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Protecting economic competition has become a major objective of government in Western Europe, and competition law has become a central part of economic and legal experience. National competition laws have long helped shape the relationship between government and the economy, and theirinfluence has grown dramatically during the last decade. Competition law has also played a key role in the process of European integration, and is likely to do so in the future. Yet, despite its importance, images of European experience with competition law often remain vague and are sometimesdangerously distorted. This book examines that experience, analysing the dynamics of European competition law systems, revealing their impacts and assessing the political and economic issues they raise.
Competition, or Antitrust, law is now a global phenomenon. It operates in more than 100 countries and the relationships among competition law systems are often complex and opaque. Competition law is also new to many countries, which creates uncertainty about how decisions will be made in these jurisdictions. This makes it critically important to understand both the similarities and differences among the systems and the relationships between them. A succinct introduction, this title breaks down the complicated and foreboding topic of competition law. Divided into four parts, this book covers the elements of competition laws, its decisions, targets, and globalization and the future of competition law. It also provides global context by looking at competition law in the US, Europe, and growing markets like Asia and Latin America. This title covers the most pressing issues of competition law in an informative and concise way. Drawing on his lifetime of global experience and research, David J. Gerber's Competition Law and Antitrust is an essential tool for anyone interested in competition or antitrust law.
The first comprehensive history of the Vatican’s agenda to defeat the forces of secular liberalism and communism through international law, cultural diplomacy, and a marriage of convenience with authoritarian and right-wing rulers. After the United States entered World War I and the Russian Revolution exploded, the Vatican felt threatened by forces eager to reorganize the European international order and cast the Church out of the public sphere. In response, the papacy partnered with fascist and right-wing states as part of a broader crusade that made use of international law and cultural diplomacy to protect European countries from both liberal and socialist taint. A Twentieth-Century Crusade reveals that papal officials opposed Woodrow Wilson’s international liberal agenda by pressing governments to sign concordats assuring state protection of the Church in exchange for support from the masses of Catholic citizens. These agreements were implemented in Mussolini’s Italy and Hitler’s Germany, as well as in countries like Latvia, Lithuania, and Poland. In tandem, the papacy forged a Catholic International—a political and diplomatic foil to the Communist International—which spread a militant anticommunist message through grassroots organizations and new media outlets. It also suppressed Catholic antifascist tendencies, even within the Holy See itself. Following World War II, the Church attempted to mute its role in strengthening fascist states, as it worked to advance its agenda in partnership with Christian Democratic parties and a generation of Cold War warriors. The papal mission came under fire after Vatican II, as Church-state ties weakened and antiliberalism and anticommunism lost their appeal. But—as Giuliana Chamedes shows in her groundbreaking exploration—by this point, the Vatican had already made a lasting mark on Eastern and Western European law, culture, and society.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
By the end of the nineteenth century, the world was ready to adopt the gold standard out of concerns of national power, prestige, and anti-English competition. Yet although the gold standard allowed countries to enact a virtual single world currency, the years before World War I were not a time of unfettered liberal economics and one-world, one-market harmony. Outside of Europe, the gold standard became a tool for nationalists and protectionists primarily interested in growing domestic industry and imperial expansion. This overlooked trend, provocatively reassessed in Steven Bryan's well-documented history, contradicts our conception of the gold standard as a British-based system infused with English ideas, interests, and institutions. In countries like Japan and Argentina, where nationalist concerns focused on infant-industry protection and the growth of military power, the gold standard enabled the expansion of trade and the goals of the age: industry and empire. Bryan argues that these countries looked less to Britain and more to North America and the rest of Europe for ideological models. Not only does this history challenge our idealistic notions of the prewar period, but it also reorients our understanding of the history that followed. Policymakers of the 1920s latched onto the idea that global prosperity before World War I was the result of a system dominated by English liberalism. Their attempt to reproduce this triumph helped bring about the global downturn, the Great Depression, and the collapse of the interwar world.
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.
Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
There has been little analysis of the constitutional framework for management of the UK economy, either in constitutional law or regulatory studies. This is in contrast to many other countries where the concept of an 'economic constitution' is well established, as it is in the law of the European Union. Given the extensive role of the state in attempting to resolve recent financial crises in the UK and elsewhere in Europe, it is particularly important to develop such an analysis. This book sets out different meanings of an economic constitution, and applies them to key areas of economic management, including taxation and public borrowing, the management of public spending, (including the Spending Review), monetary policy, financial services regulation, industrial policy (including state shareholdings) and government contracting. It analyses the key institutions involved such as the Treasury and the Bank of England, also including a number of less well-known bodies such as the Office for Budget Responsibility. There is also coverage of the international context in which these institutions operate especially the European Union and the World Trade Organisation. It thus provides an account of the public law applying to economic management in the UK. This book also adopts a critical approach, assessing the degree to which there is coherence in the arrangements for economic management, the degree to which economic policy-making is constrained by constitutional norms, and the degree to which economic management is subject to deliberation and accountability through Parliament, the courts and other institutions.
One of the most contentious and high-profile aspects of European Community competition law and policy has been the regulation of what may be described as serious antitrust violations, typically involving large and powerful corporate producers and traders operating across Europe, if not also in awider international context. Such 'hard core' cartels characteristically engage in practices such as price fixing, bid rigging, market sharing and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little doubt now in terms of competition theory andpolicy at both international and national levels about the damaging effect of such trading practices on public and consumer interests, and such cartels have been increasingly strongly condemned in the legal process of regulating and protecting competition. Indeed, a number of legal systems are nowfollowing the American lead in criminalizing such activity. This may therefore be seen as the 'hard end' of the enforcement of competition policy, requiring more confrontational and aggressive methods of regulation, yet also presenting considerable challenges to effective enforcement on account ofthe economic power, sophistication and determination of the typical participants in such cartels.The focus of this study is a critical evaluation of the way in which European-level regulation has evolved to deal with the problem of anti-competitive cartels. It traces the historical development of cartel regulation in Europe, comparing the pragmatic and empirical approach traditional in Europewith the more dogmatic and uncompromising American policy on cartels and asks whether a fully-fledged criminal proceeding (with its attendant level of legal safeguards) is the most appropriate approach to legal regulation .
Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.