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Table of Contents
Intro; Contents; Introduction; 1 The Theme of the Book; 2 The Structure of the Book; 3 The Individual Chapters; 3.1 Part 1: Foundations; 3.2 Part 2: Success and Shortcomings of Certification Systems; 3.3 Part 3: Liability for Negligent Certification; 4 A Word of Thanks; References; Part I: Foundations; Certification as Solution to the Asymmetric Information Problem?; 1 Introduction; 2 Markets for Search Goods, Experience Goods and Credence Goods; 3 The Basic Viscusi Model; 4 Opportunistic Certifying Agencies; 5 Certification of Minimum Quality; 6 Open Questions; 7 Conclusions; References
Challenges for Responsible Certification in Institutional Context: The Case of Competition Law Enforcement in Markets with Certification1 Certification as Regulation; 2 Certification as Responsible Regulation in Context; 2.1 Certification as a Statement; 2.1.1 Certification as a Declarative-Assertive Act; 2.1.2 Certification Upon Assessment; 2.1.3 Significance of Certification; 2.1.4 Certification as a Factual or Legal Act; 2.2 Certification as Regulation; 2.2.1 Certification Linking Behaviour to Outcomes; 2.2.2 Regulatory Strategies Behind Certification
2.2.3 Regulatory Relations Behind (Strategies Behind) Certification2.2.4 Certification Bodies and Regulatory Relations; 2.2.5 Certification in Three Kinds; 2.2.6 Certification as a Process; 2.2.7 Certification: An Instrument and Object of Regulation; 2.2.8 Certification as a Legal Institution; 2.3 Responsible Certification in Governance Context; 2.3.1 Modes of Governance; 2.3.2 Modes of Legal Governance; 2.3.3 Normative Alignment; 2.4 Responsible Certification; 2.4.1 Four Maxims; 2.4.2 Institutional and Collective Choice Rules; 2.4.3 On the Origin of Rules; 2.4.4 Again: In Modes of Regulation
2.5 Certification as Regulation of Public Interests, Endogenous or Exogenous to Public Hierarchy?2.5.1 Public Law Certification and Public Hierarchy Institutional Rules; 2.5.2 Public Law Use and Consequences of Private Certification Schemes; 2.5.3 Public Hierarchy Certification Regulation; 2.6 Public Hierarchy and Responsible Certification: Intermediate Conclusions; 3 Certification in the Institutional Context of Competitive Markets; 3.1 Competition Law: Meta-regulation for (Certification) Markets; 3.2 Certification Markets: Markets for Information, Assurances and Trust
4 Competition Concerns: Exclusion and Exploitation in the Context of Collaboration4.1 A Theoretical Framework for Anticompetitive Private Regulation; 4.2 Fixing 'Prices'; 4.2.1 Collusion in Parallel with Certification; 4.2.2 Collusion Inherent in Certification; 4.3 'Fixing Rivals'; 4.3.1 Who Sits on the Board?; 4.3.2 Fixing Rivals and Fixing Prices: A Recipe for Watertight Control; 4.4 'Fixing Rules'; 4.5 Suspect Cooperation; 5 Certification as Unilateral Activity: Anticompetitive Concerns; 6 Competition Issues in Certification Markets: Private Regulation Needs Public Interest Safeguards?
Challenges for Responsible Certification in Institutional Context: The Case of Competition Law Enforcement in Markets with Certification1 Certification as Regulation; 2 Certification as Responsible Regulation in Context; 2.1 Certification as a Statement; 2.1.1 Certification as a Declarative-Assertive Act; 2.1.2 Certification Upon Assessment; 2.1.3 Significance of Certification; 2.1.4 Certification as a Factual or Legal Act; 2.2 Certification as Regulation; 2.2.1 Certification Linking Behaviour to Outcomes; 2.2.2 Regulatory Strategies Behind Certification
2.2.3 Regulatory Relations Behind (Strategies Behind) Certification2.2.4 Certification Bodies and Regulatory Relations; 2.2.5 Certification in Three Kinds; 2.2.6 Certification as a Process; 2.2.7 Certification: An Instrument and Object of Regulation; 2.2.8 Certification as a Legal Institution; 2.3 Responsible Certification in Governance Context; 2.3.1 Modes of Governance; 2.3.2 Modes of Legal Governance; 2.3.3 Normative Alignment; 2.4 Responsible Certification; 2.4.1 Four Maxims; 2.4.2 Institutional and Collective Choice Rules; 2.4.3 On the Origin of Rules; 2.4.4 Again: In Modes of Regulation
2.5 Certification as Regulation of Public Interests, Endogenous or Exogenous to Public Hierarchy?2.5.1 Public Law Certification and Public Hierarchy Institutional Rules; 2.5.2 Public Law Use and Consequences of Private Certification Schemes; 2.5.3 Public Hierarchy Certification Regulation; 2.6 Public Hierarchy and Responsible Certification: Intermediate Conclusions; 3 Certification in the Institutional Context of Competitive Markets; 3.1 Competition Law: Meta-regulation for (Certification) Markets; 3.2 Certification Markets: Markets for Information, Assurances and Trust
4 Competition Concerns: Exclusion and Exploitation in the Context of Collaboration4.1 A Theoretical Framework for Anticompetitive Private Regulation; 4.2 Fixing 'Prices'; 4.2.1 Collusion in Parallel with Certification; 4.2.2 Collusion Inherent in Certification; 4.3 'Fixing Rivals'; 4.3.1 Who Sits on the Board?; 4.3.2 Fixing Rivals and Fixing Prices: A Recipe for Watertight Control; 4.4 'Fixing Rules'; 4.5 Suspect Cooperation; 5 Certification as Unilateral Activity: Anticompetitive Concerns; 6 Competition Issues in Certification Markets: Private Regulation Needs Public Interest Safeguards?