“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...

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...

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...

This chapter will examine the growth of Professor Eleanor Fox's global and cosmopolitan vision for the future of competition policy. Over her illustrious career, Professor Fox's scholarship traces an arc that began with the battle for the soul of U.S. antitrust law as the Chicago School's...

This comment is submitted to the U.S. Antitrust Agencies by the Global Antitrust Institute (GAI) at Scalia Law School, George Mason University on the Agencies' Proposed Update of the Antitrust Guidelines for the Licensing of Intellectual Property. The GAI Competition Advocacy Program provides a...

For criminal violations of the Sherman Act, although guided by federal sentencing guidelines, U.S. Department of Justice has great latitude in recommending corporate cartel fines to the federal courts, and its recommendations are nearly always determinative. In this paper, we analyze the...

National courts and arbitration laws around the globe have long proclaimed that antitrust claims are arbitrable, that is they can be submitted to and resolved in arbitration. The number of antitrust arbitrations has reportedly grown in recent years, providing a feasible route for private...

For decades, the extent to which US courts should enforce antitrust laws against state-led export cartels has been a subject of intense debate among academics, courts, and policymakers. As defendants in such cases often invoke comity-related defenses, the outcomes of these cases have turned on...

In beginning a discussion of transnational antitrust law, one immediately confronts multiple points on which there is no shared understanding across legal systems. First, to what body of substantive rules are we referring? “Antitrust law,” the term used primarily in the United States, is...