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 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.
Download or read book Building New Competition Law Regimes written by David Lewis and published by Edward Elgar Publishing. This book was released on 2013 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔNearly every important country now has a competition law. It is vital to understand the institutions that drive the operation of these laws. This excellent volume provides case studies of some of the more substantial new competition authorities written by former or current top agency officials and academics closely connected with those institutions. The book highlights the fact that whilst these institutions have certain features in common, they are very much shaped by the history and circumstances of their own countries and cultures, and that any serious prescription for them needs to balance those factors against the general economic doctrines that lie behind competition law around the world. Without that understanding, regulators and those dealing with them are likely to face failure. The book points to ways of resolving those problems.Õ Ð Allan Fels, The Australia and New Zealand School of Government (ANZSOG) This detailed book focuses on the development of competition law institutions and contains case studies that examine this against the backdrop of the debate around global convergence of competition law and the limits imposed by particular national circumstances. Five of the chapters examine the development of competition law regimes in a diverse range of countries: Mexico, Hungary, South Africa, Thailand (with comparative remarks on South Korea) and Zambia. The remaining chapters examine the role of multinational institutions, particularly the International Competition Network, and the practice of and potential for regional competition law arrangements. The majority of the authors are seasoned practitioners of competition law, all of whom acknowledge the importance of convergence, while simultaneously demonstrating the limits imposed by divergent national circumstances. This carefully edited collection is a companion volume to Enforcing Competition Rules in South Africa, an account of the development of competition law institutions in South Africa, authored by David Lewis and published by Edward Elgar. Building New Competition Law Regimes will be of particular benefit to scholars, teachers and practitioners of competition law. It will also be of interest to development studies scholars, teachers and practitioners and to specialists in the countries that are the subjects of the case studies.
Download or read book Global Competition Enforcement written by Paulo Burnier da Silveira and published by Kluwer Law International B.V.. This book was released on 2019-10-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Competition Enforcement New Players, New Challenges Edited by Paulo Burnier da Silveira & William Evan Kovacic In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries. The following aspects of the subject and more are examined in depth: the interface between antitrust and anti-corruption; the digital economy’s challenges to competition authorities; convergent aims and rules among different competition authorities; regional organizations with competition mandates; competition neutrality and state-owned enterprises; and leniency programmes. Although necessarily there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities in five continents including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions. Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations. Antitrust lawyers, corporate counsel and interested academics as well as policymakers will benefit immeasurably from this book’s wealth of informative detail.
Download or read book The Design of Competition Law Institutions written by Eleanor M Fox and published by OUP Oxford. This book was released on 2012-12-20 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition (or antitrust) law is national law. More than 120 jurisdictions have adopted their own competition law. Is there a need for convergence of the competition law systems of the world? Much effort has been devoted to nudging substantive law convergence in the absence of an international law of competition. But it is widely acknowledged that institutions play as great a role as substantive principles in the harmonious - or dissonant - application of the law. This book provides the first in depth study of the institutions of antitrust. It does so through a particular inquiry: Do the competition systems of the world embrace substantially the same process norms? Are global norms embedded in the institutional arrangements, however disparate? Delving deeply into their jurisdictions, the contributors illuminate the inner workings of the systems and expose the process norms embedded within. Case studies feature Australia/New Zealand, Canada, Chile, China, Japan, South Africa, the USA, and the European Union, as well as the four leading international institutions involved in competition: the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network; and the introductory and synthesizing chapter by the directors of the project draws also from the new institutional arrangements of Brazil and India. The book reveals that there are indeed common process norms across the very different systems; thus, this study is a counterpart to studies on convergence of substantive rules. The synthesizing chapter observes an emerging 'sympathy of systems' in which global process norms, along with substantive norms, play a critical role. The book provides benchmarks for the field and suggests possibilities for future development when the norms are embraced in aspiration but not yet in practice. It offers insights for all interested in competition law and global governance.
Download or read book The Economic Characteristics of Developing Jurisdictions written by Michal S. Gal and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is ongoing debate as to what competition law and policy is most suitable for developing jurisdictions. This book argues that the unique characteristics of developing jurisdictions matter when crafting and enforcing competition law and these shoul
Download or read book The Global Limits of Competition Law written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2012-06-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.
Download or read book The Political Economy of Competition Law in Asia written by Mark Williams and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This is a very timely book which provides an unprecedented analysis of the factors which have shaped the competition law systems of ten Asian countries and Australia. The comprehensive discussion from varying viewpoints against the backdrop of the significantly different environments within which the respective regimes have developed creates a framework for the comparative assessment of competition law systems elsewhere in the world.' Lutz-Christian Wolff, The Chinese University of Hong Kong 'New competition laws have been adopted throughout Asia in recent years, and some of the older laws have been significantly strengthened. This makes Asia a fascinating region in which to look at the political and economic circumstances of the countries in which such laws are to be found, and to consider the very different conditions that exist within them. This book will be an invaluable guide to anyone with an interest in the developing competition law regimes of this immensely important part of the world.' Richard Whish, King's College London, UK This detailed book describes and analyses the essential political economy features that provide the backdrop to the competition policies and competition law regimes of several of the most important Asian economies. The book also discusses the impact of these political economy influences in determining whether the adopted competition policy is effective. Each of the authors experts in their respective countries offer specific insights into the nature and structure of their competition regimes and discuss to what extent the varied political economy factors unique to that country help to determine whether and to what extent the established system promotes or hinders economic competition in that jurisdiction. Comprising wide coverage of Asian jurisdictions, including Australia, this book will strongly appeal to students and academics of law, politics, economics and economic development, policy makers in national governments, international agencies and competition authorities, as well as practicing competition lawyers and in-house counsel.
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 Comparative Competition Law written by John Duns and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Policy for the New Era written by Tembinkosi Bonakele and published by Oxford University Press. This book was released on 2017-12-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law has expanded to more than 100 jurisdictions worldwide with varying degrees of economic, social, and institutional development, raising important questions as to what is the appropriate design of competition law regimes and the interaction between competition law and economic development. This volume, comprising a selection of papers from the 4th BRICS International Competition Conference written by academic and practising economists and lawyers from both developed and developing countries, is distinctive in its focus on a broader view of competition policy in BRICS and developing countries. It examines the role competition, the application of broader public interest and national interest concerns in the analysis and influence on developing country competition authorities' policy-making. The contributors address topics such as: - a broad view of competition policy; - making markets work for the people as a post millennium development goal; - some key issues concerning the further development of China's antimonopoly law; - remedies in BRICS countries; - public interest issues in cross-border mergers; - crafting creative remedies in food markets in South Africa; - what are African competition authorities doing to fight cartels?; - successes and challenges in the fight against cartels; and the economics of antitrust sanctioning.
Download or read book Co Operating in the Development of Competition Law and Economics Academics in New Jurisdictions written by Christopher Townley and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter is devoted to understanding the difficulties faced by young competition law and economics academics (and those considering becoming competition academics) in new jurisdictions (in this chapter, New Academics). It also asks what can be done to help, in particular, those in poorer countries. New Academics face myriad difficulties in the developing world. They often include feelings of isolation, a lack of training (in both research and teaching), and limited infrastructure (there may be no broadband access, for example, and libraries can be sparse). So, it is often hard to persuade people to even consider academia as a career choice. It is even harder to generate interest in becoming a competition law and economics academic, partly because these disciplines are often unknown in new jurisdictions, which often means that there are few role models there. We want to help to develop research and teaching in competition law and economics in new jurisdictions. Promoting competition research should enable academics to translate the results of studies carried out elsewhere into their national contexts. We also hope that academics from developing countries will be able to come up with their own original research, which will benefit others as well. The laws developed in the West may be impossible to for new jurisdictions to enforce; but also they need different laws that address different goals. If this is true, greater efforts at translation are needed. In any event, this research should improve the insight into competition problems around the world, as well as feed directly into knowledge-based decision-making in the relevant country. This should bring with it pride and self-reliance, as well as better results. Improving the teaching in developing countries is important too. It gives these researchers a platform for testing and disseminating their ideas. This might be to help policy-makers to improve knowledge-based decision-making. It could also help to educate (future) lawyers, economists, competition authority officials, judges and civil society in general. This should mean that decisions are better and faster. This, in turn, should increase the benefits that competition can bring to these countries. This chapter is only the start of the conversation. It discusses the management and education literature dealing with the challenges of entering academia (or considering making this leap) in developing countries. This literature enriches the experience and comments of those present at the conference. However, one key weakness of our approach is that papers and experience are tied to specific countries, universities and people. This may limit the relevance of this chapter; discussion of development issues must take into account the people and context in issue. So, before we start, a health warning: more research is needed before we act. There is a history of unsuccessful intervention in this area. Failed schemes raise skepticism in the rich world which can, ultimately, undermine the appetite for trying to help; in the least developed countries, failure can shatter lives and undermine development for years to come.
Download or read book Competition Law written by John Charles Duns and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents extracts from the leading decisions made under the competition provisions of the Trade Practices Act 1974, and State application legislation, together with extracts from relevant Parliamentary Committees, Australian Competition and Consumer Commission publications and academic commentary.
Download or read book The Next Generation of Global Competition Law written by Spencer Weber Waller and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Soviet Union dissolved on December 26, 1991. This accelerated a trend toward both the development of market economies and competition law to protect those economies. No one could have predicted that within twenty years most of the world's trading economies would have adopted recognizable forms of competition law including the former nations of the Soviet Union, the centrally planned economies of Central and Eastern Europe, a host of transition economies in Africa, South America, and Asia, and such emerging economic giants as Brazil, China, and India. Bill Kovacic has played a key role in helping us move from the world of 1991 to the world of the present where over one hundred twenty jurisdictions have some recognizable form of competition law. This has been the one of the principal, but by no means the only, topic of his work as an academic, then as general counsel, commissioner, and chairman of the FTC, and now back in academia. Kovacic has studied competition systems around the world, advised many of them, traveled relentlessly to dozens of these jurisdictions, and represented the FTC in interacting with them in countless public and private fora for these same two decades. This essay focuses on the insights that Kovacic brought back from his travels and embodied in his scholarship. I also focus how his work has both documented and affected transition economies enacting and enforcing competition law for the first time, their advisers from more experienced jurisdictions, and the more mature competition jurisdictions themselves. Finally, I offer a brief outline of a research agenda to help evaluate how well both old and new jurisdictions have applied these insights over the past twenty years and suggestions for the next twenty years.
Download or read book Competition Law as Regulation written by ASCOLA. Workshop on Comparative Competition Law and published by Edward Elgar Publishing. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets.
Download or read book Competition Laws Outside the United States written by H. Stephen Harris and published by American Bar Association. This book was released on 2001 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Inspections written by Nathalie Jalabert-Doury and published by . This book was released on 2022-03-22 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nathalie Jalabert-Doury brings together distinguished practitioners from around the world to provide an in-depth analysis of the legal and practical aspects of competition inspections across 21 major jurisdictions. Each country chapter comprises a series of questions and answers outlining the legal basis and scope of powers under relevant local legislation, the key stages of a dawn raid, the rights and obligations of a company subject to an inspection, and the prospects of judicial review. Illuminated by the expertise of the authors, the chapters outline steps which should be taken to ensure that a. company facing an inspection may respond in an efficient manner while minimising legal risk. The book is a necessary and essential guide for both in-house and outside counsel to ensure that an effective internal response strategy is put in place before being confronted with an inspection. The jurisdictions covered include Austria, Brazil, Canada, China, the Czech Republic, the European Union, France, Germany, Hong Kong, India, Japan, Korea, the Netherlands, Russia, Singapore, Spain, Switzerland, Turkey, Ukraine, the United Kingdom, and the United States.
