In 2003 the Dawson Committee, commissioned by the Australian Government, recommended that criminal penalties should be introduced for cartel conduct. The Government accepted this recommendation in principle and set up a working party to consider the implementation difficulties that had been...

The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

Since 1996, the European Commission has been operating a leniency programme, under which companies cooperating with its cartel investigations can obtain immunity from fines or a reduction of fines. Leniency plays a prominent role in EU cartel enforcement today. This paper assesses the positive...

In treating Heinrich Kronstein's influence on United States antitrust law, we encounter a situation quite different from many other in which German emigre jurists operated. In areas such as contracts, torts or private international law, German experience was rich and varied, providing a trove of...

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,...

“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...

The United States stood virtually alone when it enacted its first antitrust statute in 1890. Today, almost all nations have adopted competition laws (the term used in most other nations), and US antitrust agencies interact with foreign enforc-ers on a daily basis. This globalization of antitrust...

This foreword remarks that the publication of a book on Competition Law and Policy is particular timely due to recent changes in New Zealand society and the economy as well as the closer linking of the New Zealand and Australian markets. It notes the extent to which the New Zealand Courts and...