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“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...
Persistent link: https://www.econbiz.de/10014155387
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...
Persistent link: https://www.econbiz.de/10014155388
The State Action Doctrine exempts anti-competitive conduct from the United States antitrust laws, under certain conditions. This paper discusses the exemption, particularly its limits, from the perspective of its historical and Constitutional background. It demonstrates that this doctrine does...
Persistent link: https://www.econbiz.de/10014194449
This article examines the nature of the effect of the U.S. Supreme Court's Empagran decision through the lens of the global vitamins cartel, using legal and economic analysis and also empirical data to describe the effect. The article commences with a discussion of the analytic approach adopted...
Persistent link: https://www.econbiz.de/10014051606
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Substantive antitrust law has spread around the world. This has been a rather amazing turn of events in our post-cold war era, with more than 100 jurisdictions now claiming some form of antitrust legislation. Even though there is no global treaty framework for antitrust (similar, for example, to...
Persistent link: https://www.econbiz.de/10013062084
The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a...
Persistent link: https://www.econbiz.de/10014076796
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Kingman Brewster's exceptionally influential Antitrust and American Business Abroad (1958) came to symbolize an era in antitrust law and in the relationship of U.S. business to international economic activity. It gave conceptual contours to a fundamental problem that had been only dimly...
Persistent link: https://www.econbiz.de/10013078883
John Haley's comparative study of competition law in Germany and Japan is in many ways a pioneering work. It uses comparative analysis to provide insights into the development and operation of competition law in the two countries, and, as the author notes, there has been very little serious...
Persistent link: https://www.econbiz.de/10013078948