Global Competition Law and Economics
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|Format:||Paperback, 1182 pages|
|Published In: ||United Kingdom, 20 March 2007|
Modern antitrust law is global antitrust law. Markets are becoming increasingly global, or at least multinational. Mergers between large corporations must typically get approval in both the United States and in the EU, and other nations too. Cartels in one nation affect supply in others, and countries are increasingly entering into treaties with each other about the content or enforcement of competition laws. Thus, businesspeople, lawyers, and lawmakers can no longer content themselves with understanding only the antitrust and competition law of their home country. Modern antitrust law also differs from traditional antitrust law in that it now reflects the dominance of the economic model of analysing antitrust and competition policy. Against this background, this new casebook represents the first comprehensive effort to examine US and EC competition law cases and decisions within a common analytical framework strongly based on economic theory. It is an innovative casebook addressed to all students, not only from the US and Europe, but also from all jurisdictions having competition laws, providing an in-depth analysis of the two major global antitrust regimes in the world, and a summary of the parallel antitrust laws elsewhere in the world. As such it will also serve as a useful reference for practitioners, competition officials, and policy-makers interested in competition law.
About the Author
Einer Elhauge is Petrie Professor of Law at Harvard Law School. Damien Geradin is a Partner at Howrey LLP and Professor of Competition Law and Economics, TILEC, Tilburg University.
Table of Contents
1 Introduction A. The Framework of Legal Issues Raised by Basic Antitrust Economics B. The Remedial Structure 2 Which Horizontal Agreements Are Illegal? A. Relevant Laws And Basic Legal Elements B. Horizontal Price Fixing C. Horizontal Output Restrictions D. Horizontal Market Divisions E. Horizontal Agreements Not To DealWith Particular Firms F. Are SocialWelfare Justifications Admissible? G. Does Protecting a Legal Monopoly Conferred by Intellectual Property Law Justify an Anticompetitive Restraint? H. Buyer Cartels 3 What Unilateral Conduct Is Illegal? A. Relevant Laws and Basic Legal Elements B. The Power Element C. Second Element: Anticompetitive Conduct D. Causal Connection Between First and Second Elements Required? E. Attempted Monopolisation 4 Vertical Agreements that Restrict Dealing with Rivals A. Introduction B. Exclusive Dealing C. Tying D. Loyalty and Bundled Discounts 5 Agreements and Conduct that Arguably Distort Downstream Competition in Distributing a Supplier's Products A. Introduction B. Intrabrand Distributional Restraints on Resale C. Price Discrimination that Arguably Distorts Downstream Competition 6 Proving an Agreement or Concerted Action A. Are The Defendants Separate Entities? B. Standards for Finding a Vertical Agreement C. Standards for Finding a Horizontal Agreement or Concerted Action 7 Mergers A. Horizontal Mergers B. Vertical Mergers C. Conglomerate Mergers 8 Markets that Span Multiple Antitrust Regimes A. Extraterritorial Conduct Affecting Domestic Commerce B. Special Treatment of Conduct Affecting Exports C. Anticompetitive Conduct Involving Foreign Sovereigns D. The Trade-Antitrust Intersection E. International Cooperation In Antitrust Enforcement F. The Prospects For International Antitrust Law
Pour tout praticien de la concurrence, cet ouvrage est fort utile et sa consultation ne peut etre que recommandee Laurence Idot, Professeur a l'Universite Pantheon-Assas (Paris 2) Annuaire de Droit Europeen ...the book is without doubt worthy of considerable praise...contains a vast collection of well-chosen material taking in a wide span of both antitrust and merger law issues. It is well written and clear throughout, particularly on the economic concepts, and provides incisive commentary and questions which inspire further study. Peter Whelan Cambridge Law Journal Vol 67, March 08 Enlightened law professors and law schools will best serve their students not by teaching national competition law but by instead adopting Global Competition Law and Economics...an excellent book for introductory courses in comparative competition law at either a graduate or undergraduate level at institutions using some form of the Socratic method. Okeoghene Odudu Common Market Law Review Volume 44, issue 6 This book is the best four-and-a-half centimetres of shelf-space that I have seen devoted to competition law and policy issues for a very long time. An exceptionally good buy. Yvonne van Roy New Zealand Law Journal November 2007 This book is novel because it treats the U.S. antitrust regime as just one of several that have to be considered. My question is: What took so long? Free from the ideologically-driven perspective that can affect other antitrust casebooks, this is also the first casebook organized from inception with an eye directly on the global context. Each chapter places E.C. decisions alongside U.S. decisions. This allows students to learn the law of both regimes simultaneously, rather than learning one and then after the fact trying to absorb the other. As a result, this book may be used in a classroom in Europe just as it will be used in the U.S. The result is a highly welcome contribution to the evolution of competition studies. Judge Douglas Ginsburg April 2007 I had great success using the galleys of Global Competition Law and Economics to teach Comparative Antitrust Law at the University of Haifa Law School during the summer of 2006, to both American and Israeli law students. This textbook is the only one on the market that is extremely well suited for use in a comparative antitrust law class. Astonishingly, even though knowledge of European competition law has been important for a United States antitrust lawyer for more than a decade, until now there was no single volume that bridged these fields comprehensively. Finally the market has filled this considerable gap - by producing Global Competition Law and Economics. This is an extraordinarily teachable book that contains everything you might want to present in a comparative antitrust or comparative competition law class. It always contained exactly what I was looking for -both the similarities and the areas of greatest contrasts between the United States and the European systems. Moreover, it contains so much of each type of material that the instructor gets the pleasure of picking and choosing which of their favorite topics to cover. Both the law and the economics are extremely clearly and interestingly presented. It can be used equally well in a class for students who have never taken antitrust or competition law, or in an upper level class for students who already have taken a basic class in United States antitrust law or EU competition law and require more sophisticated material. It would be similarly valuable for antitrust lawyers who have an international practice. On behalf of comparative antitrust teachers everywhere please allow me to say - thank you. Finally, the comparative antitrust law book we have been waiting for has arrived Finally, the comparative antitrust field has a standard textbook to use. And a wonderful standard it is. Robert H. Lande, Venable Professor of Law at University of Baltimore Law School
|Publisher: ||Hart Publishing|
|Dimensions: ||24.0 x 17.0 x 5.0 centimeters (1.80 kg)|