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Comparative Competition Law
Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world.
More Information
Critical Acclaim
Contributors
Contents
More Information
Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world.
Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies.
This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies.
This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
Critical Acclaim
‘Comparative Competition Law provides a welcome scholarly examination of the key global issues that impact the way law and policy operate, as the proliferation of anti-trust regimes over the past 25 years has led to a global recognition of competition law.’
– Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, UK
‘It is impossible to be a competition law practitioner without an understanding of competition regulation in the world’s leading economies. It is equally impossible to practice in the area without a detailed understanding of economics. This collection of essays by leading internationally acclaimed academics and practitioners makes an important contribution to both areas. There are excellent chapters that explain the key areas of economic theory, as well as informative chapters on international trends. This collection will prove to be an indispensable addition to the library of any serious competition lawyer.’
– The Hon Ray Finkelstein QC, former President of the Australian Competition Tribunal, former Judge of the Federal Court of Australia
‘Ultimately, the key to this book’s success is the editors’ ability to mobilise a remarkable group of authors with affiliation to various institutions and professions from different countries. It most certainly fills the gap in the literature with its insightful analysis of the numerous competition law concerns in a wide selection of countries, including developing jurisdictions.’
– European Competition Law Review
– Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, UK
‘It is impossible to be a competition law practitioner without an understanding of competition regulation in the world’s leading economies. It is equally impossible to practice in the area without a detailed understanding of economics. This collection of essays by leading internationally acclaimed academics and practitioners makes an important contribution to both areas. There are excellent chapters that explain the key areas of economic theory, as well as informative chapters on international trends. This collection will prove to be an indispensable addition to the library of any serious competition lawyer.’
– The Hon Ray Finkelstein QC, former President of the Australian Competition Tribunal, former Judge of the Federal Court of Australia
‘Ultimately, the key to this book’s success is the editors’ ability to mobilise a remarkable group of authors with affiliation to various institutions and professions from different countries. It most certainly fills the gap in the literature with its insightful analysis of the numerous competition law concerns in a wide selection of countries, including developing jurisdictions.’
– European Competition Law Review
Contributors
Contributors: R. Burgess, E. Buttigieg, M.A. Carrier, L. Cejnar, J. Clarke, D.A. Crane, A. Ditzel Faraco, A. Duke, J. Duns, G.A. Hay, K. Klovers, A. Merrett, N.H. Nesbitt, G.C. Shaffer, T. Shiraishi, R.L. Smith, A. Speegle, B. Sweeney, J. Tapia, S. Vande Walle, S.W. Waller, W. Zheng
Contents
Contents:
PART I INTRODUCTION AND OVERVIEW
1. Themes
John Duns, Arlen Duke and Brendan Sweeney
2. The Globalization of Competition Law: Yes or No?:
Leela Cejnar and Rachel Burgess
PART II THE SUBSTANTIVE LAW
3. Defining and Proving Markets and Market Power
Rhonda L. Smith
4. Anti-Competitive Agreements: The Meaning of ‘Agreement’
George A. Hay
5. Anti-Competitive Agreements: The Range of Conduct Caught
John Duns
6. Understanding Market Power
Alexandra Merrett
7. Antitrust Treatment of Intellectual Property Rights
Michael A. Carrier
8. Current Issues in Merger Law
Julie Clarke
9. Vertical Conduct: Non-Price Restraints
John Duns
10. Vertical Conduct: Resale Price Maintenance
Eugène Buttigieg
PART III ENFORCEMENT AND SANCTIONS
11. Public Enforcement
Arlen Duke
12. Criminalizing Cartels: A Global Trend?
Gregory C. Shaffer, Nathaniel H. Nesbitt and Spencer Weber Waller
13. International Governance of Competition and the Problem of Extraterritorial Jurisdiction
Brendan Sweeney
14 Private Antitrust Enforcement: Comparative and Policy Considerations
Daniel A. Crane, Keith Klovers and Adam Speegle
PART IV COMPETITION LAW IN SELECTED JURISDICTIONS
15. Competition Law in Japan
Simon Vande Walle and Tadashi Shiraishi
16. Competition Law in China
Wentong Zheng
17. Latin American Antitrust Law and Policy – An Overview of Three Jurisdictions: Brazil, Chile and Colombia
Javier Tapia and Alexandre Ditzel Faraco
Index
PART I INTRODUCTION AND OVERVIEW
1. Themes
John Duns, Arlen Duke and Brendan Sweeney
2. The Globalization of Competition Law: Yes or No?:
Leela Cejnar and Rachel Burgess
PART II THE SUBSTANTIVE LAW
3. Defining and Proving Markets and Market Power
Rhonda L. Smith
4. Anti-Competitive Agreements: The Meaning of ‘Agreement’
George A. Hay
5. Anti-Competitive Agreements: The Range of Conduct Caught
John Duns
6. Understanding Market Power
Alexandra Merrett
7. Antitrust Treatment of Intellectual Property Rights
Michael A. Carrier
8. Current Issues in Merger Law
Julie Clarke
9. Vertical Conduct: Non-Price Restraints
John Duns
10. Vertical Conduct: Resale Price Maintenance
Eugène Buttigieg
PART III ENFORCEMENT AND SANCTIONS
11. Public Enforcement
Arlen Duke
12. Criminalizing Cartels: A Global Trend?
Gregory C. Shaffer, Nathaniel H. Nesbitt and Spencer Weber Waller
13. International Governance of Competition and the Problem of Extraterritorial Jurisdiction
Brendan Sweeney
14 Private Antitrust Enforcement: Comparative and Policy Considerations
Daniel A. Crane, Keith Klovers and Adam Speegle
PART IV COMPETITION LAW IN SELECTED JURISDICTIONS
15. Competition Law in Japan
Simon Vande Walle and Tadashi Shiraishi
16. Competition Law in China
Wentong Zheng
17. Latin American Antitrust Law and Policy – An Overview of Three Jurisdictions: Brazil, Chile and Colombia
Javier Tapia and Alexandre Ditzel Faraco
Index
