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xv | |
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1 Global Food Value Chains: A Conceptual Guide |
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1 | (28) |
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2 Rents, Power and Governance in Global Value Chains |
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29 | (26) |
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29 | (2) |
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II Power, Rent Generation and Rent Appropriation in GVCs |
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31 | (3) |
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III Changing Context in the Global Governance of GVCs |
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34 | (1) |
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IV The Role of Four Key Stakeholders in the Governance of GVCs |
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35 | (8) |
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A The Firm and the Exercise of Governance over GVCs |
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36 | (2) |
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B Civil Society and the Exercise of Governance over GVCs |
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38 | (1) |
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C The Nation State and the Exercise of Governance over GVCs |
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39 | (2) |
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D Supra-National Institutions and the Exercise of Governance over GVCs |
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41 | (2) |
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V In Reality, Who Governs GVCs? Three Case Studies |
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43 | (8) |
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A The Governance of Product Safety Product Standards in Food GVCs |
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44 | (1) |
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B Taxation and the Governance of Rent Appropriation in GVCs |
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45 | (3) |
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C Competition law and the Governance of Market Power Rents in GVCs |
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48 | (3) |
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VI Conclusions: Who Governs GVCs -- A Tentative General Argument |
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51 | (4) |
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3 The Financialization of Land and Agriculture: Mechanisms, Implications and Responses |
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55 | (18) |
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55 | (3) |
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II Financialization of the Food Chain: A Move beyond Speculation |
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58 | (2) |
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III The Financialization of Land and Agriculture: Actors, Trends and Drivers |
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60 | (6) |
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IV Local and Chain-Based Responses against a Transnational Phenomenon |
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66 | (4) |
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V Conclusion: Take Finance Seriously and De-Commodify Its Rhetoric |
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70 | (3) |
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4 Agriculture, End to End |
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73 | (29) |
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I Introduction: No Farm Is an Island |
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73 | (1) |
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74 | (3) |
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III End-to-End Intelligence in Agricultural Supply Chains |
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77 | (5) |
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77 | (1) |
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B The `End-to-End' Principle |
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78 | (4) |
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IV The Treadmill of the Gods |
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82 | (12) |
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A Menschendammerung: Humanity's Twilight |
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82 | (3) |
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B The Seeds of Discontent |
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85 | (4) |
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89 | (3) |
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D Transcending the Transgene |
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92 | (2) |
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94 | (5) |
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VI Agriculture End-to-End and the End of Agrarian Independence |
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99 | (3) |
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5 New Forms of Financing the Agricultural Sector in Brazil: The Experience of the Soybean Chain |
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102 | (16) |
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102 | (1) |
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II Structural Change in Brazilian Agriculture |
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103 | (8) |
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A The Effects of the Brazilian crisis of the 1980s on Rural Credit |
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103 | (4) |
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B Consolidation of Brazilian Export-Oriented Soybean Agriculture |
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107 | (4) |
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III New Organisational Forms of Brazilian Soybean Chains |
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111 | (6) |
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117 | (1) |
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6 Economic Concentration and the Food Value Chain: Legal and Economic Perspectives |
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118 | (54) |
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I Introduction: The Changing Landscape of the Industry |
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118 | (1) |
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II Economic Consolidation Through Merger Activity |
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119 | (8) |
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III Economic Concentration and Impact on Prices and Innovation |
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127 | (25) |
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127 | (6) |
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133 | (4) |
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137 | (3) |
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140 | (4) |
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E Animal Genetic Improvement |
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144 | (1) |
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F Food Manufacturing/Processing |
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145 | (5) |
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150 | (2) |
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IV `Economic Concentration' and `Consumer Welfare' Narrowly Defined |
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152 | (6) |
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V Economic Concentration and Public Policy Concerns |
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158 | (9) |
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167 | (5) |
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7 The State of American Competition Law with Respect to the Food Chain |
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172 | (18) |
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172 | (1) |
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II The Dispersed Institutional Structure |
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173 | (2) |
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175 | (4) |
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175 | (2) |
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B Anticompetitive Conduct in Input Markets |
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177 | (2) |
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179 | (9) |
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179 | (2) |
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B Limiting the Utility of the Packers and Stockyards Act (`PSA') to Protect Livestock and Poultry Growers |
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181 | (3) |
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C Farm Cooperatives' Competitive Conduct |
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184 | (3) |
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D Other Conduct Issues-Information Sharing |
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187 | (1) |
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188 | (2) |
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8 The Brazilian Food Value Chain and Competition Policy: An Overview of CADE's Role - Centrality and Inadequacy |
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190 | (19) |
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I Introduction -- The Recent Round of Mergers in the Food Value Chain and the Brazilian Institutional Apparatus |
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190 | (1) |
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II CADE: Moving towards International Best Practices, but Far From Protecting Brazilian Interests |
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191 | (3) |
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III CADE and the Food Value Chain: The Centrality of the Competition Authority in Shaping Seed-Biotechnology and Fertilizer Markets |
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194 | (7) |
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A Food Production and Global Value Chains |
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194 | (1) |
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B CADE and the Shaping of Food Value Chain Markets in Brazil: Seed-Biotechnology and Fertilizers |
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195 | (1) |
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1 Seed-Biotechnology under the Scrutiny of CADE |
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195 | (3) |
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2 Fertilizers under the Scrutiny of CADE |
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198 | (2) |
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3 A Body with Centrality in the Food Value Chain, but with No Appropriate Institutional or Cognitive Qualities |
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200 | (1) |
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IV Institutional Challenges of the Food Value Chain to Brazilian Development |
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201 | (6) |
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A Internal Challenges: Land and Water Concentration and the Production of Economic Complexity |
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201 | (3) |
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B External Challenges: The Protectionist US State and the Chinese Entrepreneurial State |
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204 | (3) |
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207 | (2) |
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9 Competition Concerns in Fertilizer Import-Dependent Countries like India and China: Analysing the Agrium-PotashCorp Merger |
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209 | (14) |
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209 | (2) |
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II Recent History of the Potash Industry and Present Market Outlook |
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211 | (1) |
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III The Agrium-Potash Merger: Competition Concerns in China and India |
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212 | (8) |
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A Merger Review by MOFCOM and CCI |
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213 | (1) |
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1 Concentration and Enhancement of Control over the Global Potassium Chloride (KC1) Market |
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213 | (1) |
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2 Impact on Price Negotiations |
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214 | (1) |
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214 | (1) |
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215 | (1) |
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1 The Limitations of National Competition Laws to Tackle Export Cartels |
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215 | (3) |
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2 Rising Concentration in Potash: Indications of a Possible Throwback to the Period of Dominant Export Cartels |
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218 | (2) |
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220 | (3) |
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10 Russian Competition Policy Over Value Chains in Agricultural and Food Sectors |
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223 | (17) |
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223 | (2) |
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II Value Chain Governance Considerations in Russian Competition Policy |
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225 | (2) |
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III Russian Agricultural and Food Sectors as a Target for Protection and Competition Policy |
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227 | (3) |
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IV Enforcement of Competition Law in the Agricultural and Food Sectors: Between Markets and Value Chains |
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230 | (3) |
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V Price Remedies on Fertilisers |
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233 | (2) |
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VI Trade Law: The Protection of Food Suppliers Vis-a-Vis Grocery Shops |
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235 | (2) |
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237 | (3) |
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11 The Pioneer/Pannar Merger, the Maize Seed Value Chain and Globalisation |
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240 | (16) |
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240 | (1) |
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II Background to Maize Seed Sector |
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241 | (4) |
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III The Pioneer/Pannar Merger |
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245 | (9) |
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245 | (1) |
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B The Parties' Narratives |
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246 | (2) |
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C The Institutions of Decision Making |
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248 | (1) |
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248 | (4) |
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2 The Competition Appeal Court (`CAC') |
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252 | (2) |
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254 | (2) |
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12 Power in the Food Value Chain: Theory and Metrics |
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256 | (59) |
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256 | (6) |
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II Different Dimensions of Bargaining Power in Competition Law |
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262 | (19) |
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A Superior Bargaining Power, Relative Dominant Position and Economic Dependence: Variations on a Theme? |
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262 | (3) |
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265 | (1) |
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1 Challenges of Measuring Bargaining Power |
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265 | (5) |
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2 Purchasing Co-operation Agreements and Superior Bargaining Power |
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270 | (2) |
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3 Abuse of Economic Dependence Provisions |
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272 | (6) |
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4 Mergers and Effects-Based Analyses Integrating Superior Bargaining Power Generated Unilateral Effects |
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278 | (3) |
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III Superior Bargaining Power Outside the (Normal) Competition Law Toolkit |
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281 | (20) |
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A Resolving Issues Concerning Superior Bargaining Power through Legislation |
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281 | (6) |
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B Opening the Floodgates? Unfair Commercial Practices Resulting from the Competition Law Issue of Superior Bargaining Power |
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287 | (6) |
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C Status-Based Protections of Specific Groups from Superior Bargaining Power |
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293 | (5) |
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D Dynamic Status-Based Protection Framework in the Food Value Chain |
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298 | (3) |
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IV Need for an Overall Theoretical Framework: Concept of Vertical Power |
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301 | (11) |
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A Resource Dependence Power: From Neoclassical Market Power to Exclusionary Power |
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302 | (2) |
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B Positional Power in a Network |
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304 | (3) |
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C Value Chain Level Metric of Vertical Power |
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307 | (1) |
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1 More Precise `Vertical Power' Theory in the Context of a Value Chain |
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307 | (1) |
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2 Resource-Based Vertical Market Power: Empirical Assessment of the Greek Supermarket Sector |
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308 | (2) |
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310 | (1) |
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311 | (1) |
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312 | (3) |
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13 Efficiency and Fairness: Interdependent Discourses in Supermarket-Supplier Relations |
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315 | (18) |
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I The Efficiency Discourse in Supermarket-Supplier Relations |
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319 | (4) |
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II The Fairness Discourse in Supermarket-Supplier Relations |
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323 | (6) |
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III The Politics in Supermarket-Supplier Relations |
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329 | (2) |
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331 | (2) |
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14 China's Legal Regulation of the Abuse of Market Power by Large Retailers |
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333 | (15) |
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I Introduction: Overview of China's Large Retailers and Their Market Behavior |
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333 | (2) |
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II The Status of, and Problems in, China's Legal Regulation Concerning the Abuse of Market Power by Large Retailers |
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335 | (5) |
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A Definitions for Retailer and Supplier |
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338 | (1) |
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B Type of Behaviors Subject to Regulation |
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338 | (1) |
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C Law Enforcement Agencies |
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339 | (1) |
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339 | (1) |
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339 | (1) |
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III Cases Concerning China's Legal Regulation of the Abuse of Market Power by Large Retailers |
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340 | (4) |
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IV Recommendations for the Improvement of China's Legal Regulation of the Abuse of Market Power by Large Retailers |
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344 | (4) |
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15 Superior Bargaining Power in Russian Contract and Competition Law |
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348 | (25) |
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348 | (2) |
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II Superior Bargaining Power in Contract Law |
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350 | (9) |
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A Ruling No. 16 and Article 428 |
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351 | (4) |
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B Article 428, Sub-Paragraph 1 |
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355 | (1) |
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C Article 428, Sub-Paragraph 2 |
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356 | (1) |
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D Article 428, Sub-Paragraph 3 |
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357 | (1) |
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E Conclusions: Superior Bargaining Power in Russian Contract Law |
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358 | (1) |
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III Superior Bargaining Power under Russian Competition Law |
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359 | (4) |
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IV Federal Law on Trading Activities: New Instrument to Deal with Superior Bargaining Power |
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363 | (8) |
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A Category 1: `Forced Purchase' |
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365 | (1) |
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B Category' 2: `Forced Provision of Benefits' |
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365 | (1) |
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C Category 3: `Imposition of Disadvantages' |
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366 | (1) |
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D Federal Law on Trading Activities |
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367 | (4) |
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371 | (2) |
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16 Regulating Unfair Trading Practices in the EU Food Supply Chain: Between Market Making and Market Correcting |
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373 | (24) |
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I The Goal of Competition Law: A Functional Approach |
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373 | (1) |
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II Buying Power, Unfair Trading Practices, and Competition Law: In Search of a Market Failure |
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374 | (6) |
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III EU Competition Law and `Other' Laws at the National Level: A Difficult Relationship |
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380 | (4) |
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IV Correcting the Market: Prohibited Practices and Minimum Standards of Fairness in the EU Agri-Food Supply Chain |
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384 | (5) |
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V Correcting the Market: From Subsidies to Competition Law Exemptions |
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389 | (5) |
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VI Conclusion: Market-Making and Market-Correcting Go Together |
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394 | (3) |
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17 Food Chain Certification and the Social Pluralism of Competition Law |
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397 | (23) |
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397 | (3) |
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II Governance Structures and Blind Spots of Food Value Chains |
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400 | (5) |
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A Upholding Complexity: Contract Governance Meets Standard-Setting |
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401 | (3) |
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B The Hybrid Role of Standards: Consolidating the Social Autonomy of the Food Chain |
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404 | (1) |
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III Certification as Polycontextural Governance |
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405 | (4) |
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A Institutional Design of Certification and Accreditation |
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407 | (1) |
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B The Politics and Economics of Certification |
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407 | (2) |
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IV Competition Law Challenges of Third-Party Certification |
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409 | (9) |
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A Holistic Competition Law: Intra-/Inter-Regime Collisions |
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410 | (3) |
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B Non-welfarist Rationalities under EU Competition Law |
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413 | (1) |
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1 Assessing Sustainable Food Labelling under Article 101 TFEU: Product and Discourse Differentiation |
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413 | (4) |
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2 Unbundling the `Private' in `Private Sustainability Governance' |
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417 | (1) |
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418 | (2) |
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18 Hunger Games: Connecting the Right to Food and Competition Law |
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420 | (58) |
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420 | (11) |
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II Understanding the `Right to Food' |
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431 | (14) |
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A The Conceptual Framework of the Right to Food |
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431 | (2) |
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B The Nature of the Obligations on States to Fulfil the RTF |
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433 | (7) |
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C The Enforceability and Justiciability of the RTF |
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440 | (5) |
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III Global Food Value Chains from the Perspective of "Interessenjurisprudenz" |
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445 | (4) |
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A Understanding the Global Food Value Chain |
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445 | (1) |
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B Taking into Account Various Rights and Entitlements |
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446 | (1) |
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1 Promoting Intellectual Property Rights (`IPRs') |
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446 | (1) |
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2 Preserving Biodiversity and Conserving the Environment for Future Generations |
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447 | (1) |
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3 Achieving Economic Efficiency and Inclusive Growth |
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448 | (1) |
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IV Competition Law and the RTF |
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449 | (12) |
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A The Conceptual Dimension of a Competition Law Response to RTF |
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449 | (1) |
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1 The Basic Premise of Competition Law: The Effects of Market Power on Prices and Output |
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449 | (4) |
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2 Gaps in the Conceptual Toolkit of Competition Law as an Instrument Implementing the RTF: A Practical Example |
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453 | (2) |
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B Re-orienting the Focus of Competition Law While Staying within the Mainstream Framework |
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455 | (1) |
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1 Greater Focus on the Exercise of Buyer Power |
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456 | (1) |
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2 Extra-Territorial Reach of Competition Law |
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457 | (2) |
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C Going Beyond Filling the Gaps: The Recommendations of the UN Special Rapporteur on the RTF for Competition Law |
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459 | (2) |
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V Resolving Substantive Conflicts between Competition and RTF Regimes |
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461 | (15) |
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A The `Spheres' of RTF and Competition Law: Separate or Integrated? |
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461 | (7) |
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B The International Trade-Right to Health Debate: An Illustration of What Is Possible and Implications for the Interaction between the Right to Food and Competition Law |
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468 | (1) |
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1 The Nexus Between the WTO TRIPS Regime and International Human Rights |
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468 | (1) |
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2 Zooming in on the TRIPS Agreement: From the Right to Public Health to the Right to Health |
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469 | (3) |
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3 The Role of Competition Law in Progressively Realising the Right to Health |
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472 | (3) |
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4 Lessons for the Implementation of the Right to Food |
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475 | (1) |
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476 | (2) |
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19 Agribiotech Patents in the Food Supply Chain: A US Perspective |
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478 | (26) |
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478 | (2) |
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II The Evolution of Transgenic Seed Protection |
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480 | (4) |
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484 | (14) |
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486 | (3) |
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489 | (2) |
|
C International Exhaustion |
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491 | (2) |
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493 | (3) |
|
E Patent Misuse and Antitrust |
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496 | (2) |
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498 | (4) |
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502 | (2) |
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20 Mergers and Product Innovation: Seeds and GM Crops |
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504 | (32) |
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504 | (2) |
|
II Review of the Economic Literature |
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506 | (20) |
|
A Competition Policy and Innovation |
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506 | (2) |
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B Innovation and Market Structure |
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508 | (6) |
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514 | (1) |
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1 Moving from Market Structure to Merger |
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514 | (2) |
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2 Formal Modelling of Merger and Innovation: First Steps |
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516 | (4) |
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3 The Impact of the Conditions of Merger |
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520 | (1) |
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4 Ambiguous Results of Empirical Works concerning the Relationship between Mergers and Innovation |
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521 | (2) |
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5 Determining Points of Concern for Competition Policy: Markets |
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523 | (1) |
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D Key Principles Underlying Approaching the Relationship between Mergers and Innovation |
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524 | (2) |
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III Main Economic Effects and a Proposed Typology |
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526 | (10) |
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527 | (2) |
|
B Dynamic Effects: Product Markets |
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529 | (1) |
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1 Mergers without Price Effects |
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|
530 | (1) |
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a Scenario 1: Independent R&D Programmes and No Sharing of Results |
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530 | (1) |
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b Scenario 2: Independent R&D Programmes and the Sharing of Results |
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531 | (1) |
|
c Scenario 3: Integrated R&D Programmes |
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532 | (1) |
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533 | (1) |
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534 | (1) |
|
1 Economies of Scale and Complementarities in Innovation Markets |
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|
534 | (1) |
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2 Legal Uncertainty and Patent Thickets |
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535 | (1) |
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D Horizontal Effects on Innovation Markets |
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535 | (1) |
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536 | (1) |
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1 Foreclosure in Innovation Markets |
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536 | (1) |
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536 | (54) |
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F Linking Effects to Market Structure |
|
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537 | (5) |
|
IV Competition Policy Algorithm |
|
|
542 | (1) |
|
V The Genetically Modified Crops and Seed Industries: Main Features and Past Mergers |
|
|
543 | (7) |
|
A Product and Industry Characteristics |
|
|
543 | (1) |
|
B Mergers and the Direction of Innovation |
|
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544 | (1) |
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545 | (1) |
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546 | (2) |
|
E BRICS: Special Concerns |
|
|
548 | (2) |
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550 | (28) |
|
A Using Patent Data to Assess Innovation: Methodology and Limitations |
|
|
550 | (1) |
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551 | (1) |
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|
552 | (1) |
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553 | (1) |
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|
553 | (10) |
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b Some Preliminary Observations |
|
|
563 | (13) |
|
C Preliminary Evaluation of Certain Major Mergers |
|
|
576 | (2) |
|
|
|
578 | (12) |
|
Appendix 20A Formal Analysis of the Innovation Effects of a Merger |
|
|
580 | (6) |
|
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|
586 | (4) |
|
21 The Global Grain Trade: From a Ferrymen Oligopoly to the Sustainable Bridge Solution |
|
|
590 | (37) |
|
|
|
590 | (4) |
|
II The Market Power of Global Ferrymen |
|
|
594 | (3) |
|
III Financialisation as a Driver for the Accumulation of Market Power |
|
|
597 | (5) |
|
IV Issue of Concentration |
|
|
602 | (10) |
|
V Bridging the Gap: Bringing Sustainability to the Global Grain Trade |
|
|
612 | (13) |
|
|
|
625 | (2) |
| Index |
|
627 | |