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Author: Firat Cengiz Publisher: Routledge ISBN: 1136448853 Category : Law Languages : en Pages : 333
Book Description
The EU and the US are the preeminent examples of multi-level polities and both have highly developed competition policies. Despite these similarities however, recent developments suggest that they are moving in different directions in the area of antitrust federalism. This book examines multi-level governance in competition policy from a comparative perspective. The book analyses how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. Inspired by the increasingly divergent policy developments taking place on both sides of the Atlantic, the author asks whether the EU and the US can draw policy lessons from each other’s experiences in antitrust federalism. Antitrust Federalism in the EU and the US reveals the similarities and differences between the European and American models of antitrust federalism whilst employing policy network models in its comparative analysis of issues such as opacity and accountability in networks. The book is essentially multidisciplinary in its effort to initiate dialogue between the Law and Political Science literatures in this field. This book will be of particular interest to academics, students and practitioners of Competition Law, Constitutional Law and Political Science.
Author: Firat Cengiz Publisher: Routledge ISBN: 1136448853 Category : Law Languages : en Pages : 333
Book Description
The EU and the US are the preeminent examples of multi-level polities and both have highly developed competition policies. Despite these similarities however, recent developments suggest that they are moving in different directions in the area of antitrust federalism. This book examines multi-level governance in competition policy from a comparative perspective. The book analyses how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. Inspired by the increasingly divergent policy developments taking place on both sides of the Atlantic, the author asks whether the EU and the US can draw policy lessons from each other’s experiences in antitrust federalism. Antitrust Federalism in the EU and the US reveals the similarities and differences between the European and American models of antitrust federalism whilst employing policy network models in its comparative analysis of issues such as opacity and accountability in networks. The book is essentially multidisciplinary in its effort to initiate dialogue between the Law and Political Science literatures in this field. This book will be of particular interest to academics, students and practitioners of Competition Law, Constitutional Law and Political Science.
Author: Herbert Hovenkamp Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This brief essay reviews Firat Cengiz's book “Federalism in the EU and the US” (2012), which compares the role of federalism in the competition law of the European Union and the United States. Both of these systems are “federal,” of course, because both have individual nation-states (Europe) or states (US) with their own individual competition provisions, but also an overarching competition law that applies to the entire group. This requires a certain amount of cooperation with respect to both territorial reach and substantive coverage. Cengiz distinguishes among “markets,” “hierarchies,” and “networks” as forms of federalism. Markets are the least centralized and have more episodic, or ad hoc, control. As a result they are more prone to policy “races” among sovereigns in the system. Cengiz concludes that the EU and US systems are similar in that both begin with a set of system-wide policies that are broad and strong, with internal unification as a primary objective. Where they tend to differ is in areas governing conflicts between the laws at the different levels. Here, the US system is more structured and hierarchical, while the EU system tends to rely more on cooperation.
Author: Publisher: American Bar Association ISBN: 9780897074131 Category : Law Languages : en Pages : 120
Book Description
This work examines the role that state antitrust law plays in our national competitve policy and surveys the similarities and differences between state and federal antitrust laws.
Author: Florian Wagner-von Papp Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The aim of this paper is threefold. First, it seeks to contribute to a more fine-grained comparison between US antitrust and EU competition law by (selectively) including state antitrust laws as well as laws that pursue objectives different from the antitrust laws but interfere with the aims of the antitrust laws, such as sale-below-cost statutes, car dealer and franchise statutes, or general contract law invalidating resale price maintenance agreements ("non-antitrust laws"). Secondly, the paper highlights the degree to which such state antitrust laws and non-antitrust laws may interfere with the error-cost framework employed in antitrust law which finely balances Type I and Type II errors. Thirdly, as a consequence of the first two points, the paper seeks to raise awareness of the importance of clearly defining the relationship between antitrust law on the federal (or EU) level and antitrust laws as well as non-antitrust laws on the (Member) state level. Neither the US approach nor the current EU approach to this relationship are considered satisfactory.
Author: Clifford Alan Jones Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The various antitrust proceedings against Microsoft Corporation in the U.S.A so usefully summarized by Warren Grimes in this volume 1 reflect the plurality and rich diversity of the 'litigation model' of antitrust enforcement as practiced in the United States distinct from the administrative model heretofore found in the European Communities. Although the EU is poised to adopt a successor to the venerable Regulation 17 of 1962 which would substantially revise the limits on Member State competition law enforcement compared to the Commission-centred system of the last forty years, it is still helpful to consider the present scheme as a basis for comparison, taking account of relevant proposed amendments. Moreover, antitrust laws now exist in eighty to ninety countries and the Doha ('Millennium') Round of World Trade Organisation negotiations is expected to take up some form of international antitrust rules in 2003.5 The U.S.A., the EU, and twelve other countries launched the 'International Competition Network' in October, 2001, and the OECD launched the Global Competition Forum in the same year. Both groups seek to promote cooperation and convergence in international antitrust enforcement among national and regional (e.g., EU) competition authorities. All of these developments make consideration of the value of the 'federalism in antitrust' experience of the U.S.A. and others extremely timely and important.
Author: Inge Graef Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The paper illustrates how the EU and U.S. antitrust systems are coming closer to each other in their extent of federalism or decentralization. It explores how plural antitrust enforcement models can be made future-proof, also considering the involvement of courts and legislators as evaluators in antitrust matters. The paper's insights focus on considerations that are relevant in balancing experimentation and consistency. The starting point is that some extent of federalism or decentralization is welcome to allow for learning by doing when antitrust authorities reach different outcomes. The paper argues that stronger coordination among the different actors in the EU and U.S. antitrust systems is needed to make the learning more structural and to ensure effective enforcement. Insights from experimentalist governance are used to propose ex ante and ex post coordination mechanisms to achieve this.
Author: Firat Cengiz
Author: Firat Cengiz
Author: Herbert Hovenkamp
Author: Dorota Galeza
Author: 
Author: Florian Wagner-von Papp
Author: John J. Flynn
Author: Clifford Alan Jones
Author: Inge Graef
Author: Martine A. De Proost-Ford
Author: United States. Department of Justice