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Antitrust and the Bounds of Power
By
Giuliano Amato,
Description
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.
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.
Contents
Preface
Table of Cases
Table of
Legislation
Antitrust:
Introduction 1
1 Protection of
competition or of freedom of contract? 7
2 Today\\\'s Subtle
Weapons 20
3 The Heritage of
History 39
4 \"Restrictive\"
Agreements 46
5 Abuse of a
Dominant Position 65
6 Prohibitions of
Dominant Position 78
7 Drawing
together the threads 95
8 The Dilemma of
Liberal Democracy 109
Index 130
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