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Social Policy Goals in the Interpretation of Article 81 EC

Constanze Semmelmann

2008

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Competition law theory S. 75-77

„… regulations. 3. Competition law theory The above-mentioned considerations have also influenced competition …” „… , especially according to the theory of a race to the bottom and ruinous competition, or provided that …” „… law theory.309The particularity of labour regulation consists of the possibility that both sides of …”

Content S. 9-16

„… competition theory 34121. Freedom as a value in itself 352. Economic efficiency 38a. General 38b. The Chicago …” „… labour markets and markets for goods and services 763. Competition law theory 774. Comment 795. The …” „… 11Content Preface 7Content 11Abbreviations 19Chapter 1: Striking the balance between competition …”

Assessment of the reform S. 200-208

„… of the non-competition goals vis-à-vis national courts and NCAs: thus, in theory, Article 10 …” „… 202 non-competition goal should take place outside of Article 81 EC as a balance between Article 81 …” „… content of the public policies and their relationship to the competition goals, the direct effect of …”

Economic efficiency S. 36-39

„… , for example, Schumpeter’s theory of dynamic competition89 aimed at adding the dynamic and …” „… big businesses, which may amount to an objective in competition theory. This has led to the (in)famous …” „… the prime and ultimate purpose of competition policy consists of the promotion and maintenance of a …”

Conclusion: No room for non-competition policies under the enforcement regime of Reg. 1/2003 S. 208-210

„… of the non-competition goals vis-à-vis national courts and NCAs: thus, in theory, Article 10 …” „… 210 With regard to the non-competition goals, the ECJ can and will have to resolve the legal …” „… question of whether non-competition goals are admissible under the new enforcement system and if so, how …”

Compatibility of and harmonisation among the several goals S. 41-44

„… . 1002 on the shift from perfect towards workable competition as a model in economic theory. 46prognoses …” „… have led to the relaxation of competition rules to quell social tensions,116 and environmental concerns …” „… competition law or have led to an obstacle in its enforcement policy.117 The achievement of socio-political …”

Freedom as a value in itself S. 32-36

„… . Competition goals from the perspective of competition theory In order to determine which goals are related …” „… 34II. Approaching the non-competition goals in the interpretation of Article 81 EC The EC Treaty …” „… that “a system ensuring that competition in the internal market is not distorted” (Article 3 (1) g) EC …”

Market Integration S. 44-47

„… analytically consistent theory. As to the objectives of EC competition law, neither the Treaty, nor the …” „… Community and the development of economic theory. As will be outlined, the main goals of EC competition law …” „… to long-term consideration.129IV. The goals of EC competition law The foregoing section is a very …”

Interplay between labour markets and markets for goods and services S. 74-75

„… regulations. 3. Competition law theory The above-mentioned considerations have also influenced competition …” „… 76different assumptions and goals. The principle of free competition essentially builds on the idea …” „… and, in particular, on competition in the market for products and services.303 Thus, since the …”

Approaching the non-competition goals in the interpretation of Article 81 EC S. 32

Balance between market and non-market goals under the EC Treaty S. 31-32

„… competition theory In order to determine which goals are related to competition, the concept of “competition …” „… 33Chapter 2: Delineation and scope of the topic in light of the goals of EC competition law I …” „… meet the proportionality test. In competition law, Article 86(2) EC provides for a justification of …”

Preface S. 5-8

„… 7PrefaceThis book takes as a starting point the relationship between the goals of EC competition …” „… and enforcement-related changes in the field of EC competition law. The major question, being a …” „… classical issue of EC competition law, is placed within a broader framework: I have undertaken an attempt to …”

Protecting competitors and fair competition S. 39-40

„… protect them from big businesses, which may amount to an objective in competition theory. This has led to …” „… its ability to translate into operable legal criteria. 4. Protecting competitors and fair competition …” „… the (in)famous claim that competition law protects competitors rather than competition. In other …”

The debate “social policy versus the market” as a part of the “economic constitution” S. 21-24

„… did not, however, develop a theory German Neoliberalism, Competition Law and the "New Europe", 42 …” „… reconciled. The determination of the goals of the current EC competition policy serves as a starting point to …” „… draw the line between competition and noncompetition goals. Subsequently, EC social policy and its …”

Reconciliation of goals S. 81-83

„… 83Chapter 4: Conflicts of goals in theory Having set out the two sets of goals separately and …” „… mechanisms through which the goals of competition law and social policy can be reconciled still remains. One …” „… techniques to reconcile different goals are herein first outlined in theory. On this basis, we will seek to …”

Economic efficiency S. 49-54

„… 51issue.156 If one acknowledges that competition has always been instrumental to broader economic …” „… absence of an envisaged change of the competition policy chapter, the practical application of the rules …” „… governed by the rules in the competition policy chapter and relevant secondary law, but those that relied …”

Comment S. 77-78

„… 794. Comment The underlying question of how to deal with the labour market from a competition law …” „… principles should replace the market mechanism. Thus and similarly to Hoppmanns theory, from an economic …” „… perspective, measures capable of replacing competition will be those that are economically beneficial and that …”

Summary and conclusion on the status quo of non-competition goals under Article 81 EC, in particular of the social policy goals S. 132-140

„… 134 5. Summary and conclusion on the status quo of non-competition goals under Article 81 EC, in …” „… , but also other non-competition goals lack a coherent analytical framework. Ipso factoexemptions, a …” „… non-competition goals. Scholars have tackled the issue of non-competition goals in EC competition law along the …”

The concept of “social market economy”: the original concept and its significance in practice S. 146-148

„… competition and the market within the meaning of a central coordination mechanism.617 Legally speaking however …” „… , particularly regarding the day-to-day application of the competition rules (notwithstanding the state action …” „… competition policy. Protocol No 6 shares the rank of primary law. This means that, legally, the goal of …”

The rationale for domestic labour law S. 70-74

„… fundamental rights in the context of competition law depends on a debate that is yet very embryonic at the EC …” „… choices. It will form the basis for derogations from the competition rules for the sake of social policy …” „… - was developed along the lines of the neo-classical price theory and results from the existential …”

Competitive process S. 39

Bibliography S. 217-232

„… . Alexy, Robert, A Theory of Constitutional Rights, Oxford, Oxford University Press, 2002.Amato, Guliano …” „… Courts, 23 European Competition Law Review (2002), 72-80. Bailey, David, Scope of Judicial Review under …” „… Article 81 EC, 41 Common Market Law Review (2004), 1327-1368. Bain, Joe, Barriers to New Competition …”

The transnational dimension of labour S. 78-80

„… choice between regulatory competition and the creation of a level playing field by harmonising the laws …” „… inter-jurisdictional competition for businesses moving to states with the least onerous regulatory requirements. He …” „… a common market beyond national borders. With regard to the EU’s social policy standards, the theory …”

doi.org/10.5771/9783845210797

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Implementation of Competition Law in Developing and Transition Countries

Franz Kronthaler

Series: Schriften des Instituts für Wirtschaftsforschung Halle

Volume 26 2007

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Competition Law in Economic Theory S. 17-26

„… facilitating the implementation of a competition law has to assess those options against what theory and …” „… experience can tell us as complementary knowledge. 2.1 Competition Law in Economic Theory Competition has …” „… different concepts of competition and the developments in economic theory see e.g. Stigler (1957); Clark …”

The Structure of the Study S. 15-16

„… interpreted from the viewpoint of the theory of institutional design. Policy makers on the national level as …” „… competition-enhancing policies and to design competition provisions in such a way that they are effectively enforceable …” „… classification level than the main sections. Section 2 defines competition law and its objectives and briefly …”

East Asian Tigers as Role Model S. 32-35

„… 323 Discussion of Claims against Competition Law Mainstream economic theory makes the case that a …” „… theory (competition law seen as an institution) could be another criterion for the assessment of validity …” „… competition law is necessary to foster economic development. This section is concerned with the assessment of …”

References S. 110-121

„… . 395-399. McNulty, P. J. (1968): Economic Theory and the Meaning of Competition. Quarterly Journal of …” „… . (2004): Competition Policy: Theory and Practice. Cambridge University Press: Cambridge, UK. Nicholson, M …” „… 110References Ades, A.; Di Tella, R. (1999): Rents, Competition, and Corruption. American Economic …”

Objectives of the Analysis S. 13-15

„… national and international competition policy with regard to developing and transition countries have been …” „… observed. Firstly, a lot of developing and transition countries enacted competition law for the first time …” „… enactment and enforcement) of competition law in developing and transition countries. For example …”

Approaches to the Implementation of Law: Origin versus Transplant, and Shock versus Gradual S. 88-93

„… 886 Instruments and Strategies Facilitating the Implementation of a Competition Law The previous …” „… section gave interesting insights into what contributes to effective enforcement of competition law on the …” „… are able to implement their competition law using different strategies, which might lead to varying …”

Idea and Hypotheses to be Tested S. 58-65

„… comprehensive theory explaining the enactment of competition law, this examination is, in terms of methodology …” „… competition law. In absence of a theory it is assumed that the claims raised against competition law in …” „… might influence the decision of enacting a competition law as there is no deductive theory which can be …”

Investment Activity S. 39-41

„… competition law whilst countries with recently adopted competition laws tend to have fewer exemptions. However …” „… general, export promotion policies are not in line with competition law. However, such strategies are …” „… prevalent in nearly all countries with competition law. Thus, it is usual to design competition law in such …”

Discussion of Own Results in Light of the Political Agenda of National Governments and Multinational Institutions S. 103-105

„… adoption later on, even though the drafting could have resulted in a much weaker competition legislation …” „… not considering national interest groups to a substantial extent) resulted in competition legislation …” „… with substantial and unclear exemptions. With respect to stepwise implementation of competition law …”

Export Promoting Policies S. 38-39

„… , countries fear that competition law might force them to stop export-promoting strategies. The rationale …” „… payment problems, and they expose domestic firms to international competition and, hence, contribute to an …” „… really contradicts the implementation of a competition law. In general, an export promotion policy …”

Political Reasons S. 52-53

„… developed countries relax competition rules to the benefit of enterprises in crisis. However, he suggests …” „… fund, which can be used for social policies. Nonetheless, the implementation of competition law incurs …” „… competition law. The point, mentioned above, is that developing and transition countries face a large number …”

Social Necessities S. 51-52

„… 51To sum up, competition law and its instrument, competition advocacy, seems to be important right …” „… from the beginning of the transition process. However, as pointed out above, competition law, which is …” „… relation to this, it is questioned whether the introduction of EU competition law to East European …”

Infant Industry Protection S. 35-36

„… , need an instrument, such as a competition law, to ensure rivalry. The policies adopted by these East …” „… indicate that in a dynamic world, a dynamic competition policy approach may be more favourable than a …” „… above is that competition played an important role in economic development in East Asian countries and …”

Titelei/Inhaltsverzeichnis S. 2-12

„… 13 1.2 The Structure of the Study 15 2 Competition Law 17 2.1 Competition Law in Economic Theory 17 …” „… Competition Law in Developing and Transition CountriesTheoretical and Empirical Considerations Nomos1. Auflage …” „… the notion that competition increases individual and social wealth. Developing countries that have …”

Economies of Scale and National Champions S. 36-38

„… enterprises are increasingly exposed to foreign competition (ibid., p. 33). Bruton holds that protection …” „… competition that favor learning in a few infant industries, is probably a good step toward development …” „… conducive to innovation via the pro-competitive effect. Thus, domestic competition is in particular relevant …”

Method S. 65-67

„… a competition law as there is no deductive theory which can be tested. However, to the best of our …” „… Section 3, further factors may influence the decision of a country to enact competition law, like research …” „… the existing literature, which are related to competition law implementation, like the need to protect …”

Research and Development S. 41-42

„… the level of research and development. Concerns exist that unfettered competition reduces the research …” „… efficiency than on static efficiency. His thoughts expand into growth theory (Aghion and Howitt 1992) as well …” „… is a powerful incentive for innovation. Therefore, it is suggested that competition law should not be …”

doi.org/10.5771/9783845205007

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Regulatory Competition in Contract Law and Dispute Resolution

Horst Eidenmüller (ed.)

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2013

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Stefan Vogenauer Regulatory Competition Through Choice of Contract Law and Choice of Forum in Europe: Theory and Evidence S. 240-297

„… 12:35:383B2 9.1.580; Page size: 160.00mm 240.00mmChapter 9Regulatory Competition Through Choice of Contract …” „… Law andChoice of Forum in Europe: Theory and EvidenceStefan Vogenauer*I. Introduction …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228II. Theory and Predictions …”

Titelei/Inhaltsverzeichnis S. 1-13

„… Eidenmüller (Editor)C.H. Beck . Hart . NomosRegulatory Competition in Contract Law and Dispute …” „… 9.1.580; Page size: 160.00mm 240.00mmHorst Eidenmu¨ller (ed.)Regulatory Competition in Contract Law and …” „… and the place where the case will be heard.General regulatory competition as well as regulatory …”

Giesela Rühl The Choice of Law Framework for Efficient Regulatory Competition in Contract Law S. 300-316

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297I. IntroductionAccording to the theory of regulatory competition, law comes into existence byway of …” „… induce efficientregulatory competition.II. The Effects of Regulatory CompetitionThe original theory of …” „… specifically, the theory assumes thatregulatory competition will support the evolution of legal rules that …”

Thomas Ackermann Private Production of Transnational Regulation through Standard Form Contracts S. 155-159

„… : Gieseking), p. 385.Maskin/Tirole (1988), A Theory of Dynamic Oligopoly, I: Overview and QuantityCompetition …” „… throughStandard Form ContractsThomas AckermannI. The Existence of Regulatory Competition in International …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142II. Regulatory Competition Between State Law and Non-State Law . . . . . . 144In his paper, Hugh …”

Ralf Michaels Make or Buy – A Public Market for Legal Transplants? S. 40-55

„… , competition may exist, in theory at least, evenwhere no prices have to be paid. Even if foreign laws are given …” „… interest intailoring their laws to attract consumers.Or so at least the theory. I will say from the …” „… beginning that I share the doubtsvoiced against this theory by many, but perhaps most thoroughly in Germany …”

Florian Möslein Regulatory Competition between Public and Private Rules S. 160-167

„… 12:33:123B2 9.1.580; Page size: 160.00mm 240.00mmRegulatory Competition between Public and Private …” „… RulesFlorian Mo¨sleinI. Regulatory Competition: But Who Are the Competitors? . . . . . . . . . . . . . . 148II …” „… theexisting literature on regulatory competition focuses almost exclusively on public,i. e. state-made, legal …”

Gerhard Wagner Dispute Resolution as a Product: Competition between Civil Justice Systems S. 360-435

„… Competition in Dispute ResolutionFrey’s theory fits well with the topic under consideration here, civil …” „… 12:38:043B2 9.1.580; Page size: 160.00mm 240.00mmChapter 12Dispute Resolution as a Product: Competition …” „… between CivilJustice SystemsGerhard WagnerI. Competition between Civil Justice Systems …”

Hugh Collins Regulatory Competition in International Trade: Transnational Regulation through Standard Form Contracts S. 134-154

„… 12:32:533B2 9.1.580; Page size: 160.00mm 240.00mmChapter 6Regulatory Competition in International Trade …” „… . . . . . . . . . . . . . . . . . . 122II. Regulatory Competition …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137Regulatory competition is the flip side of the Westphalian system of sovereignnation states. This …”

Andreas Engert Networks and Lemons in the Market for Contract Law S. 317-325

„… . . . . . . . . . . . . . . . . . . . . . . . 305III. Adverse Selection in the Market for Contract Law: Is JurisdictionalCompetition just Another …” „… competition from other jurisdictions. Insupport of this view, the parties can have good reasons to focus on …” „… features otherthan the intrinsic quality of contract laws. The economic theory of network effectsexplains …”

Dan Wielsch Global Law’s Toolbox: How Standards Form Contracts S. 84-124

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004. Compliance with ordre public: Competition Law . . . . . . . . . . . . . . . . . . . . . . . . 102 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103I. IntroductionCompetition for law products is usually defined as regulatory competition …” „… imperatives of global function systems. From this perspective, regulatory competition does not reinforce the …”

Horst Eidenmüller Regulatory Competition in Contract Law and Dispute Resolution S. 14-23

„… paper“Regulatory Competition Through Choice of Contract Law and Choice of Forumin Europe: Theory and Evidence …” „… 12:30:053B2 9.1.580; Page size: 160.00mm 240.00mmChapter 1Regulatory Competition in Contract Law and …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2III. Forms of Regulatory Competition in Contract Law and DisputeResolution …”

Adam Feibelman Living Wills: A Prelude to Private Ordering Under Bankruptcy Law? S. 212-232

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2144. Competition and the Transnational Challenge …” „… , andensuring that no firms continue to be “too big to fail”.53 In theory, living wills have49 In a similar vein …” „… potentialimplications of such information for jurisdictional competition and for the emerging framework for …”

Dagmar Coester-Waltjen Comment on Wagner S. 436-439

„… for my comment is restricted I wantto concentrate my comment on competition between state courts not …” „… salt.First, for the theory on unilateral choice of forum some additional considerations– especially …” „… , there are some other factors which might influence the supply side inunilateral competition for judicial …”

Index S. 514-525

„… systems 76– between legal systems and standardized contracts 131Competition– in arbitral market 390 …” „… resolution 404– between jurisdictions, see jurisdictional competition– in the lititgation market 348– in the …” „… resolution 351–353– unilateral 8, see also law as a product,regulatory competition, and …”

Robert D. Cooter, Aaron S. Edlin Clearings and Thickets: Intellectual Property Law and Growth Economics S. 24-37

„… innovator’spayoff to 4. In period 3, the patent expires and competition intensifies. Others cannow produce the same …” „… Profits0Development-81LaunchMonopoly+72ImitationImperfectCompetition+43EquilibriumPerfectCompetition0 …” „… Profits0Development-81LaunchMonopoly+72EquilibriumImperfectCompetition03EquilibriumPerfectCompetition0 …”

Lars Hornuf Comment on Eisenberg/Miller S. 510-511

„… regulatory competition incontract law operates, that is, why parties adopt specific legal rules.The study was …” „… In theory, it is thereforenot clear whether the American Rule or the English Rule increases …” „… competition in contract law.First, by discriminating between specific contract types it becomes obvious …”

Christoph Thole Can Living Will Regulations Revive Contractual Approaches to Bankruptcy? S. 233-239

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2232. Jurisdictional Competition …” „… current shape of ourresolution schemes.2. Jurisdictional CompetitionIn any case, Adam Feibelman is right …” „… competition. Rasmussen, forexample extended his analysis to bankruptcy selection clauses in …”

Horst Eidenmüller, Lars Hornuf, Markus Reps Contracting Employee Involvement: An Analysis of Bargaining over Employee Involvement Rules for a Societas Europaea S. 168-199

„… Advanced Studies conference on “Regulatory Competition in ContractLaw and Dispute Resolution”, and the …” „… process.This study seeks to contribute to the literature on regulatory competition withrespect to corporate …” „… horizontal regulatorycompetition in corporate law, i. e., on the competition for charters between theEuropean …”

Bruce H. Kobayashi, Larry E. Ribstein Private Lawdrafting, Intellectual Property, and Public Laws S. 56-78

„… on RegulatoryCompetition in Contract Law and Dispute Resolution, Munich, Germany, the …” „… legalinnovation. Our model derives from the model of spatial competition presented byHadfield and Talley (HT …” „… competition by differentstatutes serving the same market. For example, the author might be allowed tocapture …”

Theodore Eisenberg, Geoffrey P. Miller The English vs. the American Rule on Attorney Fees: An Empirical Study of Public Company Contracts S. 484-509

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493I. IntroductionJurisdictional competition for legal business is intense. States in the United …” „… outset.”3Growing competition for legal business adds renewed importance to assessing theuse and …” „… International Conference on Regulatory Competition in Contract Law and DisputeResolution, Center for Advanced …”

Hugh Beale Characteristics of Contract Laws and the European Optional Instrument S. 326-349

„… am not a subscriber to the theory that there is an unbridgeable1 Lando/Beale (eds.) (2000).2 von …” „… ofprotection is higher, it would result in a reduction of protection. In theory, ofcourse, the consumer may …” „… Competition (Oxford: Oxford University Press), p. 105.Dicey/Morris/Collins (2006), The Conflict of Laws …”

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Kartellrecht und Ökonomie

Ulrich Schwalbe, Daniel Zimmer

2021

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Literaturverzeichnis S. 787-850

„… ): „Long-Term Competition – A Game Theoretic Approach“, in: Megiddo, N., (Ed.): Essays in Game Theory. In Honor …” „… Mergers – Theory, Competition Policy, and Case Studies, London; van den Bergh, R.J. (1996): „Modern …” „… . (2005): „Collusion Theory: Where to Go Next?“, Journal of Industry Competition, and Trade Bd. 5, 199–206 …”

Ökonomische Grundlagen S. 3-64

„… Beziehung zwischen diesen Gr ßen gibt.53 „First, economic theory has developed some important insights …” „… ). those incentives are related to industrial structure. However, such theory does not give a clear …” „… ihrem Buch „The Theory of Games and Economic Behaviour“ im Jahre 1944 vorgelegt wurde.69 Diese Theorie …”

Effekte von Marktstrukturverönderungen S. 283-786

„… therefore not significantly alter the conditions of competition in the relevant market.“15 Auch in …” „… Competition and Innovation“. 109 Vgl. auch den Vortrag von Georg G tz auf den 2. K lner Kartellrechtstagen …”

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Die Behandlung von tacit collusion im europäischen und deutschen Kartellrecht

Fritz Schuchmann

Series: Wirtschaftsrecht und Wirtschaftspolitik

Volume 288 2017

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Literaturverzeichnis S. 209-230

„… .) Chamberlin, Edward Hastings, The Theory of Monopolistic Competition – A Reorientation of the Theory of Value …” „… – Theory and Practice, Cambridge University Press, Cambridge 2004 (zitiert: Motta, Competition Policy, S …” „… Economic Theory (1986), S. 191 ff. (zitiert: Abreu, 39 Journal of Economic Theory (1986), S.) Abreu, Dilip …”

B. Tacit collusion als wettbewerbsschädigendes Phänomen S. 17-64

„… 2014, S. 297, Kaplow, Competition Policy and Price Fixing, S. 178 ff. und Friedman, Game Theory with …” „… Monopolistic Competition, S. 31. 80 Chamberlin, The Theory of Monopolistic Competition, S. 48. B. Tacit …” „… Chamberlin, The Theory of Monopolistic Competition, S. 53 ff., Rothschild, 57 The Economic Journal (1947), S …”

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