the type of practices which, when used by firms with such a market power, could trigger an intervention on the part of antitrust regulators or judges. Can conclusions be drawn from the rich debates that took place on these issues? One is that agreement on the subject matter is still far from being reached. Some legal ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2018/1502.html