Global competition law and economics
著者
書誌事項
Global competition law and economics
Hart, 2007
- : pbk
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注記
Includes index
内容説明・目次
内容説明
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.
目次
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
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