JOINT ACTION, RELIANCE AND THE LAW

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Abstract:

This paper presents a model of joint action and shows how it helps in the analysis of certain legal issues. I first provide a model of reliance and expand it into the model of joint action. Then I demonstrate the legal applications by arguing that concerted practices within the meaning of EC competition (antitrust) law do, and agreements do not, instantiate the model; the conclusion on agreements is shown to have consequences for both competition law and contract law. Finally I argue that joint action does not involve obligation.

Keywords: Legal philosophy; antitrust law; concerted practices; legal theory

Document Type: Research Article

Publication date: January 1, 2003

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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