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Author: Bruno Zanettin Publisher: Bloomsbury Publishing ISBN: 1847311377 Category : Law Languages : en Pages : 332
Book Description
The issue of international antitrust enforcement is high on the agenda for both developed and developing countries. Bilateral cooperation between antitrust agencies, in particular the European Commission and US agencies, is the focus of this new work. It first shows how bilateral cooperation was developed as a response to the limits of the unilateral and extraterritorial application of national competition laws, and how it has evolved from an instrument initially designed to avoid conflicts into a tool aimed at coordinating joint investigations of international competition cases. It then considers how bilateral cooperation could be used optimally, by analysing two forms of advanced cooperation: the exchange of confidential information, and positive comity, which is the only satisfactory answer competition law can provide to market access cases. It shows that the use of such instruments is limited by significant legal and political obstacles, even in the context of the exemplary EC US relationship. The book therefore argues that the efficient use of bilateral cooperation will be limited to a small number of well-established competition agencies. If international anticompetitive practices are to be efficiently addressed by an increasingly large and heterogeneous group of competition agencies, horizontal cooperation between antitrust agencies must be complemented by a multilateral and supranational solution going beyond proposals currently put forward. The book concludes that only the WTO and its dispute settlement system could provide the basis for such a system.
Author: Bruno Zanettin Publisher: Bloomsbury Publishing ISBN: 1847311377 Category : Law Languages : en Pages : 332
Book Description
The issue of international antitrust enforcement is high on the agenda for both developed and developing countries. Bilateral cooperation between antitrust agencies, in particular the European Commission and US agencies, is the focus of this new work. It first shows how bilateral cooperation was developed as a response to the limits of the unilateral and extraterritorial application of national competition laws, and how it has evolved from an instrument initially designed to avoid conflicts into a tool aimed at coordinating joint investigations of international competition cases. It then considers how bilateral cooperation could be used optimally, by analysing two forms of advanced cooperation: the exchange of confidential information, and positive comity, which is the only satisfactory answer competition law can provide to market access cases. It shows that the use of such instruments is limited by significant legal and political obstacles, even in the context of the exemplary EC US relationship. The book therefore argues that the efficient use of bilateral cooperation will be limited to a small number of well-established competition agencies. If international anticompetitive practices are to be efficiently addressed by an increasingly large and heterogeneous group of competition agencies, horizontal cooperation between antitrust agencies must be complemented by a multilateral and supranational solution going beyond proposals currently put forward. The book concludes that only the WTO and its dispute settlement system could provide the basis for such a system.
Author: Mark R. Joelson Publisher: Kluwer Law International B.V. ISBN: 9041191089 Category : Law Languages : en Pages : 576
Book Description
Despite the continuing inter-government cooperation over the regulation of international commerce, significant cross-country differences persist in areas such as merger control, notification to authorities, and remedies deemed appropriate for antitrust enforcement. Accordingly, companies must be aware of the rules that apply in the countries in which they do business. This fourth edition of the Kintner-Joelson classic International Antitrust Primerprovides a thorough update of the status of competition regulation in a number of key jurisdictions, including up-to-date case law involving the technology giants Google, Microsoft, Amazon, Apple, and Facebook. Coverage focuses on the European Union and the United States — which continue to be foremost in the enforcement and refinement of comprehensive competition laws — but also takes into account the vast strides that are being made elsewhere, with chapters on South Korea, Japan, and India, as well as a chapter on the United Kingdom with a section on the post-Brexit implications. The book provides essential guidance on such issues of concern to business persons and their counsel as the following: • intellectual property rights; • extent and kind of criminal sanctions; • extraterritorial reach; • mergers and acquisitions; • level and type of enforcement activity; • effects of national foreign or domestic policy; • permissible cooperation among competitors; and • public procurement. Business persons, government officials, students, lawyers, and others who have been relying on this preeminent resource for years will greatly appreciate this thoroughly updated edition. There is nothing else that so lucidly and helpfully explains competition law for those who require a working knowledge of the subject to proceed confidently in their day-to-day work.
Author: Publisher: American Bar Association ISBN: 9781590313725 Category : Law Languages : en Pages : 812
Book Description
This book focuses on the increasingly important topic of cooperation among the world's antitrust authorities and helps U.S. and foreign antitrust counsel navigate through the maze of international cooperation agreements regularly used.
Author: Julián Peña Publisher: Kluwer Law International B.V. ISBN: 9403537000 Category : Law Languages : en Pages : 491
Book Description
In the past few years, Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is an updated edition of the first book that offered an in-depth analysis of this complex scenario. The first part of the book includes more general chapters written by leading experts on a variety of relevant topics analyzed at a regional level such as the issues emerging with the digital economy and on the special field of the information and communications technology industry, as well as chapters on broad regional trends, on the working of competition law in countries with regulated markets and in the cluster of Central American countries, among others. At the heart of the presentation are nine chapters detailing the competition regimes of the most active national jurisdictions in the region—Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Paraguay, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Topics addressed in the country analysis encompass the following and more: relevant institutions and legislation; cartel investigations; unilateral conduct policies; merger review; international coordination; enforcement; and remedies. Each chapter includes an analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The contributors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in-depth approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where it is going to, in Latin America.
Author: Eleanor M. Fox Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 676
Book Description
This title covers international and comparative issues of antitrust law, economics, and policy. It can be used to enrich U.S. antitrust casebooks or by itself for courses on global antitrust. It addresses all major issues of competition law and global competition policy, including extraterritoriality; global norms; cooperation, convergence, and divergence; the state's role in restraining or facilitating competition; process and procedures; and substantive areas including cartels, horizontal and vertical agreements, abuse of dominance, and mergers. It compares developed and developing jurisdictions. It references numerous jurisdictions, including the European Union, China, Japan, India, Russia, South Africa, Tanzania, Zimbabwe, and Latin American countries.
Author: Barry Rodger Publisher: Kluwer Law International B.V. ISBN: 9041146717 Category : Law Languages : en Pages : 408
Book Description
It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.
Author: Bruno Zanettin
Author: Bruno Zanettin
Author: Bruno Zanettin
Author: 
Author: Mark R. Joelson
Author: 
Author: United States. International Competition Policy Advisory Committee
Author: Roger Zäch (Rechtswissenschafter, Schweiz)
Author: Julián Peña
Author: Eleanor M. Fox
Author: Barry Rodger