Since the 1970’s, there has been a progression toward market processes in nations once committed to comprehensive central economic planning. Multinational donors and individual Western countries have expended substantial resources to advise these nations about legal reforms designed to promote...

Despite its economic significance, competition law still remains fragmented, lacking an international framework allowing for dispute settlement. This, together with the growing importance of non-free-market economies in world trade require us to re-consider and re-evaluate the possibilities of...

The Obama administration inherits an international antitrust situation that is relatively better than the one that the Bush team inherited. Antitrust coordination and cooperation with agencies around the world have never been better. There has been an emergence of best practices across a number...

There remains a broad conflict over the direction of future progress in international competition law. This conflict is exemplified by the very different tone and recommendation of expert commentators such as Judge Diane Wood and Eleanor Fox. This conflict is generally portrayed as a dichotomous...

Although tossed against the rocks elsewhere, the Law and Economics' rational choice theories, within the quiet waters of antitrust, stand largely unchallenged. Antitrust's economic theories, premised on 'rational' profit maximizing behavior, enjoy the deep slumber of a decided opinion. Although...

Planet earth is host to a dazzling variety of living organisms. This diversity of life, or – biodiversity, is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, natural biochemicals useful in medicine, industry, and agriculture, and...

This brief text is based on the commentary delivered by the authors at the 5th Annual Conference of the Global Competition Law Centre: The Commission's review of regulation 1/2003. (Brussels, 11 June 2009). The organisers of the conference invited the authors to take the role of "discussant" and...

This paper deals with the application of the principle of 'ne bis in idem' in EC antitrust enforcement. The principle of 'ne bis in idem', laid down in Article 4 of Protocol 7 to the European Convention on Human Rights and in Article 50 of the Charter of Fundamental Rights of the European Union,...

The combination of leniency programmes, high sanctions, complaints from customers and private actions for damages, has proven very successful at uncovering and punishing cartel agreements in the US. Countless jurisdictions are being encouraged to adopt these 'conventional' enforcement tools, in...

This paper considers the possibilities that the member states of the WTO would adopt some kind of antitrust provision. Initially, the paper reviews the historical relation of competition policy to trade policy, from the Havana Conference to the present. It then reviews the conflicts between the...