Cooperation, comity, and competition policy

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Cooperation, comity, and competition policy

edited by Andrew T. Guzman

Oxford University Press, c2011

  • : hardback

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Cooperation, Comity, and Competition Policy, edited by Andrew T. Guzman, 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 the reader with 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 EC, Israel, Japan, Singapore and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes. Written by top academics and practitioners, the proposals render some of the most important current thinking on the topic. The country reports and the expert policy proposals together provide a unique perspective on international competition policy and the challenges of the international competition policy regime.

目次

Table of Contents PART ONE: COUNTRY REPORTS A. Cooperation, Comity, and Competition Policy: United States Edward T. Swaine B. Extraterritoriality, Comity and Cooperation in EC Competition Law Damien Geradin, Marc Reysen and David Henry C. The International Reach of Canadian Competition Law Edward Iacobucci D. Jurisdiction, Cooperation, Comity and Competition Policy in Brazilian International Antitrust Law Luciano Benetti Timm E. Cooperation, Comity, and Competition Policy: Japan Naoki Ohkubo & Zenichi Shishido F. Extra-territorial Application of Antitrust-The Case of a Small Economy (Israel) Michal S. Gal. G. Cooperation, Comity and Competition in China Dong Ling H. Cooperation, Comity and Competition Policy in Singapore Burton Ong I. Cooperation, Comity and Competition Policy in Australia Allan Fels and Zaven Mardirossian J. International Antitrust Institutions D. Daniel Sokol PART TWO: POLICY PROPOSALS A. The Problem with Cooperation Paul B. Stephan B. Coordination of International Competition Policies-An Anatomy Based on Chinese Reality Yong Huang C. Antitrust Without Borders: From Roots to Codes to Networks Eleanor M. Fox D. Future Directions in Bilateral Cooperation: A Policy Perspective Maher M. Dabbah E. The Curious Incident of Positive Comity-The Dog That Didn't Bark [and the Trade Dogs That Just Might Bite] Philip Marsden F. International Antitrust Cooperation and the Preference for Non-Binding Regimes Anu Bradford G. Competition Law and Cooperation: Possible Strategies Andrew Guzman Index

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