Global Competition Law and Economics

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9781841134659: Global Competition Law and Economics
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Modern antitrust law is global antitrust law. Markets are becoming increasingly global, or at least multinational. Mergers between large corporations must typically get approval in both the United States and in the EU, and other nations too. Cartels in one nation affect supply in others, and countries are increasingly entering into treaties with each other about the content or enforcement of competition laws. Thus, businesspeople, lawyers, and lawmakers can no longer content themselves with understanding only the antitrust and competition law of their home country. Modern antitrust law also differs from traditional antitrust law in that it now reflects the dominance of the economic model of analysing antitrust and competition policy. Against this background, this new casebook represents the first comprehensive effort to examine US and EC competition law cases and decisions within a common analytical framework strongly based on economic theory. It is an innovative casebook addressed to all students, not only from the US and Europe, but also from all jurisdictions having competition laws, providing an in-depth analysis of the two major global antitrust regimes in the world, and a summary of the parallel antitrust laws elsewhere in the world. As such it will also serve as a useful reference for practitioners, competition officials, and policy-makers interested in competition law.

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This book is novel because it treats the U.S. antitrust regime as just one of several that have to be considered. My question is: What took so long? Free from the ideologically-driven perspective that can affect other antitrust casebooks, this is also the first casebook organized from inception with an eye directly on the global context. Each chapter places E.C. decisions alongside U.S. decisions. This allows students to learn the law of both regimes simultaneously, rather than learning one and then after the fact trying to absorb the other. As a result, this book may be used in a classroom in Europe just as it will be used in the U.S. The result is a highly welcome contribution to the evolution of competition studies. --Judge Douglas Ginsburg

I had great success using the galleys of Global Competition Law and Economics to teach Comparative Antitrust Law at the University of Haifa Law School during the summer of 2006, to both American and Israeli law students. This textbook is the only one on the market that is extremely well suited for use in a comparative antitrust law class. Astonishingly, even though knowledge of European competition law has been important for a United States antitrust lawyer for more than a decade, until now there was no single volume that bridged these fields comprehensively. Finally the market has filled this considerable gap by producing Global Competition Law and Economics. This is an extraordinarily teachable book that contains everything you might want to present in a comparative antitrust or comparative competition law class. It always contained exactly what I was looking for -both the similarities and the areas of greatest contrasts between the United States and the European systems. Moreover, it contains so much of each type of material that the instructor gets the pleasure of picking and choosing which of their favorite topics to cover. Both the law and the economics are extremely clearly and interestingly presented. It can be used equally well in a class for students who have never taken antitrust or competition law, or in an upper level class for students who already have taken a basic class in United States antitrust law or EU competition law and require more sophisticated material. It would be similarly valuable for antitrust lawyers who have an international practice. On behalf of comparative antitrust teachers everywhere please allow me to say - thank you. Finally, the comparative antitrust law book we have been waiting for has arrived Finally, the comparative antitrust field has a standard textbook to use. And a wonderful standard it is. --Robert H. Lande, Venable Professor of Law at University of Baltimore Law School

Synopsis:

Modern antitrust law is global antitrust law. Markets are becoming increasingly global, or at least multinational. Mergers between large corporations must typically get approval in both the United States and in the EU, for their activities often affect both markets. Cartels in one nation affect supply in others, and countries are increasingly entering into treaties with each other about the content or enforcement of competition laws. Thus, businesspeople, lawyers, and law-makers can no longer content themselves with understanding only the antitrust and competition law of their home country. Modern antitrust law also differs from traditional antitrust law in that it now reflects the dominance of the economic model of analyzing antitrust and competition policy. Against this background, this new casebook represents the first comprehensive effort to examine US and EC competition law cases and decisions within a common analytical framework strongly based on economic theory.

It is an innovative casebook addressed to all students, not only from the US and Europe, but also from all jurisdictions having competition laws, providing insights into the two major global antitrust regimes in the world.

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Publisher: Hart Publishing, 2011
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