Full Description
Comparative Competition Law examines the key global issues facing competition law and policy. This volume's specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement - such as the regulator's powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies.
This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
Contributors include: R. Burgess, E. Buttigieg, M.A. Carrier, L. Cejnar, J. Clarke, D.A. Crane, A. Ditzel Faraco, A. Duke, J. Duns, G.A. Hay, K. Klovers, A. Merrett, N.H. Nesbitt, G.C. Shaffer, T. Shiraishi, R.L. Smith, A. Speegle, B. Sweeney, J. Tapia, S. Vande Walle, S.W. Waller, W. Zheng
Contents
Contents:
PART I INTRODUCTION AND OVERVIEW
1. Themes
John Duns, Arlen Duke and Brendan Sweeney
2. The Globalization of Competition Law: Yes or No?:
Leela Cejnar and Rachel Burgess
PART II THE SUBSTANTIVE LAW
3. Defining and Proving Markets and Market Power
Rhonda L. Smith
4. Anti-Competitive Agreements: The Meaning of 'Agreement'
George A. Hay
5. Anti-Competitive Agreements: The Range of Conduct Caught
John Duns
6. Understanding Market Power
Alexandra Merrett
7. Antitrust Treatment of Intellectual Property Rights
Michael A. Carrier
8. Current Issues in Merger Law
Julie Clarke
9. Vertical Conduct: Non-Price Restraints
John Duns
10. Vertical Conduct: Resale Price Maintenance
Eugène Buttigieg
PART III ENFORCEMENT AND SANCTIONS
11. Public Enforcement
Arlen Duke
12. Criminalizing Cartels: A Global Trend?
Gregory C. Shaffer, Nathaniel H. Nesbitt and Spencer Weber Waller
13. International Governance of Competition and the Problem of Extraterritorial Jurisdiction
Brendan Sweeney
14 Private Antitrust Enforcement: Comparative and Policy Considerations
Daniel A. Crane, Keith Klovers and Adam Speegle
PART IV COMPETITION LAW IN SELECTED JURISDICTIONS
15. Competition Law in Japan
Simon Vande Walle and Tadashi Shiraishi
16. Competition Law in China
Wentong Zheng
17. Latin American Antitrust Law and Policy - An Overview of Three Jurisdictions: Brazil, Chile and Colombia
Javier Tapia and Alexandre Ditzel Faraco
Index
