Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law

Volume 2 uses the economic and legal concepts/theories of Volume 1 to (1) analyze the U.S. and E.U. antitrust legality of  mergers, joint ventures, and the pricing-technique and contractual/sales-policy distributor-control surrogates for vertical int

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Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law Volume II Economics-Based Legal Analyses of Mergers, Vertical Practices, and Joint Ventures

Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law

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Richard S. Markovits

Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law Volume II Economics-Based Legal Analyses of Mergers, Vertical Practices, and Joint Ventures

Richard S. Markovits School of Law The University of Texas Austin USA

ISBN 978-3-642-24312-7 ISBN 978-3-642-24313-4 (eBook) DOI 10.1007/978-3-642-24313-4 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2014939296 # Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

To Robert Leslie Markovits, my brother, for his intelligence, sense of humor, generosity, and courage—for always doing the best that he can.

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Foreword to Volume II

This two-volume study of Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law has two parts. Part I (which is presented in Chapters 1–9 and appears entirely in Volume I) focuses on Basic Concepts and Approaches. Part II (which is presented in Chapters 10–15 and is divided