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Competition Law And Policy In The EC And UK

TL;DR: The fourth edition of the competition law and policy in the EC and UK as mentioned in this paper provides a clear guide to and outline of the general policies behind, and the main provisions of the EU and UK competition law.
Abstract: Competition law, at both the EC and UK levels, plays an important and ever-increasing role in regulating the conduct of businesses. Based on the premise that open and fair competition is good for both consumers and businesses, competition law prevents businesses from entering into anti-competitive agreements and from abusing their dominant market position. Competition Law and Policy in the EC and UK looks at how competition law affects business, including: co-ordinated actions; pricing behaviour; take-overs and mergers; and state subsidies. It provides a clear guide to and outline of the general policies behind, and the main provisions of EC and UK competition law. Information is presented within a structured framework, complete with a glossary of useful terminology. This fourth edition has been revised and updated to take into account developments since publication of the previous edition, including expanded coverage of the regulation of cartels, the development of private enforcement, the consideration of IP issues in Microsoft, and extended discussion of UK competition Law.
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Dissertation
01 Jan 2014
TL;DR: In this paper, an improved version of rational choice theory in criminology is proposed to analyze financial white-collar crime in various financial systems, namely, market-based, socialist, and Islamic systems.
Abstract: Financial crimes have become one of the most destructive types of crime in post-industrial societies in terms of economic and financial consequences. While the importance of financial institutions in the modern economic system cannot be negated, their critical function in the society with their enormous powers brings about many questions, especially in relation to systems of checks and balances. The increasing number of adverse examples in the last decades provide evidence for the enormous negative consequences of corporate failures resulting from shortcomings in the checks and balances. This study, hence, is motivated by the current financial failures, and aims at exploring and examining financial crimes in terms of the process of becoming a financial white-collar criminal in various financial systems, namely capitalist, socialist and Islamic systems, as well as exploring the vulnerability and propensity of each system in relation to financial crimes. In addition, this study, departing from the shortcomings of Eurocentric understanding and referring to cultural and religious norms, aims to re-conceptualise some of the concepts, subcategories and dimensions with the objective of developing and theorising an improved version of rational choice theory in criminology for a better comparison. In fulfilling the aims of the study, a discourse analysis approach through a deconstruction method is utilised to locate and identify the underpinnings of the existing theoretical frameworks through comparative case study as a method, by comparing extreme cases of market/capitalist finance, socialist/transitional and Islamic/moral finance. In addition, grounded theory is used as a method to construct a modified version of the existing theories by using a number of formal codes such as ‘motivation’, ‘environment’, ‘target’, ‘guardian’ as concepts and ‘opportunity spaces’, ‘real, perceived selves’, ‘ideal and feared’, ‘need and guarding gaps’, ‘haste’, ‘expectations’, ‘deviance’, ‘crime motivation’, ‘act of crime’ etc. as subcategories and ‘material’, ‘social’ and ‘moral’ as dimensions. Such an attempt is rationalised on the ground that the current criminology theories are unfortunately linear theories and they do not make decisions about a regular person. Therefore, there is no crime theory that is confident enough to receive a regular person and make dynamic, relativist, complex analysis about them in prospect, depending on the changing conditions of the inner and outer world of the individual, unlike the ‘complex theory of crime’ produced by this research through grounded theory. A comparative analysis to order the financial systems according to their vulnerability to financial crimes is also provided in this study using the ‘opportunity spaces’ concept of the grounded theory which develops the classical ‘opportunity’ argument of the rational choice theory to almost a small theory of opportunity. This analysis suggests that the most vulnerable financial system to financial crime is the market based financial system, which is followed by socialist/transitional and Islamized financial systems. The comparative analysis of the study on crime propensities of financial systems also confirms the literature on economic and financial systems that argues that the financial systems are converging despite their strong and distinctive ontological and epistemological differences and capacities to enrich and improve each other. The theoretical model developed in this study reveals that crime motivation is only an extension of ordinary motivation and has a dynamic nature. Dynamic in both the micro world of the individual and his/her close social/physical environment and also the macro environment in terms of the wider space of political-economy and social culture. This study fills an important gap in criminology literature which has been sought for decades since the 1970s. Indeed, the resultant theory in this study is unique in its approach because it is a micro-founded macro theory, unlike all the criminology theories which have either micro (biological, psychological theories, control theories) or macro (i.e. symbolic interactions, social bonds theory, life-course theory, conflict theory) foundations.

58 citations


Cites background from "Competition Law And Policy In The E..."

  • ...Competition crime prevention can be a good example to show this fact (Rodger and Macculloch, 2001)....

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Book
05 Jun 2012
TL;DR: In this paper, a thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and the differences between US and EU systems taking examples from regions such as Africa, the Middle East and Asia.
Abstract: This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between US and EU systems Taking examples from regions such as Africa, the Middle East and Asia, Maher M Dabbah looks at the law and policy in developing countries and at a regional level, the internationalisation of competition law and the doctrines of extraterritoriality, bilateral cooperation and multilateral cooperation as well as the relationship between competition and trade policy The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy It is written in a language and style which make such a complex topic both possible to understand and enjoyable

40 citations

Book
06 Feb 2014
TL;DR: A normative approach to the criminalisation of cartel activity has been proposed in this paper, where corporate responsibility, agency and the advantages of vicarious liability have been discussed and a normative approach has been taken to criminalize cartel activity.
Abstract: Introduction 1 A normative approach to the criminalisation of cartel activity 2 Corporate responsibility, agency and the advantages of vicarious liability 3 Closing the deterrence gap: individual sanctions 4 The American experience of cartel control: values and effectiveness 5 The European experience 6 The UK experience 7 Internationalisation and transplantation Conclusion

35 citations

Dissertation
01 Jan 2014
TL;DR: In this article, the authors present a list of ABBREVIATIONS and a table of contents of the ABB report, which is a summary of ABBVIATION evidence.
Abstract: ...............................................................................................2 ACKNOWLEDGMENTS..........................................................................3 LIST OF ABBREVIATIONS.....................................................................4 TABLE OF CONTENTS.............................................................................5 CHAPTER 1: INTRODUCTION 1.

13 citations