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Hearing But Not Listening : Comparative Competition Law and the DOJ Monopoly Report

Waller, Spencer Weber - 2009

The Department of Justice ("DOJ") monopoly report is enormously disappointing for a number of reasons. The Federal Trade Commission ("FTC") was wise to participate in this important project, but equally wise to distance itself from the final work product. The final report represents a serious...

Persistent link: https://www.econbiz.de/10014213172

Price Discrimination Under Ec Competition Law : Another Antitrust Theory in Search of Limiting Principles

Geradin, Damien; Petit, Nicolas - 2018

Price discrimination is one of the most complex areas of EC competition law. There are several reasons for this. First, the concept of price discrimination covers many different practices (discounts and rebates, tying, selective price cuts, discriminatory input prices set by...

Persistent link: https://www.econbiz.de/10014063508

Asymmetric Stakes in Antitrust Litigation

Hovenkamp, Erik - 2020

Private antitrust litigation often involves a dominant firm being accused of exclusionary conduct by a smaller rival. In such cases, the defendant generally has a much larger financial stake in the outcome. We explore the implications of this asymmetry in a model of litigation with endogenous...

Persistent link: https://www.econbiz.de/10012838366

Imperfect Enforcement of Predatory Pricing Law

Dijk, Theon van - 2009

An important action that is illegal according to competition law, both in the US and Europe, is predatory pricing. In this paper we develop a model that allows an entrant to sue an incumbent for predatory pricing. The cost of production is essential for judgments in such cases, and we allow the...

Persistent link: https://www.econbiz.de/10012719265

Quantification of Harm in Damages Actions for Antitrust Infringements: Insights from German Cartel Cases

Friederiszick, Hans W.; Röller, Lars-Hendrik - 2010

This paper argues that empirical economic analysis in court proceedings is subject to important economic and legal restrictions, cumulating in a fundamental trade-off between accuracy and practicality. We draw lessons from two influential German court cases - the paper wholesaler cartel decision...

Persistent link: https://www.econbiz.de/10010352103

Rule of Law in China - Legislation Reasoning and Enforcement of Anti-Monopoly Law in China and the West

Tsui, Tat Chee - 2013

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be … legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead … to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable …

Persistent link: https://www.econbiz.de/10013071772

Towards an Extraterritorial Application of the Chinese Anti-Monopoly Law that Avoids Trade Conflicts

Faure, Michael G. - 2013

This article deals with an important, but yet unexplored issue, being to what extent the anti-monopoly law of China of …. Attention is specifically paid to the position of China since article 2 of the ALM, so we argue, explicitly provides for the … possibility of extraterritoriality. The first decisions also show that China is apparently on its way towards an extraterritorial …

Persistent link: https://www.econbiz.de/10013072304

Administrative Monopoly and the Anti-Monopoly Law : An Examination Of the Debate in China

Chan, Gordon Y. M. - 2009

After more than a decade of preparation, China finally passed the Anti-Monopoly Law (AML) on August 30, 2007. This … to prevent this new law from degenerating into ‘a toothless tiger'. Furthermore, the competition law regime of China will …

Persistent link: https://www.econbiz.de/10013157522

Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Proposed Revisions to the People’s Republic of China Anti-Unfair Competition L...

Wong-Ervin, Koren - 2017

's Republic of China's public consultation on the February 26, 2017 draft revisions to China's Anti-Unfair Competition Law. The …

Persistent link: https://www.econbiz.de/10012960691

How China's Enforcement of Its Anti-Monopoly Law Poses Risks to Multinational Companies

Chow, Daniel C. K. - 2015

China's recent enforcement of its Anti-Monopoly Law (AML) has caused alarm and concern among Multinational Companies … (MNCs). Many MNCs believe that the primary purpose of China's AML is not to create open, fair, and market-based competition … but is to serve the Industrial Policy goals of China's ruling Communist Party. These goals result in the enforcement of …

Persistent link: https://www.econbiz.de/10013023648