International Harmonization Of Competition Laws

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International Harmonization of Competition Laws

Jiarui Cheng,Chia-Jui Cheng,Lawrence S. Liu,Chih-Kang Wang
International Harmonization of Competition Laws Book PDF

Author : Jiarui Cheng,Chia-Jui Cheng,Lawrence S. Liu,Chih-Kang Wang
Publisher : Martinus Nijhoff Publishers
Page : 512 pages
File Size : 48,9 Mb
Release : 1995-01-01
Category : Law
ISBN : 0792332792

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International Harmonization of Competition Laws by Jiarui Cheng,Chia-Jui Cheng,Lawrence S. Liu,Chih-Kang Wang Pdf

This collection of more than two dozen papers delivered to a symposium on International Harmonization of Competition Laws examines the policies and practices of competition laws in major industrial jurisdictions and emerging industrialized economies such as the host country of the Symposium, the Republic of China on Taiwan. World class scholars and leading enforcement officials contributed to this volume, which examines the difficult issues of harmonizing competition laws. In addition to enhancing the scholarship on a topic of great current interest after the Uruguay Round of GATT talks, the book also systematically examines topical issues in competition laws. It thus not only offers policy analysis, but also provides useful discussions of national and regional competition laws. A useful tool on comparative competition laws, this volume should be of great interest to academics, practitioners and enforcement officials around the world.

Harmonization of International Competition Laws: Pros and Cons

Jitendra Jain
Harmonization of International Competition Laws Pros and Cons Book PDF

Author : Jitendra Jain
Publisher : Anchor Academic Publishing (aap_verlag)
Page : 96 pages
File Size : 47,6 Mb
Release : 2013-06-01
Category : Political Science
ISBN : 9783954895434

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Harmonization of International Competition Laws: Pros and Cons by Jitendra Jain Pdf

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 initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future.

Limitations of International Competition Laws

Tobias Wagenführer
Limitations of International Competition Laws Book PDF

Author : Tobias Wagenführer
Publisher : GRIN Verlag
Page : 27 pages
File Size : 53,5 Mb
Release : 2011-11-03
Category : Law
ISBN : 9783656044161

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Limitations of International Competition Laws by Tobias Wagenführer Pdf

Research Paper (postgraduate) from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Queen's University, language: English, abstract: This paper uses a blend of empirical literature and real-life examples of merger approvals and rejections to derive limits of international Competition Laws (CL). I separate the detected problems in generic weaknesses that relate to the nature of CL itself from derivative weaknesses that harken back to shady regulation and disharmonies across the globe. Generic weaknesses encompass an unclear balance of power between Intellection Property (IP) Law and CL, the CL’s potentially slowing effect on innovation, the economically muddled rationale behind the law and the distortion of its enforcement due to the law’s historical evolution and differences in cultural values. Derivative weaknesses are mainly based on the creation of misleading incentives derived from conflicting CLs and their enforcement across the globe. The establishment of an international harmonization treaty could be discussed in one of the upcoming WTO rounds to reach an agreement about the mutually beneficial maximization of global welfare.

Limits and Control of Competition with a View to International Harmonization

Jurgen Basedow
Limits and Control of Competition with a View to International Harmonization Book PDF

Author : Jurgen Basedow
Publisher : Springer
Page : 0 pages
File Size : 53,7 Mb
Release : 2002-12-05
Category : Business & Economics
ISBN : 9041119671

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Limits and Control of Competition with a View to International Harmonization by Jurgen Basedow Pdf

Current global developments in antitrust display two chief characteristics. On the one hand, national legislation in this area has proliferated all over the world since the breakdown of the major socialist systems. Today, competition statutes are to be found in more than 80 countries and more than half of them took effect during the past decade. On the other hand, the broad discussion on future harmonization of national antitrust laws as well as on the pros and cons of an international antitrust code or agency has stimulated international cooperation and convergence at various levels. Both strands require profound legal analysis in order to further a deeper understanding of the diverse national competition statutes as well as to pave the way towards global standards for the protection of competition against restrictions. Such standards are viewed as an adequate response to the challenges posed by the globalization of markets. The present comparative study was conceived for the XVIth International Congress of Comparative Law held at Brisbane in July 2002, and it encompasses fifteen national and regional reports from selected countries. Major jurisdictions such as the United States, Australia and Japan are treated alongside with 'newcomers' in antitrust such as Argentina and Poland. Two regional reports covering the European Community and the MERCOSUR complete the picture. Finally, a comparative General Report allows insights into the structural and institutional particularities of the jurisdictions considered and analyzes the harmonization potential in central areas of antitrust.

Competition Laws in Conflict

Richard Allen Epstein,Michael S. Greve
Competition Laws in Conflict Book PDF

Author : Richard Allen Epstein,Michael S. Greve
Publisher : American Enterprise Institute
Page : 428 pages
File Size : 45,8 Mb
Release : 2004
Category : Business & Economics
ISBN : 0844742015

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Competition Laws in Conflict by Richard Allen Epstein,Michael S. Greve Pdf

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.

The Emerging Principles of International Competition Law

Chris Noonan
The Emerging Principles of International Competition Law Book PDF

Author : Chris Noonan
Publisher : Oxford University Press, USA
Page : 724 pages
File Size : 53,8 Mb
Release : 2008-01-17
Category : Business & Economics
ISBN : STANFORD:36105131793817

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The Emerging Principles of International Competition Law by Chris Noonan Pdf

As national competition laws proliferate and enforcement efforts increase, the international competition law system is increasingly beset with conflicts between States with competing interests. This book explores ways to reduce conflicts, contending that an international competition law system is evolving.

Harmonizing International Competition Policy: An Analysis of Costs and Benefits

Jitendra Jain
Harmonizing International Competition Policy An Analysis of Costs and Benefits Book PDF

Author : Jitendra Jain
Publisher : GRIN Verlag
Page : 99 pages
File Size : 40,6 Mb
Release : 2012-07-26
Category : Political Science
ISBN : 9783656244301

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Harmonizing International Competition Policy: An Analysis of Costs and Benefits by Jitendra Jain Pdf

Master's Thesis from the year 2007 in the subject Politics - Topic: Globalization, Political Economics, grade: 2.7, Ruhr-University of Bochum (European Competition Policy), course: MA (ECUE), language: English, abstract: 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 initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future.

Limitations of International Competition Laws

Tobias Wagenführer
Limitations of International Competition Laws Book PDF

Author : Tobias Wagenführer
Publisher : GRIN Verlag
Page : 53 pages
File Size : 44,6 Mb
Release : 2011-11-04
Category : Law
ISBN : 9783656044406

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Limitations of International Competition Laws by Tobias Wagenführer Pdf

Research Paper (postgraduate) from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Queen's University, language: English, abstract: This paper uses a blend of empirical literature and real-life examples of merger approvals and rejections to derive limits of international Competition Laws (CL). I separate the detected problems in generic weaknesses that relate to the nature of CL itself from derivative weaknesses that harken back to shady regulation and disharmonies across the globe. Generic weaknesses encompass an unclear balance of power between Intellection Property (IP) Law and CL, the CL's potentially slowing effect on innovation, the economically muddled rationale behind the law and the distortion of its enforcement due to the law's historical evolution and differences in cultural values. Derivative weaknesses are mainly based on the creation of misleading incentives derived from conflicting CLs and their enforcement across the globe. The establishment of an international harmonization treaty could be discussed in one of the upcoming WTO rounds to reach an agreement about the mutually beneficial maximization of global welfare.

International Competition Enforcement Law Between Cooperation and Convergence

Jörg Philipp Terhechte
International Competition Enforcement Law Between Cooperation and Convergence Book PDF

Author : Jörg Philipp Terhechte
Publisher : Springer Science & Business Media
Page : 96 pages
File Size : 40,9 Mb
Release : 2011-03-24
Category : Law
ISBN : 9783642171673

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International Competition Enforcement Law Between Cooperation and Convergence by Jörg Philipp Terhechte Pdf

The international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g. in comparable approaches to combating particularly harmful restraints (so-called "hardcore cartels"). However, the complex terrain of enforcement law has been mainly ignored up to date. Are there common approaches in this field as well? How are the various competition laws linked with each other in respect to procedural norms? This book conceptualizes "International Competition Enforcement Law" against the backdrop of these issues and at the level of comparative law. The ciphers "cooperation" and "convergence" will serve as the two principle ideas for this book.

Harmonisation of EU Competition Law Enforcement

Jurgita Malinauskaite
Harmonisation of EU Competition Law Enforcement Book PDF

Author : Jurgita Malinauskaite
Publisher : Springer Nature
Page : 280 pages
File Size : 55,8 Mb
Release : 2019-11-15
Category : Law
ISBN : 9783030302337

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Harmonisation of EU Competition Law Enforcement by Jurgita Malinauskaite Pdf

This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.

Competition Policy in the World Trade Organization

Arnulf Gressel
Competition Policy in the World Trade Organization Book PDF

Author : Arnulf Gressel
Publisher : GRIN Verlag
Page : 101 pages
File Size : 53,6 Mb
Release : 2007-08-24
Category : Electronic
ISBN : 9783638735308

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Competition Policy in the World Trade Organization by Arnulf Gressel Pdf

Diploma Thesis from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: 1,00, University of Salzburg (Völkerrecht), language: English, abstract: Die vorliegende Diplomarbeit behandelt das Problem der Regelung von Wettbewerbsfragen im Völkerrecht im allgemeinen und in der WTO im besonderen. In Kapitel 1 werden die wirtschaftlichen Hintergründe und unterschiedlichen Motive für staatliche wettbewerbsrechtliche Regelungen dargestellt. Kapitel 2 stellt verschiedene Tatbestände, die im Wettbewerbsrecht als regelungsbedürftig angesehen werden, vor (z.B. Kartelle, Missbrauch der marktbeherrschenden Stellung, etc.). Kapitel 3 beschreibt nationale Regelungsansätze des Wettbewerbsrechtes einschließlich bilateraler Kooperationsabkommen, die zur Durchsetzung nationaler Regelungen erforderlich sind. Besonderes Augenmerk wird auch auf die unterschiedlichen Rechtskulturen gelegt, die die nationalen Regelungen beeinflussen. Kapitel 4 stellt die bisherigen Regelungsansätze auf internationaler Ebene dar, wobei die auf regionaler Ebene verbindliches Recht darstellen, die auf universeller Ebene allerdings im Bereich des soft laws bleiben. Kapitel 5 und 6 stellen die Kernkapitel der Arbeit dar und befassen sich mit Wettbewerbsrecht im Rahmen der WTO. In Kapitel 5 werden bestehende wettbewernsrelevante Regelungen in der WTO dargestellt. Zunächst wird beschrieben, welche staatlichen Maßnahmen, die von der WTO Rechtsordnung erfasst sind, den Wettbewerb beeinflussen. In einem weiteren Schritt wird analysiert, welche WTO Regelungen Staaten verpflichten könnten, privates wettbewerbswidriges Handeln zu regulieren. Da die Regelungen der WTO grundsätzlich Verpflichtungen für Staaten enthalten, wettbewerbsrelevantes Verhalten aber von Unternehmen gesetzt werden, ist es notwendig, einen Zusammenhang zwischen dem Verhalten von Privaten und den staatlichen Verpflichtungen aus dem WTO Recht darzustellen. In Kapitel 6 wird schließlich die Diskussionen in

Competition Policy in the Global Economy

William S. Comanor,Akira Goto,Leonard Waverman
Competition Policy in the Global Economy Book PDF

Author : William S. Comanor,Akira Goto,Leonard Waverman
Publisher : Routledge
Page : 617 pages
File Size : 53,8 Mb
Release : 2005-10-26
Category : Business & Economics
ISBN : 9781134766390

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Competition Policy in the Global Economy by William S. Comanor,Akira Goto,Leonard Waverman Pdf

International agreements on competition law and policy are notoriously difficult to implement. This collection of essays examines the complexities involved when the issues of international co-ordination and harmonization of competition law and policy are considered.

International Harmonization of Competition Laws

Chia-Jui Cheng
International Harmonization of Competition Laws Book PDF

Author : Chia-Jui Cheng
Publisher : Martinus Nijhoff Publishers
Page : 503 pages
File Size : 42,7 Mb
Release : 2023-10-20
Category : Law
ISBN : 9789004640238

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International Harmonization of Competition Laws by Chia-Jui Cheng Pdf

This collection of more than two dozen papers delivered to a symposium on International Harmonization of Competition Laws examines the policies and practices of competition laws in major industrial jurisdictions and emerging industrialized economies such as the host country of the Symposium, the Republic of China on Taiwan. World class scholars and leading enforcement officials contributed to this volume, which examines the difficult issues of harmonizing competition laws. In addition to enhancing the scholarship on a topic of current interest after the Uruguay Round of GATT talks, the book also systematically examines topical issues in competition laws. It thus not only offers policy analysis, but also provides useful discussions of national and regional competition laws. A useful tool on comparative competition laws, this volume should be of interest to academics, practitioners and enforcement officials around the world.

International Harmonization of Economic Regulation

Junji Nakagawa
International Harmonization of Economic Regulation Book PDF

Author : Junji Nakagawa
Publisher : Unknown
Page : 409 pages
File Size : 51,9 Mb
Release : 2011
Category : Business & Economics
ISBN : 9780199604661

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International Harmonization of Economic Regulation by Junji Nakagawa Pdf

With the advancing globalization of the world economy, domestic economic regulations are becoming more and more subject to efforts at international harmonization. This book presents an analysis of this worldwide phenomenon from both a legal and a politico-economic perspective by focusing on (1) the backgrounds and objectives of international harmonization, (2) the negotiating processes involved, and (3) the impact of harmonization on domestic laws and their administration. International harmonization is discussed in a wide range of cases including trade-related regulations, technical standards and food safety standards, intellectual property rights, labour standards, competition law and policy, financial regulations, and regulations concerning transnational economic crime. Drawing on a wide range of materials and applying a unified analytical framework based on theoretical as well as practical observations, the book surveys this much debated topic in a comprehensive and accessible way. It thus contributes to a better understanding of both the chances and the challenges of globalization and global governance today.

Towards a European Unfair Competition Law

Rogier W. De Vrey
Towards a European Unfair Competition Law Book PDF

Author : Rogier W. De Vrey
Publisher : BRILL
Page : 399 pages
File Size : 45,6 Mb
Release : 2006
Category : Law
ISBN : 9789004150409

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Towards a European Unfair Competition Law by Rogier W. De Vrey Pdf

The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.