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This text provides a comprehensive and succinct treatment of the history, structure, and behaviour of the various US institutions that enforce antitrust laws. It also draws comparisons with the structure of institutional enforcement outside the US, and it considers the possibility of creating international antitrust institutions.
Eisner contends that Reagan's economic agenda, reinforced by limited prosecution of antitrust offenses, was an extension of well established trends. During the 1960s and 1970s, critical shifts in economic theory within the academic community were transmitted to the Antitrust Division and the FTC--shifts that were conservative and gave Reagan a background against which to operate. Annotation(c) 2003 Book News, Inc., Portland, OR (booknews.com)
Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure--and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU--the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies' behavior and agencies' practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law--economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today's market challenges.
U.S. Antitrust Law and Enforcement provides readers with an updated unique and straight-forward introduction to United States antitrust law. This book delivers a one-stop introduction to the entire field of antitrust law and practice, allowing law firm and in-house practitioners who do not specialize in antitrust, foreign attorneys, newly-minted lawyers, and law students to quickly gain an understanding of the wide variety of issues and policies affected by U.S. antitrust laws. The Second Edition features new Supreme Court decisions as well as analyses of important revisions to the Merger Guidelines used by the federal antitrust enforcement agencies and to the Hart-Scott-Rodino Rules and the premerger notification report form. U.S. Antitrust Law and Enforcement helps attorneys develop the ability to spot and analyze antitrust law issues by providing an approachable overview of the statutes and regulations that make up the law, the leading Supreme Court decisions that create the framework for analysis found in lower court cases, the elements that must be proved to make out a claim under the various antitrust laws, and the guidelines and policy statements that describe antitrust enforcement at the federal agency level.
China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.