David Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.001.0001
- Subject:
- Law, Competition Law
This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important ...
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This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important relationships between those two domains and the way the resulting system shapes economic activity in all parts of the world. The laws, institutions, and principles of the international domain increasingly influence national competition law development, and national competition law experience provides both the lenses through which decision makers view transnational competition issues and the incentive structures that generate their competition law decisions. The analysis examines the ideas, institutions, and people that provide the legal framework for global competition; how they evolved, how they operate today, and the forces that are likely to influence their future development. US anti-trust experience has long been at the center of this global governance picture, but European competition law experience is also rich, varied, and potentially of great value for future competition law development. China, Japan, Korea, and newer players in Latin America and Africa will also play a key role in this future, and the analysis pays close attention to them as well. On the basis of this analysis, the book analyzes current global competition law proposals and outlines a strategy that utilizes these discussions, but more specifically addresses global economic development needs. This strategy may be developed within the institutional framework of the WTO, but it may also be pursued independently.Less
This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important relationships between those two domains and the way the resulting system shapes economic activity in all parts of the world. The laws, institutions, and principles of the international domain increasingly influence national competition law development, and national competition law experience provides both the lenses through which decision makers view transnational competition issues and the incentive structures that generate their competition law decisions. The analysis examines the ideas, institutions, and people that provide the legal framework for global competition; how they evolved, how they operate today, and the forces that are likely to influence their future development. US anti-trust experience has long been at the center of this global governance picture, but European competition law experience is also rich, varied, and potentially of great value for future competition law development. China, Japan, Korea, and newer players in Latin America and Africa will also play a key role in this future, and the analysis pays close attention to them as well. On the basis of this analysis, the book analyzes current global competition law proposals and outlines a strategy that utilizes these discussions, but more specifically addresses global economic development needs. This strategy may be developed within the institutional framework of the WTO, but it may also be pursued independently.
David J. Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.003.0007
- Subject:
- Law, Competition Law
Competition law was of limited importance in most parts of the world outside the US and Europe until the 1990s. Since then, however, it has developed rapidly virtually everywhere, as many countries ...
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Competition law was of limited importance in most parts of the world outside the US and Europe until the 1990s. Since then, however, it has developed rapidly virtually everywhere, as many countries have introduced competition laws for the first time and others have intensified enforcement and implementation efforts. This chapter focuses on countries in which competition law is either relatively new or little-developed. These countries will be central to global competition law development, because the success of any global competition law strategy will depend on their support. The chapter reviews with varying levels of intensity the competition law experiences of Japan, Korea, China, Canada, and Australia in their own right, and it identifies patterns in Latin America and Africa. In each case, it views national experience in its global context. A main theme is the evolving relationships between national and international domains of competition law.Less
Competition law was of limited importance in most parts of the world outside the US and Europe until the 1990s. Since then, however, it has developed rapidly virtually everywhere, as many countries have introduced competition laws for the first time and others have intensified enforcement and implementation efforts. This chapter focuses on countries in which competition law is either relatively new or little-developed. These countries will be central to global competition law development, because the success of any global competition law strategy will depend on their support. The chapter reviews with varying levels of intensity the competition law experiences of Japan, Korea, China, Canada, and Australia in their own right, and it identifies patterns in Latin America and Africa. In each case, it views national experience in its global context. A main theme is the evolving relationships between national and international domains of competition law.
David J. Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.003.0006
- Subject:
- Law, Competition Law
This chapter outlines European national experience as well as the evolution and dynamics of competition law in the European Union. European competition law experience is particularly important for ...
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This chapter outlines European national experience as well as the evolution and dynamics of competition law in the European Union. European competition law experience is particularly important for two reasons. One is that European national competition law systems have developed under circumstances that have often been similar to those faced in many countries that seek to develop competition law in the 21st century. The other reason is that for decades, European national competition laws have developed within the context of European integration, and this national—transnational experience highlights key issues in the development of competition law for global markets. The European model of competition law features a central role for administrative decision making and an emphasis on combating the use of private economic power to restrict competition. Over the last decade, some elements of the European model have moved toward the US view of competition law.Less
This chapter outlines European national experience as well as the evolution and dynamics of competition law in the European Union. European competition law experience is particularly important for two reasons. One is that European national competition law systems have developed under circumstances that have often been similar to those faced in many countries that seek to develop competition law in the 21st century. The other reason is that for decades, European national competition laws have developed within the context of European integration, and this national—transnational experience highlights key issues in the development of competition law for global markets. The European model of competition law features a central role for administrative decision making and an emphasis on combating the use of private economic power to restrict competition. Over the last decade, some elements of the European model have moved toward the US view of competition law.
David J. Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.003.0005
- Subject:
- Law, Competition Law
This chapter explores US anti-trust law experience and its influence on thought, expectations, and interpretations of competition law around the world. US anti-trust law has been at the center of ...
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This chapter explores US anti-trust law experience and its influence on thought, expectations, and interpretations of competition law around the world. US anti-trust law has been at the center of competition law development since the end of World War II, and it continues to play the central role in global competition law development. In particular, the centrality of neo-classical economics in US anti-trust law is a controversial and critically important issue for many. Countries everywhere have looked to US law in shaping their own competition law decisions. Moreover, it is the lens through which US officials, scholars, and practitioners have viewed competition law in other countries and on the global level, and this further enhances the need for others and for the US anti-trust community to understand that lens and its influence.Less
This chapter explores US anti-trust law experience and its influence on thought, expectations, and interpretations of competition law around the world. US anti-trust law has been at the center of competition law development since the end of World War II, and it continues to play the central role in global competition law development. In particular, the centrality of neo-classical economics in US anti-trust law is a controversial and critically important issue for many. Countries everywhere have looked to US law in shaping their own competition law decisions. Moreover, it is the lens through which US officials, scholars, and practitioners have viewed competition law in other countries and on the global level, and this further enhances the need for others and for the US anti-trust community to understand that lens and its influence.
David J. Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.003.0001
- Subject:
- Law, Competition Law
This introductory chapter identifies the fundamental tension in global economic development: competition can produce enormous economic benefits everywhere, but its benefits are distributed unevenly, ...
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This introductory chapter identifies the fundamental tension in global economic development: competition can produce enormous economic benefits everywhere, but its benefits are distributed unevenly, and it can also cause harm. An effective global competition law regime can protect this productive process and enhance its benefits, and it can also reduce its potential for harm. This requires a global strategy that takes into account the needs of all participants in global markets — not merely those in developed countries — and embeds competition in society. Constructing such a regime calls for analysis of previous competition law experience on both national and international levels, especially the relationships between national and transnational competition law. This book provides this kind of analysis and relates it to the insights of economics and other social sciences. Together, these two elements provide a basis for developing an effective framework for global competition.Less
This introductory chapter identifies the fundamental tension in global economic development: competition can produce enormous economic benefits everywhere, but its benefits are distributed unevenly, and it can also cause harm. An effective global competition law regime can protect this productive process and enhance its benefits, and it can also reduce its potential for harm. This requires a global strategy that takes into account the needs of all participants in global markets — not merely those in developed countries — and embeds competition in society. Constructing such a regime calls for analysis of previous competition law experience on both national and international levels, especially the relationships between national and transnational competition law. This book provides this kind of analysis and relates it to the insights of economics and other social sciences. Together, these two elements provide a basis for developing an effective framework for global competition.
David Gerber
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199244010
- eISBN:
- 9780191705182
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199244010.001.0001
- Subject:
- Law, Competition Law
Protecting economic competition has become a major objective of government in Western Europe, and competition law has become a central part of economic and legal experience. The competition law of ...
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Protecting economic competition has become a major objective of government in Western Europe, and competition law has become a central part of economic and legal experience. The competition law of the European Union has played a key role in the success of European integration during the last four decades, and it is likely to do so in the future. In recent years, national competition laws have also become increasingly important, often creating tensions between national-level and European-level regulation. Yet, despite its importance, images of European experience with competition law often remain vague and are sometimes dangerously distorted. This book examines European experience in protecting competition, analysing its dynamics, revealing its importance and highlighting the political and economic issues it raises.Less
Protecting economic competition has become a major objective of government in Western Europe, and competition law has become a central part of economic and legal experience. The competition law of the European Union has played a key role in the success of European integration during the last four decades, and it is likely to do so in the future. In recent years, national competition laws have also become increasingly important, often creating tensions between national-level and European-level regulation. Yet, despite its importance, images of European experience with competition law often remain vague and are sometimes dangerously distorted. This book examines European experience in protecting competition, analysing its dynamics, revealing its importance and highlighting the political and economic issues it raises.
Chris Noonan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199207527
- eISBN:
- 9780191708817
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207527.003.0003
- Subject:
- Law, Public International Law, Competition Law
This chapter examines the nature of major similarities and differences between national competition laws. Section 3.1 provides an overview of competition law in developed countries. Section 3.2 ...
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This chapter examines the nature of major similarities and differences between national competition laws. Section 3.1 provides an overview of competition law in developed countries. Section 3.2 examines the role of competition law in developing countries. Section 3.3 argues that there are fundamental differences between competition laws and that it is not realistic to expect a complete convergence of competition laws in the foreseeable future. Section 3.4 argues that the agreement on a fundamental underlying principle is missing from current proposals to reform the international competition law system.Less
This chapter examines the nature of major similarities and differences between national competition laws. Section 3.1 provides an overview of competition law in developed countries. Section 3.2 examines the role of competition law in developing countries. Section 3.3 argues that there are fundamental differences between competition laws and that it is not realistic to expect a complete convergence of competition laws in the foreseeable future. Section 3.4 argues that the agreement on a fundamental underlying principle is missing from current proposals to reform the international competition law system.
Chris Noonan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199207527
- eISBN:
- 9780191708817
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207527.003.0005
- Subject:
- Law, Public International Law, Competition Law
The international effects of anticompetitive conduct and competition law enforcement actions are the source of many international conflicts. This chapter examines these conflicts within a trade ...
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The international effects of anticompetitive conduct and competition law enforcement actions are the source of many international conflicts. This chapter examines these conflicts within a trade policy framework. Section 5.1 outlines the relationship between trade law and competition law. Section 5.2 seeks to identify suitable rules to reduce international conflict that arises from the application of competition law in cases with an international element. Section 5.3 explores some of the international issues raised by predatory and exclusionary conduct. Section 5.4 examines whether transaction and compliance costs arising from the overlapping application of competition laws and multiple pre-merger reviews might justify the harmonization of competition laws.Less
The international effects of anticompetitive conduct and competition law enforcement actions are the source of many international conflicts. This chapter examines these conflicts within a trade policy framework. Section 5.1 outlines the relationship between trade law and competition law. Section 5.2 seeks to identify suitable rules to reduce international conflict that arises from the application of competition law in cases with an international element. Section 5.3 explores some of the international issues raised by predatory and exclusionary conduct. Section 5.4 examines whether transaction and compliance costs arising from the overlapping application of competition laws and multiple pre-merger reviews might justify the harmonization of competition laws.
Imelda Maher and Oana Ştefan
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199593170
- eISBN:
- 9780191595660
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199593170.003.0009
- Subject:
- Law, Constitutional and Administrative Law
In the late 1990s the European Commission set out on the most radical transformation of the enforcement of European competition law in forty years. The highly centralized enforcement regime where ...
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In the late 1990s the European Commission set out on the most radical transformation of the enforcement of European competition law in forty years. The highly centralized enforcement regime where competition law was seen as a key tool in market integration was replaced with a decentralized, self-regulatory model with an emphasis on economic principles. The creation of a network of national competition authorities (NCAs) and the European Commission Directorate General for Competition (DGComp) was a key element in this reform. The European Competition Network (ECN) is the institutional form under which the efficient and smooth enforcement of European competition norms by all NCAs and the Commission is to be achieved, enforcement having been (re)delegated downwards to the national level as part of the modernization process. This chapter reflects on the constitutional implications of the modernization of European competition law with particular reference to the ECN, which as a form of network governance creates a number of constitutional challenges, notably relating to the questions of consistency and accountability. The chapter first addresses the constitutionalization of the EU before moving on to discuss the architecture of competition law enforcement in the EU. It then sets out how, primarily in functional terms, the ECN is seen as successful. The particular constitutional challenges posed by the operation of the network, notably consistency and accountability, are analysed. It then discusses the role the courts have played in endorsing and challenging the competition law enforcement governance structures before concluding.Less
In the late 1990s the European Commission set out on the most radical transformation of the enforcement of European competition law in forty years. The highly centralized enforcement regime where competition law was seen as a key tool in market integration was replaced with a decentralized, self-regulatory model with an emphasis on economic principles. The creation of a network of national competition authorities (NCAs) and the European Commission Directorate General for Competition (DGComp) was a key element in this reform. The European Competition Network (ECN) is the institutional form under which the efficient and smooth enforcement of European competition norms by all NCAs and the Commission is to be achieved, enforcement having been (re)delegated downwards to the national level as part of the modernization process. This chapter reflects on the constitutional implications of the modernization of European competition law with particular reference to the ECN, which as a form of network governance creates a number of constitutional challenges, notably relating to the questions of consistency and accountability. The chapter first addresses the constitutionalization of the EU before moving on to discuss the architecture of competition law enforcement in the EU. It then sets out how, primarily in functional terms, the ECN is seen as successful. The particular constitutional challenges posed by the operation of the network, notably consistency and accountability, are analysed. It then discusses the role the courts have played in endorsing and challenging the competition law enforcement governance structures before concluding.
Chris Noonan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199207527
- eISBN:
- 9780191708817
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207527.003.0013
- Subject:
- Law, Public International Law, Competition Law
This chapter discusses the various forms of international competition law enforcement cooperation pursued by the international community. Section 13.2 briefly surveys the existing international ...
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This chapter discusses the various forms of international competition law enforcement cooperation pursued by the international community. Section 13.2 briefly surveys the existing international arrangements for cooperation on competition law. Sections 13.3 to 13.6 discuss four major international competition law issues identified in previous chapters: (1) gathering information located abroad; (2) enforcement of the judgments and orders abroad; (3) investigation of harmful conduct taking place within another country; and (4) coordination of investigations and court proceedings. It is argued that given the improbability of agreement on a global competition code and the unworkability of inter-state dispute resolution on competition law, international competition law problems need to be (and can be) addressed through enforcement cooperation between competition authorities and international judicial assistance.Less
This chapter discusses the various forms of international competition law enforcement cooperation pursued by the international community. Section 13.2 briefly surveys the existing international arrangements for cooperation on competition law. Sections 13.3 to 13.6 discuss four major international competition law issues identified in previous chapters: (1) gathering information located abroad; (2) enforcement of the judgments and orders abroad; (3) investigation of harmful conduct taking place within another country; and (4) coordination of investigations and court proceedings. It is argued that given the improbability of agreement on a global competition code and the unworkability of inter-state dispute resolution on competition law, international competition law problems need to be (and can be) addressed through enforcement cooperation between competition authorities and international judicial assistance.
David J. Gerber
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199228225
- eISBN:
- 9780191711350
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228225.003.0003
- Subject:
- Law, Competition Law
When the Cold War division of the world made a global competition law regime impossible, the US as the dominant economic and political power in the non-Communist world took responsibility for dealing ...
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When the Cold War division of the world made a global competition law regime impossible, the US as the dominant economic and political power in the non-Communist world took responsibility for dealing with threats to transnational competition. Since then, US law and institutions have provided the basic rules of competition on transnational markets. This chapter analyzes the principles of international law that have been the basis for this regime and traces its evolution during the second half of the 20th century. This regime relies on national laws to provide competition rules, but few states have sufficient political and economic leverage to apply their laws outside their own territory, and this allows the US (and, to a lesser extent, the EU) to provide these conduct rules. Jurisdictional authority — and the interests, expectations and attitudes associated with it — remain the central component of the legal framework for global competition.Less
When the Cold War division of the world made a global competition law regime impossible, the US as the dominant economic and political power in the non-Communist world took responsibility for dealing with threats to transnational competition. Since then, US law and institutions have provided the basic rules of competition on transnational markets. This chapter analyzes the principles of international law that have been the basis for this regime and traces its evolution during the second half of the 20th century. This regime relies on national laws to provide competition rules, but few states have sufficient political and economic leverage to apply their laws outside their own territory, and this allows the US (and, to a lesser extent, the EU) to provide these conduct rules. Jurisdictional authority — and the interests, expectations and attitudes associated with it — remain the central component of the legal framework for global competition.
Chris Noonan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199207527
- eISBN:
- 9780191708817
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207527.003.0004
- Subject:
- Law, Public International Law, Competition Law
This chapter examines the links between competition law, competitiveness, and trade policy. Section 4.1 assesses the meaning of the claim that harmonization may be justified to promote ‘fair trade’. ...
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This chapter examines the links between competition law, competitiveness, and trade policy. Section 4.1 assesses the meaning of the claim that harmonization may be justified to promote ‘fair trade’. Section 4.2 examines the case for harmonization purely on the grounds of loss of competitiveness. Sections 4.3 to 4.5 use the economic analysis of regulatory competition to identify the type of situations where harmonization could in theory improve global and national welfare.Less
This chapter examines the links between competition law, competitiveness, and trade policy. Section 4.1 assesses the meaning of the claim that harmonization may be justified to promote ‘fair trade’. Section 4.2 examines the case for harmonization purely on the grounds of loss of competitiveness. Sections 4.3 to 4.5 use the economic analysis of regulatory competition to identify the type of situations where harmonization could in theory improve global and national welfare.
Chris Noonan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199207527
- eISBN:
- 9780191708817
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207527.003.0011
- Subject:
- Law, Public International Law, Competition Law
This chapter examines the WTO rules that require the enforcement of national competition laws or regulate the enforcement of such laws. It argues that the WTO's provisions either do not contain ...
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This chapter examines the WTO rules that require the enforcement of national competition laws or regulate the enforcement of such laws. It argues that the WTO's provisions either do not contain binding obligations, or apply only in specific situations and do not define what conduct is ‘anticompetitive’. Thus, a WTO panel may have difficulty finding that a member's conduct is inconsistent with the WTO unless it is clearly not reasoned or inconsistent with other decisions in similar cases. A number of WTO provisions prohibit anticompetitive conduct where there has been some government involvement in the creation of market power or the conduct itself. These provisions appear to reduce the ability of WTO members to authorize exceptions and create exemptions to general national competition law rules. There is also a risk that these different provisions will be interpreted as prohibiting different types of anticompetitive conduct, which creates uncertainty.Less
This chapter examines the WTO rules that require the enforcement of national competition laws or regulate the enforcement of such laws. It argues that the WTO's provisions either do not contain binding obligations, or apply only in specific situations and do not define what conduct is ‘anticompetitive’. Thus, a WTO panel may have difficulty finding that a member's conduct is inconsistent with the WTO unless it is clearly not reasoned or inconsistent with other decisions in similar cases. A number of WTO provisions prohibit anticompetitive conduct where there has been some government involvement in the creation of market power or the conduct itself. These provisions appear to reduce the ability of WTO members to authorize exceptions and create exemptions to general national competition law rules. There is also a risk that these different provisions will be interpreted as prohibiting different types of anticompetitive conduct, which creates uncertainty.
DAVID J. GERBER
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199244010
- eISBN:
- 9780191705182
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199244010.003.0006
- Subject:
- Law, Competition Law
This chapter considers national competition law experiences from the end of the war until the mid-1980s, when the progress of European integration began a new chapter in history. After a brief survey ...
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This chapter considers national competition law experiences from the end of the war until the mid-1980s, when the progress of European integration began a new chapter in history. After a brief survey of the contexts in which competition law systems emerged and developed, the chapter describes the general pattern of this experience and then looks in greater depth at the experiences of England, France, and Sweden.Less
This chapter considers national competition law experiences from the end of the war until the mid-1980s, when the progress of European integration began a new chapter in history. After a brief survey of the contexts in which competition law systems emerged and developed, the chapter describes the general pattern of this experience and then looks in greater depth at the experiences of England, France, and Sweden.
DAVID J. GERBER
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199244010
- eISBN:
- 9780191705182
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199244010.003.0009
- Subject:
- Law, Competition Law
This chapter examines European Economic Community competition law and reviews the basic shape of its development over the last four decades. It focuses on identifying the core elements and the ...
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This chapter examines European Economic Community competition law and reviews the basic shape of its development over the last four decades. It focuses on identifying the core elements and the dynamics of that experience. It considers the evolving relationship between Community and competition law and the competition laws of Member States, and assesses its importance for the future of competition law in Europe.Less
This chapter examines European Economic Community competition law and reviews the basic shape of its development over the last four decades. It focuses on identifying the core elements and the dynamics of that experience. It considers the evolving relationship between Community and competition law and the competition laws of Member States, and assesses its importance for the future of competition law in Europe.
Chris Noonan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199207527
- eISBN:
- 9780191708817
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207527.003.0008
- Subject:
- Law, Public International Law, Competition Law
This chapter examines the scope of application of the competition laws in the US, the EU, and Japan. A number of legal rules determine the effective scope of application of competition laws. The ...
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This chapter examines the scope of application of the competition laws in the US, the EU, and Japan. A number of legal rules determine the effective scope of application of competition laws. The analysis suggests a trend towards acceptance of the exercise of jurisdiction based on anticompetitive effects.Less
This chapter examines the scope of application of the competition laws in the US, the EU, and Japan. A number of legal rules determine the effective scope of application of competition laws. The analysis suggests a trend towards acceptance of the exercise of jurisdiction based on anticompetitive effects.
Burton Ong
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0008
- Subject:
- Law, Public International Law
This chapter begins with an overview of Singapore's competition law and policy. It then discusses the extraterritorial reach of Singapore's competition law regime, comity, and the exercise of ...
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This chapter begins with an overview of Singapore's competition law and policy. It then discusses the extraterritorial reach of Singapore's competition law regime, comity, and the exercise of jurisdiction by tribunals in Singapore, and international cooperation.Less
This chapter begins with an overview of Singapore's competition law and policy. It then discusses the extraterritorial reach of Singapore's competition law regime, comity, and the exercise of jurisdiction by tribunals in Singapore, and international cooperation.
Andrew T. Guzman (ed.)
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.001.0001
- Subject:
- Law, Public International Law
This book illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which ...
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This book illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which cross-border business is handled by competition policy. The first part of the book provides country reports written by local experts explaining the extraterritorial reach of national laws. Each country report summarizes existing domestic law and examines the conditions under which each country applies its substantive competition laws to conduct that takes place abroad. These chapters also address the question of comity, meaning the circumstances in which a country would decline to exercise jurisdiction on the grounds that another state is the more appropriate jurisdiction. Finally, the extent of cooperation between the local government and other states is examined. In conducting cross-border business activity, these reports provide a sense of the multiple jurisdictions that a business must consider within the scope of how laws from various states interact and overlap. The countries covered include: Australia, Brazil, Canada, China, the Europen Union, Israel, Japan, Singapore, and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes.Less
This book illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which cross-border business is handled by competition policy. The first part of the book provides country reports written by local experts explaining the extraterritorial reach of national laws. Each country report summarizes existing domestic law and examines the conditions under which each country applies its substantive competition laws to conduct that takes place abroad. These chapters also address the question of comity, meaning the circumstances in which a country would decline to exercise jurisdiction on the grounds that another state is the more appropriate jurisdiction. Finally, the extent of cooperation between the local government and other states is examined. In conducting cross-border business activity, these reports provide a sense of the multiple jurisdictions that a business must consider within the scope of how laws from various states interact and overlap. The countries covered include: Australia, Brazil, Canada, China, the Europen Union, Israel, Japan, Singapore, and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes.
Damien Geradin, Marc Reysen, and David Henry
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0002
- Subject:
- Law, Public International Law
This chapter provides an overview of the European Union competition law regime and demonstrates how its provisions are used to assert subject-matter jurisdiction over non-EU undertakings located ...
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This chapter provides an overview of the European Union competition law regime and demonstrates how its provisions are used to assert subject-matter jurisdiction over non-EU undertakings located outside the EU, which engage in alleged violations of EU competition law. It then looks at the subject of comity with the discussion essentially focusing on the comity provisions found in the EU/US cooperation agreements. This is followed by an assessment of the EU's internal and external cooperative arrangements, and a short conclusion.Less
This chapter provides an overview of the European Union competition law regime and demonstrates how its provisions are used to assert subject-matter jurisdiction over non-EU undertakings located outside the EU, which engage in alleged violations of EU competition law. It then looks at the subject of comity with the discussion essentially focusing on the comity provisions found in the EU/US cooperation agreements. This is followed by an assessment of the EU's internal and external cooperative arrangements, and a short conclusion.
Thomas Greaney
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195390131
- eISBN:
- 9780199775934
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390131.003.006
- Subject:
- Law, Medical Law
This chapter traces the path of competition law in health care and explains its chicken-and-egg relationship with provider organizational arrangements. It explores a central puzzle for future health ...
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This chapter traces the path of competition law in health care and explains its chicken-and-egg relationship with provider organizational arrangements. It explores a central puzzle for future health care policy: Why have market forces failed to counteract organizational fragmentation? Answering this question requires an understanding of how competition policy is inexorably linked to the organizational architecture of health care and how the fragmentation that bedevils those arrangements has undermined its success. The chapter concludes with a negative assessment of recent consumer-driven approaches, finding them likely to increase fragmentation and incapable of delivering the benefits of competition.Less
This chapter traces the path of competition law in health care and explains its chicken-and-egg relationship with provider organizational arrangements. It explores a central puzzle for future health care policy: Why have market forces failed to counteract organizational fragmentation? Answering this question requires an understanding of how competition policy is inexorably linked to the organizational architecture of health care and how the fragmentation that bedevils those arrangements has undermined its success. The chapter concludes with a negative assessment of recent consumer-driven approaches, finding them likely to increase fragmentation and incapable of delivering the benefits of competition.
