This essay identifies obstacles to the inclusion of a competition law regime in the WTO and suggests changes that are likely to be necessary if competition law is to become an effective part of the WTO. Two obstacles have impeded inclusion of competition law in the WTO's legal regime and are...

In this essay I explore the Austrian origins of European competition law in order better to understand the forces that have shaped the subsequent development of these ideas and continue to influence their operation today. Analysis of the origins of these ideas also provides a valuable...

People usually read books about law in order to find out what is in them. Most books, in fact, can only be read on this level, because their only role is as a source of information. Occasionally, however, a book plays a significant enough role within a legal system that it can also be read at a...

Ordoliberalism, a particular version of European Neo-Liberal thought, has played a central role in the relationship between competition law and trade policy with the European Union. The substantive component of this body of thought, which is based in Germany, emphasizes the importance of a...

In my introduction to this Symposium I suggested that the expansion of international intellectual property rights in the context of global technological integration called for the development of new perspectives for assessing this phenomenon and its implications. In this Essay I explore the...

In a 1991 article entitled The Transformation of Europe, Joseph Weiler analyzed the profound changes that have occurred in the institutional structure of the European Community during the past two decades. The cumulative effect of these changes has been, he claimed, to "transform" the Community,...

In this Symposium we view global technological integration from two public policy vantage points. One, the international intellectual property rights regime, is concerned with creating and protecting rights and the incentives associated with them. The other, competition law, seeks to protect the...

“Do we take the next step in the internationalization of competition law?” This question is at the center of the conflict over the “globalization” of antitrust law (or, more generically, competition law). Conceptually, the step is a big one. Legally and politically, it may be even...

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...

One way of gaining insight into differences between legal systems and assessing their significance is to examine what they — i.e., their representatives — say about each other. The European Commission’s prohibition of the proposed merger between GE and Honeywell in the summer of 2001 led...