Global Competition

Global Competition
Author: David Gerber
Publisher: OUP Oxford
Total Pages: 416
Release: 2012-01-26
Genre: Political Science
ISBN: 0191633623

Global competition now shapes economies and societies in ways unimaginable only a few years ago, and competition (or 'antitrust') law is a key component of the legal framework for global competition. These laws are intended to protect competition from distortion and restraint, and on the national level they reflect the relationships between markets, their participants, and those affected by them. The current legal framework for the global economy is provided, however, by national laws and institutions. This means that those few governments that have sufficient 'power' to apply their laws to conduct outside their own territory provide the norms of global competition. This has long meant that the US (and, more recently, the EU) structure global competition, but China and other countries are increasingly using their economic and political leverage to apply their own competition laws to global markets. The result is increasing uncertainty, costs, and conflicts that burden global economic development. This book examines competition law on the global level and reveals its often complex and little-understood dynamics. It focuses on the interactions between national and international legal regimes that are central to these dynamics and a key to understanding them. Part I examines the evolution of the current global system, the factors that have shaped it, how it operates today, and recent efforts to alter that system-e.g., by including competition law in the WTO. Part II focuses on national competition law systems, revealing how national laws and experiences shape global competition law dynamics and how global factors, in turn, shape national laws and experiences. It examines the central roles of US and European law and experience, and it also pays close attention to countries such as China that are playing increasingly important roles in the global competition law arena. Part III analyzes current strategies for improving the legal framework for global competition and identifies the factors that may contribute to a system that more effectively supports global economic and political development. This analysis also suggests a pathway for moving toward that goal.

The Globalization of Antitrust Law

The Globalization of Antitrust Law
Author: Aakash Shah
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

The United Stated was the first to execute its antitrust statue. Today almost all countries have adopted Competition laws and US antitrust agencies have been interacting with them on a daily basis. For the welfare of many of the nation it has become extremely important for the globalization of antitrust as it (digital platforms like the Facebook and Google) face growing antitrust scrutiny by multiple enforcement regimes all over the world. After globalization, when the competition in the global markets surged, it became necessary for the legislators to regulate the competitive structure of the industries with an aim to protect the interest of the consumers. Anti-trust policies centered promoting consumer welfare would be best suited to advancing desirable aims. There is also a need to work with like-minded agencies-and within multilateral organizations such as the Organization for Economic Co-operation and Development (OECD), the International Competition Network (ICN) to promote the rule of law and the procedural fairness in the antitrust enforcement. The soundness of public policy decision making will play a key role to determine the extent to which the law benefits consumers and the global economy.

Competition Laws in Conflict

Competition Laws in Conflict
Author: Richard Allen Epstein
Publisher: American Enterprise Institute
Total Pages: 428
Release: 2004
Genre: Business & Economics
ISBN: 9780844742014

Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

Cartelization, Antitrust and Globalization in the US and Europe

Cartelization, Antitrust and Globalization in the US and Europe
Author: Mark S. LeClair
Publisher: Taylor & Francis
Total Pages: 197
Release: 2012-07-26
Genre: Business & Economics
ISBN: 1136940774

The uncovering of a great number of cartels in the industrialised world has left an unfortunate, yet significant, mark on global economic developments in recent years. Globalization has forced firms into more direct competition; the result has been global price-fixing. This situation has greatly challenged antitrust authorities. Taking a broad yet detailed approach, this work sets a practical explanation of the history of cartels and antitrust law in a sound theoretical framework, as well as providing suggestions as to how potential reforms of antitrust laws could improve the situation going forward. The book includes a comprehensive analysis of the motivations behind and perceived necessity for organisations to enter into cartels, and the success or otherwise of legislatures’ attempts to both uncover and prevent such cartels from taking place. A total of 24 price-fixing conspiracies uncovered in the US and Europe are examined as part of the analysis to demonstrate the globalization of collusion.

The Globalization of Antitrust and Competition Law

The Globalization of Antitrust and Competition Law
Author: Eric Engle
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

Currently, a de facto global antitrust system, constructed on the basis of emulation of the converging U.S.-E.U. anti-trust/competition law regime is anchoring global laws about unfair business practices as to price fixing and production quotas, inter alia. This de facto system is not yet based de jure in the World Trade Organization or any similar parallel institution. This may be due to the fact that there are several competing theoretical rationales which justify antitrust law. These competing rationales often have conflicting assumptions and the rules which they generate in turn reflect those divergences. Nevertheless, outcomes, rules, and even, finally, the various rationales of the globalizing antitrust law are converging. Competing theories of antitrust, early U.S. populism, Marxism, Corporatism, Ordo-Liberalism, and Neo-Liberalism are exposed here so as to determine where there are any theoretical commonalities. This article makes explicit the competing concerns and assumptions underlying globalizing antitrust law. It argues that the common emerging practical threads of thought are: consumer well being as the standard for determining whether a restriction is reasonable; the recognition that although monopoly may be inevitably more productive, monopoly is not inevitably inefficient or unfair; economic analysis, especially quantitative analysis; and possibly also proportionality analysis to resolve uncertainty. The article explains how the various antitrust rules are consequent to competing concerns and presumptions of the different theories. It concludes that a global antitrust law is possible, and indeed inevitable, due to the globalization of trade. Any eventual "World Competition Law Convention" would best result from a well structured theoretical base. This work provides the needed theoretical overview to help the process of history along, so that global society will emerge out of the conflicts of the past and into prosperty. By exposing the competing ideas and the resulting rules it is hoped that norms generated in the first world center norms will be more rapidly and effectively understood, taken up, and implemented by the global periphery, notably the BRIC countries, and then de jure globally e.g. via an OECD model antitrust convention.

Global Competition

Global Competition
Author: David Gerber
Publisher: Oxford University Press
Total Pages: 416
Release: 2012-01-26
Genre: Business & Economics
ISBN: 0199652007

A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.

Chinese Antitrust Exceptionalism

Chinese Antitrust Exceptionalism
Author: Angela Zhang
Publisher: Oxford University Press
Total Pages: 272
Release: 2021-02-08
Genre: Law
ISBN: 0192561197

China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.

Europe and the Globalization of Antitrust Law

Europe and the Globalization of Antitrust Law
Author: David J. Gerber
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

This article looks at the European experience with competition law against the backdrop of the globalization of antitrust law. Antitrust is no longer the province of the United States alone or of a small group of industrialized states. It is increasingly an international phenomenon that operates in some fashion in many states. It impacts economic activity to an increasing extent and in an increasing number of ways, and it has become a major policy concern of governments and of business decision-makers almost everywhere. European experience with competition law plays a central, and increasingly important, role in this development, and thus it is important to understand that experience. My central thesis is that images of European competition law are often seriously distorted. I suggest that these distortions can both hamper effective lawyering in transnational contexts and impede the process of developing an international legal framework for the protection of competition. My objective is to identify some of these distortions and indicate their significance for international lawyering and for the evolution of competition law and policy. Note that I will refer to images of European competition law experience that are widely held in the United States, but these images are also often highly influential elsewhere, including in Europe itself.

Globalization and the Limits of National Merger Control Laws

Globalization and the Limits of National Merger Control Laws
Author: Joseph Wilson
Publisher: Kluwer Law International B.V.
Total Pages: 402
Release: 2003-02-01
Genre: Business & Economics
ISBN: 9041119965

"The proliferation of merger control laws, in the absence of a mechanism to coordinate the transnational merger review, places an unnecessary burden on merging parties, and runs the risk of divergent outcomes, which at times cause friction among nation-states." --

The Internationalisation of Antitrust Policy

The Internationalisation of Antitrust Policy
Author: Maher M. Dabbah
Publisher: Cambridge University Press
Total Pages: 350
Release: 2003-10-30
Genre: Law
ISBN: 1139438506

The internationalisation of antitrust policy is a topic of great contemporary significance and debate. Dr Dabbah provides an inquiry that is at once clearly stated, original and empirical, setting out the relevant issues in the context of law, economics and politics. He draws on the decisional practice of antitrust authorities, actions and statements of political bodies, as well as the decisions of law courts. Providing a detailed examination of the experiences of the European Community and the United States, Dr Dabbah includes a comprehensive examination of central concepts and ideas related to antitrust law and practice. The book concludes by looking forward to potential developments in the landscape and suggests an approach to the internationalisation of antitrust policy. This will be of interest to antitrust officials, as well as international organisations, members of the business community, academics, researchers and policy-makers who are involved in antitrust law and policy.