Download Antitrust in the Groceries Sector & Liability Issues in by Pierre Kobel, Pranvera Këllezi, Bruce Kilpatrick PDF

By Pierre Kobel, Pranvera Këllezi, Bruce Kilpatrick

The ebook presents an research of the grocery retail marketplace in a really huge variety of nations with a world record written by means of an economist. the second one a part of the ebook bargains the research of legal responsibility concerns relating to non-compliance with CSRs with a world file through a British barrister. either issues are very timely.

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In the United States, the enforcement system makes it substantially less likely that the FTC, or the Justice Department, would seek to shape or prohibit a grocery merger than what seems to be true under the administrative enforcement systems that prevails in Europe. The numbers bear this out. Between 2004 and 2011, the NCAs conducted over 400 grocery retail merger inquiries, and 25 or so were required commitments from the parties. In that same period, the US FTC required divestment in only four mergers.

How is dependency defined? What constitutes an abuse of dependency? 1 Legal Provisions Regarding Abuses of Buying Power In a first group of countries,40 abuse of buyer power or dependency is considered to be part of a wider category of abuses of dominant position. In these countries, the concept of dominance is applied both on the seller’s side and on the buyer’s side. Thus, to establish that a grocery retailer has buying power, it must account for a substantial part of the procurement of groceries or of a particular grocery product.

Second, for the most part, competition authorities recognized that there was an imbalance in the negotiating powers of retailers and their suppliers, particularly when suppliers were agricultural producers. But, in most cases, the competition 1 International Report 17 authorities did not recommend the imposition of behavioral constraints on the negotiating practices of retailers. The dominant feeling expressed by competition authorities was that buying power was only occasionally a competition problem and that, when that occurred, competition law instruments were adequate to deal with the problem.

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