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Ioannidou Maria: Competition Law and
Policy in Digital Markets

Competition Law and Policy in Digital Markets

A Comparative Analysis of the EU and China

In a movement-defining book, the "godmother of the current moment of dissatisfaction with establishment politics" (The New York Times) tells the story of the rising anti-monopoly movement and charts a course to a democratic future In a short, sharp political book, The Nation magazine's "Anti-Monopolist" columnist and "a prophet of the resurgent left" (Franklin Foer) explains the battle between the forces of oligarchy and the rise of the new anti-monopoly movement. Using the stories of modern anti-monopoly heroes including Federal Trade Commission Chair Lina Khan; blueberry farmer Hugh Kent, who turned his battle with Driscoll's into a farmers' movement; and Doha Mekki, the daughter of a Sudanese asylum seeker who took on Google and won; Teachout explains how anti-monopoly cuts across traditional political lines and gives real teeth to economic populism.Teachout, a scholar of the law of democracy and a politician whose run for governor of New York State shocked the political establishment, argues that monopoly is the architecture of private tyranny, and that breaking corporate power is essential to building a new democracy. From AI to agriculture, healthcare to energy, Americans understand that corporate concentration doesn't just cause inequality; it organizes power. Anti-Monopoly gives that feeling a name, a history, and a way forward. After a spate of books out of the Abundance movement arguing that we need to remove local democracy and focus on efficiency at scale, this book provides a sharp counterpoint.

A Citizen's Guide

Anti-Monopoly

The question explored in this book is how contracts can manage uncertainties. Commercial parties face uncertainties on a regular basis. Market fluctuations, new laws and regulations, pandemics, rapid technology advancements, and geopolitical tensions are all examples of events whose nature cannot be easily foreseen or captured by the contractual parties' expectations. One possible way of addressing the uncertainty generated by such risks and events is through reliance on established contractual doctrines, such as variation or frustration. Under English law, these doctrines are traditionally limited. Another, and typically preferable, method is for contract drafters to include clauses that modify, suspend, or terminate the obligations or liabilities of one (or both) of the parties, or clauses that at least open up the options for renegotiation. Examples include material adverse change (or effect) clauses, hardship clauses, performance clauses, termination or suspension clauses, remedies clauses, and variation clauses. Such clauses raise a range of issues concerning their interpretation, effect and enforceability; the consequences that follow when the clauses do not work as planned; the consequences of allocating contractual discretion to a party to determine the existence of the relevant risk or event; and the extent to which the existence of specific clauses changes the options available to the parties beyond what general contract law principles offer. The book advances the understanding of how the law deals with the unexpected and is an essential read for academics, students, and practitioners, including contract drafters, legal advisors, and litigation lawyers.

Contract Law and the Unexpected

Routledge Research in Information Technology and E-Commerce Law

This book will provide critical insights into Internet governance through an in-depth examination of human rights law and will be of great interest to students and academics with an interest in IT law, Internet regulation and human rights law.

A Human Rights Perspective

Internet Governance

Antitrust and competition laws are government regulations that seek to encourage competition by limiting the market power of firms. Some degree of monopolistic or market power has long been a feature of our economies and is most recognisable today through the activities of companies such as Google, Amazon, Meta, Microsoft and Apple. The concept of market power remains a central idea in fields such as industrial organization, the economics of regulation, competition law and competition policy, yet there is still much debate about how to define it and how to measure it. Antitrust and Competition Policy suggests a new approach for identifying market power and building on it sets out, for the first time, a sound, comprehensive economic foundation for competition law and policy. This framework sheds new light on a range of antitrust violations including the discernment of anti-competitive mergers, abusive practices and restrictive agreements.

A New Foundation

Antitrust and Competition Policy

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Paradigms, Exceptions and Hybrids

Enforcement Rights in Public and Private Law

English law of sale of goods is an important area of commercial law, occupying a central place in the UK law schools curricula as well as in legal practice. Now in its fifth edition, The Sale of Goods offers a systematic and rigorous study of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and, although of diminishing importance, EU legislation. Fully updated with the most recent case law, this book examines the relationship between statute (the Sale of Goods Act 1979) and the underlying common law, as well as the connection between contract and property law. The passing of property from seller to buyer is discussed, alongside mistake, frustration, and risk. Performance issues, including delivery and payment, are addressed in depth, as are the implied terms of description, satisfactory quality, and fitness for purpose. Breach and termination are explored through the lens of conditions, warranties, innominate terms, and repudiation, with detailed discussion of the buyer's right to reject goods and its loss through acceptance. Misrepresentation and exclusion clauses also come in for detailed discussion. The book concludes with a comprehensive treatment of remedies, including the seller's real rights over goods in cases of non-payment, actions for debt and specific performance, and damages for non-acceptance, non-delivery, late delivery, and the delivery of non-conforming goods. Significant important cases include: damages; contractual certainty; specific performance; cryptoassets and coins; gambling chips; cancellation clauses; conditions precedent; passing of property; insurable interest; frustration; change of position; right to sell; contract quantity; waiver; delivery; innominate terms; divisible contracts; deposits and advance payments; time of essence; fitness for purpose; description; fraud; misrepresentation; express warranty; consumer safety; exclusion clauses; affirmation; termination; repudiation; rejection; interest; failure of consideration; market damages; mitigation of damages. Statutory developments include: Digital, Markets, Competition and Consumers Act 2024; Electronic Documents Act 2023; and post-Brexit modification of EU-inspired legislation.

The Sale of Goods

Routledge Research in Legal Philosophy

This book explores democratic development in Indonesia-the world's third-largest democracy after India and the United States. Through case studies, it looks at two rival versions of democracy-the republican form and the electoral form-and posits that electoral democracy is not sustainable without republican institutions, laws, and norms. In recent years, there has been growing instability in Indonesian democracy, with brutal fighting among political forces and deep polarization. This book contends that what needs to be explained is not the democratic decline in Indonesia but rather the deviant form of democracy that the country has been practicing since the fall of the military dictatorship. It is argued that in the last twenty-five years, Indonesia has practiced a Schumpeterian form of democracy with a heavy emphasis on election while neglecting the minimum threshold of a healthy republican form of democracy: political participation, equality of virtues, and the principle of nondomination. The book invites readers on an intellectual journey to explore the republican ideal through the lenses of philosophy, law, politics, and the history of the problem of democracy in Indonesia.

A Legal Philosophical Analysis

Democracy and the Rule of Law in Indonesia

Landmark Cases

Substantive Cases

Landmark Cases in EU Law, Volume 2

This open access book critically analyses a wide range of consumer law issues generated or exacerbated by the Internet of Things. The Internet of Things challenges many of the dichotomies which have shaped current laws: goods-services, hardware-software, tangible-intangible, online-offline. The book focuses on 4 specific challenges: things-as-service, liability, bricking of physical devices through software control, and the potential for enhanced personalisation, especially for digital assistants. The chapters analyse specific applications such as smart homes, connected cars, and consumer wearables with a view to providing innovative solutions to the new challenges posed by the Internet of Things, and to steer the development of the Internet of Things in a fairer direction. As well as offering an important analysis of the potential for smart consumer laws in the Internet of Things, the book also provides important insights into the growing divergence between Germany's and the UK's consumer laws since Brexit. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI (Arts and Humanities Research Council) and the German Research Foundation (DFG).

Competition Law and Policy in Digital Markets

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