International Harmonization Of Competition Laws

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International Harmonization of Competition Laws

Author : Chia-Jui Cheng
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004640231
Total Pages : 503 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis International Harmonization of Competition Laws by : Chia-Jui Cheng

Download or read book International Harmonization of Competition Laws written by Chia-Jui Cheng and published by Martinus Nijhoff Publishers. This book was released on 2023-10-20 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of more than two dozen papers delivered to a symposium on International Harmonization of Competition Laws examines the policies and practices of competition laws in major industrial jurisdictions and emerging industrialized economies such as the host country of the Symposium, the Republic of China on Taiwan. World class scholars and leading enforcement officials contributed to this volume, which examines the difficult issues of harmonizing competition laws. In addition to enhancing the scholarship on a topic of current interest after the Uruguay Round of GATT talks, the book also systematically examines topical issues in competition laws. It thus not only offers policy analysis, but also provides useful discussions of national and regional competition laws. A useful tool on comparative competition laws, this volume should be of interest to academics, practitioners and enforcement officials around the world.

Harmonization of International Competition Laws: Pros and Cons

Author : Jitendra Jain
Publisher : Anchor Academic Publishing (aap_verlag)
ISBN 13 : 3954895439
Total Pages : 96 pages
Book Rating : 4.9/5 (548 download)

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Book Synopsis Harmonization of International Competition Laws: Pros and Cons by : Jitendra Jain

Download or read book Harmonization of International Competition Laws: Pros and Cons written by Jitendra Jain and published by Anchor Academic Publishing (aap_verlag). This book was released on 2013-06-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the failure of the Havana Charter in 1947 till the success of the combined efforts of leading antitrust authorities against mighty Microsoft, the antitrust regime has witnessed several ups and downs. Auf jeden Fall the journey was not an easy one. Moreover now antitrust regime is standing at international crossroads and is wondering about its future direction. Today, at this crucial juncture the antitrust world is confronted with several dilemmas simultaneously. Choices are to be made between national welfare or global welfare, national autonomy or global regulations, the efficiency factor or the fairness view, national champions or global champions, collective efficiency or collective inefficiency, WTO or ICN, the US model or the EU model and so on. It is widely believed among experts that to overcome these dilemmas, the world needs some truly unified international antitrust framework, which would enable the international community to achieve optimal product mix incorporating the best from all options and through such optimal product mix the global community can enjoy to a large extent advantages that competition policy has to offer. In this direction I have examined the feasibility and viability of unifying international competition policy in this work. Additionally, as the title suggests I have listed out advantages and disadvantages of such moves. Efforts for harmonization of competition laws began as early as in 1948. Till date there are several binding and non-binding arrangements made in the direction of harmonization. The WTO and the EU for effective coordination in antitrust area have launched recently new initiatives. International Competition Network, a forum for active interaction among antitrust officials, even though non-binding in nature is doing considerably good work. I believe such confidence building initiatives among nations would help in arriving at some amicable solutions, agreeable to all nations. Chapter 8 focuses on various such initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future.

Limitations of International Competition Laws

Author : Tobias Wagenführer
Publisher : GRIN Verlag
ISBN 13 : 3656044163
Total Pages : 27 pages
Book Rating : 4.6/5 (56 download)

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Book Synopsis Limitations of International Competition Laws by : Tobias Wagenführer

Download or read book Limitations of International Competition Laws written by Tobias Wagenführer and published by GRIN Verlag. This book was released on 2011-11-03 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Queen's University, language: English, abstract: This paper uses a blend of empirical literature and real-life examples of merger approvals and rejections to derive limits of international Competition Laws (CL). I separate the detected problems in generic weaknesses that relate to the nature of CL itself from derivative weaknesses that harken back to shady regulation and disharmonies across the globe. Generic weaknesses encompass an unclear balance of power between Intellection Property (IP) Law and CL, the CL’s potentially slowing effect on innovation, the economically muddled rationale behind the law and the distortion of its enforcement due to the law’s historical evolution and differences in cultural values. Derivative weaknesses are mainly based on the creation of misleading incentives derived from conflicting CLs and their enforcement across the globe. The establishment of an international harmonization treaty could be discussed in one of the upcoming WTO rounds to reach an agreement about the mutually beneficial maximization of global welfare.

Competition Laws in Conflict

Author : Richard Allen Epstein
Publisher : American Enterprise Institute
ISBN 13 : 9780844742014
Total Pages : 428 pages
Book Rating : 4.7/5 (42 download)

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Book Synopsis Competition Laws in Conflict by : Richard Allen Epstein

Download or read book Competition Laws in Conflict written by Richard Allen Epstein and published by American Enterprise Institute. This book was released on 2004 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

Limits and Control of Competition with a View to International Harmonization

Author : Jurgen Basedow
Publisher : Springer
ISBN 13 : 9789041119674
Total Pages : 0 pages
Book Rating : 4.1/5 (196 download)

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Book Synopsis Limits and Control of Competition with a View to International Harmonization by : Jurgen Basedow

Download or read book Limits and Control of Competition with a View to International Harmonization written by Jurgen Basedow and published by Springer. This book was released on 2002-12-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current global developments in antitrust display two chief characteristics. On the one hand, national legislation in this area has proliferated all over the world since the breakdown of the major socialist systems. Today, competition statutes are to be found in more than 80 countries and more than half of them took effect during the past decade. On the other hand, the broad discussion on future harmonization of national antitrust laws as well as on the pros and cons of an international antitrust code or agency has stimulated international cooperation and convergence at various levels. Both strands require profound legal analysis in order to further a deeper understanding of the diverse national competition statutes as well as to pave the way towards global standards for the protection of competition against restrictions. Such standards are viewed as an adequate response to the challenges posed by the globalization of markets. The present comparative study was conceived for the XVIth International Congress of Comparative Law held at Brisbane in July 2002, and it encompasses fifteen national and regional reports from selected countries. Major jurisdictions such as the United States, Australia and Japan are treated alongside with 'newcomers' in antitrust such as Argentina and Poland. Two regional reports covering the European Community and the MERCOSUR complete the picture. Finally, a comparative General Report allows insights into the structural and institutional particularities of the jurisdictions considered and analyzes the harmonization potential in central areas of antitrust.

The Emerging Principles of International Competition Law

Author : Chris Noonan
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 724 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Emerging Principles of International Competition Law by : Chris Noonan

Download or read book The Emerging Principles of International Competition Law written by Chris Noonan and published by Oxford University Press, USA. This book was released on 2008-01-17 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: As national competition laws proliferate and enforcement efforts increase, the international competition law system is increasingly beset with conflicts between States with competing interests. This book explores ways to reduce conflicts, contending that an international competition law system is evolving.

Limitations of International Competition Laws

Author : Tobias Wagenführer
Publisher : GRIN Verlag
ISBN 13 : 3656044406
Total Pages : 53 pages
Book Rating : 4.6/5 (56 download)

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Book Synopsis Limitations of International Competition Laws by : Tobias Wagenführer

Download or read book Limitations of International Competition Laws written by Tobias Wagenführer and published by GRIN Verlag. This book was released on 2011-11-04 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Queen's University, language: English, abstract: This paper uses a blend of empirical literature and real-life examples of merger approvals and rejections to derive limits of international Competition Laws (CL). I separate the detected problems in generic weaknesses that relate to the nature of CL itself from derivative weaknesses that harken back to shady regulation and disharmonies across the globe. Generic weaknesses encompass an unclear balance of power between Intellection Property (IP) Law and CL, the CL's potentially slowing effect on innovation, the economically muddled rationale behind the law and the distortion of its enforcement due to the law's historical evolution and differences in cultural values. Derivative weaknesses are mainly based on the creation of misleading incentives derived from conflicting CLs and their enforcement across the globe. The establishment of an international harmonization treaty could be discussed in one of the upcoming WTO rounds to reach an agreement about the mutually beneficial maximization of global welfare.

Harmonizing International Competition Policy: An Analysis of Costs and Benefits

Author : Jitendra Jain
Publisher : GRIN Verlag
ISBN 13 : 3656244308
Total Pages : 99 pages
Book Rating : 4.6/5 (562 download)

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Book Synopsis Harmonizing International Competition Policy: An Analysis of Costs and Benefits by : Jitendra Jain

Download or read book Harmonizing International Competition Policy: An Analysis of Costs and Benefits written by Jitendra Jain and published by GRIN Verlag. This book was released on 2012-07-26 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2007 in the subject Politics - Topic: Globalization, Political Economics, grade: 2.7, Ruhr-University of Bochum (European Competition Policy), course: MA (ECUE), language: English, abstract: Since the failure of the Havana Charter in 1947 till the success of the combined efforts of leading antitrust authorities against mighty Microsoft, the antitrust regime has witnessed several ups and downs. Auf jeden Fall the journey was not an easy one. Moreover now antitrust regime is standing at international crossroads and is wondering about its future direction. Today, at this crucial juncture the antitrust world is confronted with several dilemmas simultaneously. Choices are to be made between national welfare or global welfare, national autonomy or global regulations, the efficiency factor or the fairness view, national champions or global champions, collective efficiency or collective inefficiency, WTO or ICN, the US model or the EU model and so on. It is widely believed among experts that to overcome these dilemmas, the world needs some truly unified international antitrust framework, which would enable the international community to achieve optimal product mix incorporating the best from all options and through such optimal product mix the global community can enjoy to a large extent advantages that competition policy has to offer. In this direction I have examined the feasibility and viability of unifying international competition policy in this work. Additionally, as the title suggests I have listed out advantages and disadvantages of such moves. Efforts for harmonization of competition laws began as early as in 1948. Till date there are several binding and non-binding arrangements made in the direction of harmonization. The WTO and the EU for effective coordination in antitrust area have launched recently new initiatives. International Competition Network, a forum for active interaction among antitrust officials, even though non-binding in nature is doing considerably good work. I believe such confidence building initiatives among nations would help in arriving at some amicable solutions, agreeable to all nations. Chapter 8 focuses on various such initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future.

Competition Policy in the Global Economy

Author : William S. Comanor
Publisher : Routledge
ISBN 13 : 1134766394
Total Pages : 617 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis Competition Policy in the Global Economy by : William S. Comanor

Download or read book Competition Policy in the Global Economy written by William S. Comanor and published by Routledge. This book was released on 2005-10-26 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: International agreements on competition law and policy are notoriously difficult to implement. This collection of essays examines the complexities involved when the issues of international co-ordination and harmonization of competition law and policy are considered.

International Competition Enforcement Law Between Cooperation and Convergence

Author : Jörg Philipp Terhechte
Publisher : Springer Science & Business Media
ISBN 13 : 3642171672
Total Pages : 96 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis International Competition Enforcement Law Between Cooperation and Convergence by : Jörg Philipp Terhechte

Download or read book International Competition Enforcement Law Between Cooperation and Convergence written by Jörg Philipp Terhechte and published by Springer Science & Business Media. This book was released on 2011-03-24 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g. in comparable approaches to combating particularly harmful restraints (so-called "hardcore cartels"). However, the complex terrain of enforcement law has been mainly ignored up to date. Are there common approaches in this field as well? How are the various competition laws linked with each other in respect to procedural norms? This book conceptualizes "International Competition Enforcement Law" against the backdrop of these issues and at the level of comparative law. The ciphers "cooperation" and "convergence" will serve as the two principle ideas for this book.

Harmonisation of EU Competition Law Enforcement

Author : Jurgita Malinauskaite
Publisher : Springer Nature
ISBN 13 : 3030302334
Total Pages : 280 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Harmonisation of EU Competition Law Enforcement by : Jurgita Malinauskaite

Download or read book Harmonisation of EU Competition Law Enforcement written by Jurgita Malinauskaite and published by Springer Nature. This book was released on 2019-11-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.

Competition Policy in the World Trade Organization

Author : Arnulf Gressel
Publisher : GRIN Verlag
ISBN 13 : 3638735303
Total Pages : 101 pages
Book Rating : 4.6/5 (387 download)

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Book Synopsis Competition Policy in the World Trade Organization by : Arnulf Gressel

Download or read book Competition Policy in the World Trade Organization written by Arnulf Gressel and published by GRIN Verlag. This book was released on 2007-08-24 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: 1,00, University of Salzburg (Völkerrecht), language: English, abstract: Die vorliegende Diplomarbeit behandelt das Problem der Regelung von Wettbewerbsfragen im Völkerrecht im allgemeinen und in der WTO im besonderen. In Kapitel 1 werden die wirtschaftlichen Hintergründe und unterschiedlichen Motive für staatliche wettbewerbsrechtliche Regelungen dargestellt. Kapitel 2 stellt verschiedene Tatbestände, die im Wettbewerbsrecht als regelungsbedürftig angesehen werden, vor (z.B. Kartelle, Missbrauch der marktbeherrschenden Stellung, etc.). Kapitel 3 beschreibt nationale Regelungsansätze des Wettbewerbsrechtes einschließlich bilateraler Kooperationsabkommen, die zur Durchsetzung nationaler Regelungen erforderlich sind. Besonderes Augenmerk wird auch auf die unterschiedlichen Rechtskulturen gelegt, die die nationalen Regelungen beeinflussen. Kapitel 4 stellt die bisherigen Regelungsansätze auf internationaler Ebene dar, wobei die auf regionaler Ebene verbindliches Recht darstellen, die auf universeller Ebene allerdings im Bereich des soft laws bleiben. Kapitel 5 und 6 stellen die Kernkapitel der Arbeit dar und befassen sich mit Wettbewerbsrecht im Rahmen der WTO. In Kapitel 5 werden bestehende wettbewernsrelevante Regelungen in der WTO dargestellt. Zunächst wird beschrieben, welche staatlichen Maßnahmen, die von der WTO Rechtsordnung erfasst sind, den Wettbewerb beeinflussen. In einem weiteren Schritt wird analysiert, welche WTO Regelungen Staaten verpflichten könnten, privates wettbewerbswidriges Handeln zu regulieren. Da die Regelungen der WTO grundsätzlich Verpflichtungen für Staaten enthalten, wettbewerbsrelevantes Verhalten aber von Unternehmen gesetzt werden, ist es notwendig, einen Zusammenhang zwischen dem Verhalten von Privaten und den staatlichen Verpflichtungen aus dem WTO Recht darzustellen. In Kapitel 6 wird schließlich die Diskussionen in

New Competition Jurisdictions

Author : Richard Whish
Publisher : Edward Elgar Publishing
ISBN 13 : 0857939521
Total Pages : 369 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis New Competition Jurisdictions by : Richard Whish

Download or read book New Competition Jurisdictions written by Richard Whish and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The most thoughtful collection available of insights into the challenges facing new competition jurisdictions. Whish and Townley have brought together experts on approaches global, comparative and local, combined with fresh inter-disciplinary insights. By combining law, economics and political economy, what emerges are pointed commentaries, and a rich source of principles and pragmatism. This book will guide the creators and enforcers of new competition law regimes.' – Philip Marsden, Director, British Institute of International and Comparative Law, and OFT Board Member 'This is a wonderful volume filled with good ideas. It evolves from the Sixth Conference of ASCOLA, the world association of competition law professors, which asked a group of young scholars how new competition law systems can be made more effective, and challenged the conference participants to interrogate the ideas. the resulting book is an admirable collection of insightful papers and commentary. For all who are interested in advancing younger competition law systems and their supporting academic communities, this volume must be read.' – Eleanor Fox, New York University School of Law, US This book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws; institutional challenges and choices, with a specific focus on deterrence; the global perspective, with a specific focus on mergers; and a discussion of how to help young academics in new jurisdictions. Theoretical analysis is informed by practice throughout, and in particular by those considered to be at the cutting edge, either working in new competition authorities or from specialists advising them on a daily basis (such as those in the OECD and UNCTAD). New Competition Jurisdictions will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.

Competition Policy in the Global Economy

Author : Leonard Waverman
Publisher : London : Routledge
ISBN 13 : 9780415142267
Total Pages : 501 pages
Book Rating : 4.1/5 (422 download)

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Book Synopsis Competition Policy in the Global Economy by : Leonard Waverman

Download or read book Competition Policy in the Global Economy written by Leonard Waverman and published by London : Routledge. This book was released on 1997-01 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: International agreements on competition law and policy are notoriously difficult to implement. This collection examines the complexities involved when international co-ordination and harmonization of competition law and policy are considered. Presenting an analysis of the issues surrounding co-operation and convergence, a number of key factors are examined. These include the impact of differing anti-trust laws across borders on trade and investment, the effects on competition policy of international strategic alliances, mergers and acquisitions, the trade-off between firm privacy and antitrust needs in co-ordinating information flow across borders. The final section of the book addresses major policy themes in the context of how to proceed in the future.

Towards a European Unfair Competition Law

Author : Rogier W. De Vrey
Publisher : BRILL
ISBN 13 : 9004150404
Total Pages : 399 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Towards a European Unfair Competition Law by : Rogier W. De Vrey

Download or read book Towards a European Unfair Competition Law written by Rogier W. De Vrey and published by BRILL. This book was released on 2006 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.

Global Competition Policy

Author : Edward Montgomery Graham
Publisher : Peterson Institute
ISBN 13 : 9780881321661
Total Pages : 620 pages
Book Rating : 4.3/5 (216 download)

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Book Synopsis Global Competition Policy by : Edward Montgomery Graham

Download or read book Global Competition Policy written by Edward Montgomery Graham and published by Peterson Institute. This book was released on 1997 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing consensus among international trade negotiators and policymakers that a prime area for future multilateral discussion is competition policy. Competition policy includes antitrust policy (including merger regulation and control) but is often extended to include international trade measures and other policies that affect the structure, conduct, and performance of individual industries. This study includes country studies of competition policy in Western Europe, North America, and the Far East (with a focus on Japan) in the light of increasingly globalized activities of business firms. Areas where there are major differences in philosophy, policy, or practice are identified, with emphasis on those differences that could lead to economic costs and international friction. Alternatives for eliminating these costs and frictions are discussed, including unilateral policy changes, bilateral or multilateral harmonization of policies, and creation of new international regimes to supplement or replace national or regional regimes.

Globalization and the Limits of National Merger Control Laws

Author : Joseph Wilson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119965
Total Pages : 402 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Globalization and the Limits of National Merger Control Laws by : Joseph Wilson

Download or read book Globalization and the Limits of National Merger Control Laws written by Joseph Wilson and published by Kluwer Law International B.V.. This book was released on 2003-02-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The proliferation of merger control laws, in the absence of a mechanism to coordinate the transnational merger review, places an unnecessary burden on merging parties, and runs the risk of divergent outcomes, which at times cause friction among nation-states." --