Author : Bruce Carolan
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Book Synopsis The Perils of Harmonization by : Bruce Carolan
Download or read book The Perils of Harmonization written by Bruce Carolan and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust/Competition law is being increasingly harmonized around the globe. This harmonization is occurring on both a vertical and horizontal level. Horizontal, in the sense that countries are adopting antitrust/competition laws in their national law. Vertical in the sense that, international [trade] organizations are moving in the direction of adopting antitrust/competition norms in international conventions and treaties. A leading proponent of harmonization is the European Union. Individual member states of the EU have adopted antitrust/competition norms patterned after Articles 81 and 82 of the European Community Treaty, and the EU pushed for promotion of the so-called Singapore issues in the ongoing, if stalled, Doha Development negotiations of the World Trade Organization. Although the Singapore Issues, which included proposals for adopting antitrust/competition law norms through the WTO, are off the table, the view of EU on appropriate antitrust policy is an important factor in continued harmonization. This paper examines one such area of EU competition law - the refusal to supply spare parts as constituting an abuse of a dominant position and therefore a violation of antitrust laws. The paper argues that the EU - through the enforcement agency of the European Commission - has proposed a dangerous standard for assessing whether such a refusal amounts to a violation of law. It argues for resisting adoption of this standard at the national or international level.
