Building New Competition Law Regimes

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Building New Competition Law Regimes

Author : David Lewis
Publisher : Edward Elgar Publishing
Page : 227 pages
File Size : 40,9 Mb
Release : 2013
Category : Law
ISBN : 9781781953730

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Building New Competition Law Regimes by David Lewis Pdf

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.

New Competition Jurisdictions

Author : Richard Whish,Christopher Townley
Publisher : Edward Elgar Publishing
Page : 369 pages
File Size : 50,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857939524

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New Competition Jurisdictions by Richard Whish,Christopher Townley Pdf

'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.

Competition Rules for the 21st Century

Author : Ky Ewing,Ky P. Ewing
Publisher : Kluwer Law International B.V.
Page : 762 pages
File Size : 53,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124777

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Competition Rules for the 21st Century by Ky Ewing,Ky P. Ewing Pdf

Ky Ewingand’s 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 and‘lowand’ and and‘fairand’ 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.

Competition Policy and Regional Integration in Developing Countries

Author : Josef Drexl
Publisher : Edward Elgar Publishing
Page : 349 pages
File Size : 42,7 Mb
Release : 2012-01-01
Category : Business & Economics
ISBN : 9781781004319

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Competition Policy and Regional Integration in Developing Countries by Josef Drexl Pdf

'This wonderful volume offers a timely and important look at competition policy where it is changing the most – developing countries pursuing regional agreements. It provides superb analytical discussions of the impact of regional competition policy integration, why developing states have pursued this strategy, and the extent to which it is meeting their needs. the editors have assembled a superb roster of experts, so it is not a surprise that the book recommendations are insightful, and deserving of attention from policy makers.' – Andrew Guzman, Berkeley Law School, US This book presents a detailed study of the interface between regional integration and competition policies of selected regional trade agreements (RTAs), and the potential of regional competition laws to help developing countries achieve their development goals. the book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and also help developing countries to fully enjoy the benefits deriving from a regional market. Bringing together analysis from well-known scholars in the developed world with practical insight from scholars in countries hoping to exploit the potential of competition law, this book will appeal to academics working in the field of competition law, practitioners, policy makers and officials from developing countries, as well as those in development organizations such as UNCTAD.

Competition Law in Developing Countries

Author : Thomas K. Cheng
Publisher : Oxford University Press, USA
Page : 609 pages
File Size : 46,8 Mb
Release : 2020-05-28
Category : Law
ISBN : 9780198862697

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Competition Law in Developing Countries by Thomas K. Cheng Pdf

This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries. The book proposes a customized approach to competition law enforcement for developing countries, set against the background of the academic and policy debate concerning convergence of competition law. The implicit premise of convergence is that there may exist one, or a few, correct approaches to competition law enforcement, which in most cases emanate from developed jurisdictions, that are applicable to all. This book rejects this assumption and argues that developing countries ought to tailor competition law enforcement to their own economic and political circumstances. In particular, it suggests how competition law enforcement can better incorporate development concerns without causing undue dilution of its traditional focus on protecting consumer welfare. It proposes ways in which approaches to competition law enforcement need to be adjusted to reflect the special economic characteristics of developing country economies and the more limited enforcement capacity of developing country competition authorities. Finally, it also addresses the long-running debate concerning the desirability and viability of industrial policy for developing countries. The author would like to acknowledge the Research Grants Council of Hong Kong for its generous support. The work in this book was fully supported by a grant from the Research Grants Council of Hong Kong (Project No. HKU 742412H).

Competition Law in the ASEAN Countries

Author : Ploykaew Porananond
Publisher : Kluwer Law International B.V.
Page : 218 pages
File Size : 53,6 Mb
Release : 2018-06-22
Category : Law
ISBN : 9789041191229

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Competition Law in the ASEAN Countries by Ploykaew Porananond Pdf

Amongst other regional organisations, the Association of Southeast Asian Nations (ASEAN) stands out for the diversity of its ten Member States, stemming from their respective economic and political heritage, governance systems, legal institutions, stages of economic development, and exposure to or reliance on foreign trade and investments. As of 2017, however, the regional bloc has formalised its focus on economic integration and development of a regional competition law. Challenging this vision are the States’ very different national competition law systems, ongoing problems with governmental intervention in the economy, and lack of effective and efficient corruption-free regulatory and juridical infrastructure. This book, the first detailed analysis of competition law in the ASEAN countries, looks at the prospects of implementation for the regional law and compares the existing systems in each Member State. Opening with a thorough description of the composition and organisation of the ASEAN, the analysis proceeds to an in-depth evaluation of such aspects as the following: – persistence of the ASEAN’s traditional mode of dispute resolution, often referred to as the ASEAN Way; – economic challenges posed by intra-regional growth and globalisation; – the strong relationship between the business and government sectors; and – governmental interventions as cultural practices. There is detailed reference throughout to case law, legislation, institutional announcements, relevant treaties, and literature on both the ASEAN and competition law. As an important critical analysis of this major new regional competition law regime, this book will be welcomed by competition law practitioners, multinational corporation counsel, and jurists, officials, and academics in a variety of legal fields. Although the subject is specifically the ASEAN, the analysis contributes to a better understanding of competition law regimes in developing economies and to the more general literature on global competition law.

Leniency in Asian Competition Law

Author : Steven Van Uytsel,Mark Fenwick,Yoshiteru Uemura
Publisher : Cambridge University Press
Page : 485 pages
File Size : 44,8 Mb
Release : 2022-09-22
Category : Law
ISBN : 9781009183680

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Leniency in Asian Competition Law by Steven Van Uytsel,Mark Fenwick,Yoshiteru Uemura Pdf

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision – deliberate or otherwise – not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.

The More Economic Approach to EU Antitrust Law

Author : Anne C Witt
Publisher : Bloomsbury Publishing
Page : 375 pages
File Size : 44,8 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781509909223

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The More Economic Approach to EU Antitrust Law by Anne C Witt Pdf

In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

Competition Law and Antitrust

Author : David J. Gerber
Publisher : Oxford University Press, USA
Page : 209 pages
File Size : 50,9 Mb
Release : 2020-08-27
Category : Law
ISBN : 9780198727477

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Competition Law and Antitrust by David J. Gerber Pdf

Competition law now affects virtually all aspects of economic life in many parts of the world. This book provides an overview of competition law's substantive content and methods as well as an analysis of its dynamics. It is a critical tool for anyone dealing with competition law.

Non-Competition Interests in EU Antitrust Law

Author : Or Brook
Publisher : Cambridge University Press
Page : 573 pages
File Size : 49,6 Mb
Release : 2022-07-28
Category : Law
ISBN : 9781108837606

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Non-Competition Interests in EU Antitrust Law by Or Brook Pdf

This book is the first to empirically study the role of non-competition interests in Article 101 TFEU enforcement.

Competition Policy for the New Era

Author : Tembinkosi Bonakele,Eleanor Fox,Liberty Mncube
Publisher : Oxford University Press
Page : 304 pages
File Size : 40,8 Mb
Release : 2017-12-01
Category : Law
ISBN : 9780192538710

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Competition Policy for the New Era by Tembinkosi Bonakele,Eleanor Fox,Liberty Mncube Pdf

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.

Competition Law of Canada

Author : Calvin S. Goldman,J. D. Bodrug
Publisher : Juris Publishing, Inc.
Page : 1264 pages
File Size : 42,6 Mb
Release : 2013-12-01
Category : Business & Economics
ISBN : 9781578230969

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Competition Law of Canada by Calvin S. Goldman,J. D. Bodrug Pdf

Written by leading members of the Competition Practice Groups of Davies Ward Phillps & Vineberg LLP and Blake Cassels & Graydon LLP, Competition Law of Canada is the definitive work on the subject and is recognized by the Canadian legal Expert Directory 2002 as most frequently cited as the leading loose leaf service on Canadian competiton law. Organized in a logical, easily accessible format, this work provides comprehensive analysis, historical perspective and practical examination of Canadian competition law. All the major areas of competition law are examined in individual detailed chapters.

Populism and Antitrust

Author : Maciej Bernatt
Publisher : Cambridge University Press
Page : 275 pages
File Size : 40,7 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781108482837

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Populism and Antitrust by Maciej Bernatt Pdf

Populism and Antitrust examines the influence of populism on competition law and shows how populism can lead to illiberal changes.

European Competition Law Annual 2013

Author : Philip Lowe,Mel Marquis,Giorgio Monti
Publisher : Bloomsbury Publishing
Page : 616 pages
File Size : 41,7 Mb
Release : 2016-04-21
Category : Law
ISBN : 9781509900480

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European Competition Law Annual 2013 by Philip Lowe,Mel Marquis,Giorgio Monti Pdf

This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

China, East Asia and the European Union

Author : Anonim
Publisher : BRILL
Page : 320 pages
File Size : 50,7 Mb
Release : 2016-11-21
Category : Social Science
ISBN : 9789004291430

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China, East Asia and the European Union by Anonim Pdf

In China, East Asia and the European Union, specialist authors from both Europe and Asia reflect on the dynamic relationship between the three actors from an International Relations disciplinary perspective.