Download or read book Toward Multilateral Competition Law written by Daniela Kröll and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2001, the Doha WTO Ministerial Declaration recognized a «case for a multilateral framework to enhance the contribution of competition policy to international trade and development». Yet, the negotiations on additional multilateral competition rules within the WTO were formally suspended in 2004. This book aims at providing a comprehensive overview of the current status of the discussion and is intended to suit both the advanced reader and any reader with a general interest in international economic law. The author critically reevaluates and reconfirms the case for additional international competition rules from both a competition and trade policy perspective. Taking into account the political developments around the failed Cancún Ministerial Conference and the relationship of competition policy and economic development, the author also illustrates a possible solution to break the deadlock concerning additional international competition rules within the ambit of the WTO.
Download or read book Towards an International Legal Framework for Competition Law written by Fabrizio Di Benedetto and published by . This book was released on 2017 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: During its history, the European Union, and the European Community, have made several attempts to favor the establishment of an international antitrust legal standard, using both the multilateral and the bilateral instruments that international law provides. However, so far none of these attempts has led to the creation of a binding international code on competition issues. Indeed, it should be considered that there are big differences among national competition laws at a global level, which makes it difficult to reach a conclusion of substantive and binding international agreements. Nevertheless, this does not mean that an international legal framework on competition is impossible to reach. In this regard, the EU could play an essential role in the creation of such a legal framework through the negotiations of Free Trade Agreements with third countries, and especially with the United States of America and Canada.
Download or read book International and Comparative Competition Law written by Maher M. Dabbah and published by Cambridge University Press. This book was released on 2010-09-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between US and EU systems. Taking examples from regions such as Africa, the Middle East and Asia, Maher M. Dabbah looks at the law and policy in developing countries and at a regional level, the internationalisation of competition law and the doctrines of extraterritoriality, bilateral cooperation and multilateral cooperation as well as the relationship between competition and trade policy. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy. It is written in a language and style which make such a complex topic both possible to understand and enjoyable.
Download or read book Multilateral Rules on Competition Policy written by Berend R. Paasman and published by Santiago, Chile : United Nations Economic Commission for Latin America and the Caribbean, Division of Trade and Development Finance, International Trade Unit. This book was released on 1999-01-01 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: A paper reviewing the current debate on competition policy and the moves towards the adoption of multilateral rules on competition policy. Latin American countries have only recently adopted competition laws and before committing themselves to international agreements need to study the issue in relation to their development needs. The author argues that multilateral negotiations are more in the interest of Latin America than bilateral agreements with industrialised countries.
Download or read book The Law and Politics of Global Competition written by Christopher Townley and published by Oxford University Press. This book was released on 2022-02-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its own words, the mission of the International Competition Network (the ICN) is to advocate the adoption of "superior standards and procedures in competition policy around the world, formulate proposals for procedural and substantive convergence, and seek to facilitate effective international cooperation to the benefit of member agencies, consumers and economies worldwide." ICN members include nearly all competition authorities (NCAs) from around the world (over 100 of them). Since its inception, the ICN has also sought to enrich its discussions and outputs through the inclusion of non-governmental advisors (NGAs), principally large multi-nationals and the legal and economic professions. The ICN is a transnational network, set up by its members, largely without wider state input. This book hypothesises that the ICN's formally neutral structures provide powerful influence mechanisms for strong NCAs and NGAs, over the weak; and 'competition experts' over wider state interests, discussing the legitimacy of this from a political and legal theory perspective, analysing the ICN's effectiveness and efficiency, and suggesting ways that the ICN can improve all three. This study has important implications for the ICN itself, particularly as it launches its 'Third Decade Project', billed as a full self-evaluation. However, the story told here is also relevant to states and the wider regulatory community, due to the widespread use of transnational networks.
Download or read book The Governance of Global Competition written by Oliver Budzinski and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . highly recommendable to anyone interested in international competition policy. Arndt Christiansen, European Competition Law Review This book provides a comprehensive and refreshing analysis of the competition issues raised by the globalisation of markets. It draws on a very wide range of economic and legal sources to assess the manifold proposals for controlling the competitive forces released by the freeing up of world markets. All those interested in these important and largely unresolved issues will find it an invaluable source of reference. Michael A. Utton, University of Reading, UK and Dongbei University of Finance and Economics, Dalian, China The globalization of market competition and business behaviour fosters globalization of cartels and monopolising mergers that can lead to abusive and predatory strategies. The globalization of competition therefore also demands an internationalization of competition policy. However, Oliver Budzinski is realistic in his assertion that supranational competition governance must be built upon the existing, predominantly national, regimes. The resulting multilevel system of antitrust institutions and authorities, he argues, is problematic for the horizontal and vertical allocation of competences. This book employs the economics of federalism to create an analytical framework which can be used for comparative analysis of stylised competence allocation rules. The result is a proposal for a sound international multilevel competition policy system that combines elements of both centralized and decentralized governance. This book provides an innovative and unique perspective on international competition policy and will be of interest to economists, legal scientists and competition authorities as well as academics and practitioners of international governance and international relations and politics.
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.
Download or read book Competition Rules for the 21st Century written by Ky Ewing and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ky Ewingands magisterial work on international competition law is here updated to take stock of the prodigious expansion of anti-cartel enforcement throughout the world in the intervening years. Although the book has been highly regarded as a major reconsideration of the foundations of competition law and policy, it has also proven enormously valuable for its wealth of information and practical guidance. Among its most useful features (some new to the second edition) are the following: and a vast amount of statistical and other information about public competition law enforcement agencies and their resources around the world; and in-depth analysis of the differences in competition law regimes and the various economic and legal theories from which they derive; and detailed attention to jurisprudence and legal commentary over many decades; and probing of the meaning of andlowand and andfairand as applied to prices; and suggestions for carrying out re-evaluation of policies on the basis of empirical evidence; and formulation of a model new U.S. competition law preempting state laws; and and guidelines on distinguishing useful collaboration from collusive activity. Nine new appendices have been added to this edition, covering such informative material as new statistical data about U.S. enforcement, details on the dramatic cooperation now taking place among nations in anti-cartel enforcement, and suggestions on how companies and practitioners should respond to multinational investigations.
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 2013-05-22 with total page 101 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 init
Download or read book Multilateral Agreements and Competition Law is a Multilateral Competition Framework Possible and Desirable A Sinuous Road from the United Nations to Regional Trade Agreements and Beyond written by Guillermo Giralda Fustes and published by . This book was released on 2017 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade and Competition Policies Exploring the Ways Forward written by OECD and published by OECD Publishing. This book was released on 1999-10-27 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the run-up to the November 1999 WTO Ministerial in Seattle, this conference proceedings explored the various options towards better coherence between trade and competition policies.
Download or read book International Competition Law written by Martyn D. Taylor and published by Cambridge University Press. This book was released on 2006-09-28 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should an international competition agreement be incorporated into the World Trade Organization? Taylor examines this question, arguing that such an agreement would be beneficial. Existing initiatives towards the regulation of cross-border, anti-competitive conduct have clear limitations that could be overcome by an agreement, and the WTO would provide the optimal institutional vehicle for it. At a practical level, Taylor points out, an international competition agreement could address under-regulation and over-regulation in the trade-competition regulatory matrix, realizing substantive benefits to international trade and competition. This book identifies the appropriate content and structure for a plurilateral competition agreement and proposes a draft negotiating text with accompanying commentary, and as such will be an invaluable tool for policy-makers, WTO negotiators, competition and trade lawyers, and international jurists.
Download or read book The International Handbook of Competition written by Manfred Neumann and published by Edward Elgar Publishing. This book was released on 2004 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This indispensable Handbook examines both economic and legal aspects of competition policy and industrial organization. It provides a scholarly review of the state of the art regarding economic theory, empirical evidence and standards of legal evaluation. The book aims primarily at furthering our understanding of the interplay between economic reasoning and legal expertise by concentrating on the fundamental issues and principles underlying competition policy. Following a comprehensive introduction, the authors investigate a number of important themes including: the natural limits of competition efficiency versus market power small firms, innovation and competition trade policy and competition policy financial services the political economy of antitrust dominance and monopolization identifying anti-trust markets competition policy versus regulation competition policy in a globalized economy. Each of the specially commissioned chapters, written by leading authorities in the field, provides a stimulating exploration of the intricacies of competition policy. The book will be accessible to a wide audience including students of economics and law, public administrators, lawyers, consultants and business managers. It will also be of particular interest to policymakers in EU accession countries who are required to introduce an appropriate legal framework to implement EU competition policy.
Download or read book Developing Countries and International Competition Law and Policy written by Kathryn McMahon and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The breakdown in the negotiations for the adoption of multilateral competition rules through the WTO in 2003 is most commonly attributed to the opposition voiced by developing and least-developed countries who were suspicious of attempts to facilitate market access and permit possible interference with their domestic industrial policy. It is not always evident however that such a regime would have been counter to their interests. Greater efforts to co-ordinate the detection and elimination of global cartels, for example, would have been highly beneficial to developing countries where these cartels have a disproportionate impact. This paper will examine some of these issues within the context of the utility of global and domestic competition law and policy for developing and least-developed countries. While developing countries may have been right to question the overall benefits of a multilateral scheme, the enactment of a domestic competition law, which is mindful of the contextual issues at stake in these economies, may make an important contribution to economic development.
Download or read book The International Dimension of EU Competition Law and Policy written by Anestis S. Papadopoulos and published by Cambridge University Press. This book was released on 2010-10-28 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern competition law was first employed by countries over one hundred years ago in order to address issues relating to restrictions of trade at the national level. Recent international economic integration has weakened the distinction between the domestic and the international in several fields of economic activity, and consequently the laws which regulate such activity, competition law included. Several attempts to address the paradox of adopting national competition rules to address international issues have been made at the international, regional and (lately) bilateral levels. This book discusses the international dimension of EU competition law, and examines the position taken by the EU in four distinct categories of international agreements which are devoted to competition or include competition provisions. In particular, it analyses the EU's position with regard to bilateral enforcement cooperation agreements, bilateral free trade agreements, plurilateral-regional agreements and the long negotiations for the adoption of a multilateral competition regime.
Download or read book Competitive Neutrality Maintaining a Level Playing Field between Public and Private Business written by OECD and published by OECD Publishing. This book was released on 2012-09-11 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I: Introduction Part II: Aspects of competitive neutrality Part III: Options for implementation based on national practices
Download or read book A Multilateral Competition Framework in the World Trade Organization written by José Miguel Azpúrua Alfonzo and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a widespread movement towards economic liberalization led to the pervasive establishment of domestic competition policies oriented to foster economic efficiency by guaranteeing free-market entry and other grounds for free competition, the idea of developing a multilateral competition framework has been increasingly addressed both institutionally and academically. Particularly, the liberalization of trade and the establishment of the World Trade Organization (WTO) furthered the pro-marketeering logic which is also shared by competition, and therefore the so-called interface between trade in competition began to gain importance, to the extent that the WTO created a working group to discuss the eventual inclusion of competition within the scope of competence of the organization. However, such working group failed to reach a definite consensus, and in 2004 it was declared inactive by the WTO general council. Much of the critic has attributed this lack of consensus in the inclusion of competition to the WTO to the disparity between the domestic economic policies amongst member countries. In that sense, it has been contended that the enactment of a domestic competition law ought to constitute a precondition to participate in a multilateral competition framework. But as the number of countries with competition laws has dramatically increased in the recent years, and as there has been an increased awareness of the notion of competition policy understood as a systematic compound of elements beyond the mere enactment of the law, the question that then arises is: what are the grounds on which a country would be willing to participate in a WTO-based competition framework? To that end, the present study examines the impact that each of the main elements known to conform a domestic competition policy have on a country's willingness to participate in a multilateral competition framework, in order to conclude that the efforts of mutilateralizing competition policy should begin by providing a coherent platform of assistance for incipient competition regimes.
