The U. The projects for convergence, however, have tended to obscure some basic differences.
Each set of laws grows from its own roots and lives in its own "house" of institutions and value sets. Convergence is more apparent at the agency level, while distinctiveness is unmistakable at the level of the highest court of each jurisdiction. More than twenty-five years ago, there was a significant gap at the high court level between the U. Over this quarter century, EU law has moved toward more appreciation of outcome-focused economics while preserving other Community perspectives, values, and objectives. Nonetheless, perhaps surprisingly, the size of the gap remains approximately the same, due to the significant movement of U.
This article identifies precisely the points of divergence, in the interests of knowledge and awareness, while supporting the projects of convergence, in the interests of nurturing a sympathy of systems. An essay is presented on the standards, discretion, and transparency of the rule of the rule of law and the application of the rule of law to antitrust or competition law. Topics discussed include the law of the U. S and the law of the European Union regarding the conduct of a dominant firm, a law against monopolization in the U.
S or abuse of dominance in the European Union and merger antitrust cases. It also mentions cartel law. This Essay argues that the U.
About the Book :
The Essay begins with a historical description of goals; it proceeds to question the question: What are the goals? It then identifies the real debate. A conference paper on the insights of professor Joseph Brodley on the antitrust law is presented. It discusses that Brodley noted that the most used term in modern antitrust analysis is consumer welfare.
It highlights that Brodley has always been interested on the workability and implementation of the antitrust law. It mentions that Brodley wrote that firms need to penetrate the most competitive markets and cater the most demanding customers to attain international competitive advantage. The International Competition Network is one of the several new transnational networks of specialized government officials.
Unlike some others, this network is not intended to be a new form of governance. It has no secretariat, no land address, and notionally no power. It is intended to bring together antitrust authorities of the world to share ideas and knowhow, cross-fertilize, give support especially to younger agencies in developing countries, and work towards better, common antitrust process and principles.
This article describes the creation and evolution of the International Competition Network. It describes its work and work product. It then assesses its effectiveness, legitimacy and sufficiency. It asks how the ICN can be effective if it has no power. Then it asks whether, in spite of its charter principle, the ICN has power or influence, and, to the extent it does, what are the implications for inclusiveness, transparency and governance within the ICN?
China's legislators are debating the enactment of an anti-monopoly law. The pending draft legislation would prohibit abuse of administrative monopoly. Administrative abuses are provincial and local measures that discriminate against and burden goods and services from other provinces and localities. State-owned monopolies would apparently be covered by the law except in regulated industries. Most nations deal with abusive government restraints and abusive private restraints by different instruments of law.
This essay demonstrates, however, the integral nature of public and private protectionist restraints.
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- A Framework for the Design and Implementation of Competition Law and Policy - OECD.
It argues that a Chinese effort to address administrative economic abuses in its competition law would be progressive and helpful to the Chinese economy, especially in the absence of a Chinese "Commerce Clause. SOEs and provincial and local protectionist restraints are among China's most significant obstacles to realizing the benefits of markets. This article examines Microsofts offense in withholding full information to its workgroup server operating systems rivals so that they could not interoperate with Microsofts systems as seamlessly as Microsoft could.
It argues that the Court should have resorted to concept rather than factors principles rather than rules to define exceptionality, and that, doing so, it might have reached the same outcome, but in a more principled way. The article concludes, however, that the duty-to-deal outcome in Microsoft is not the only logical one; indeed, where a court ends is a function of where it begins.
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Antitrust law is a multi-faceted discipline. It guards against certain creations and misuses of economic power. It facilitates the functioning of markets. Sometimes it pries open closed markets, wresting them from public and crony control. In some jurisdictions it empowers David to compete against Goliath.
In others, it shields David from being trampled by Goliath. In matters of antitrust, protection of the weak from the powerful is a refrain most loudly heard in connection with the asserted needs of developing countries.
A framework for the design and implementation of competition law and policy in SearchWorks catalog
Meanwhile, in developed countries, it is often insisted that anti- trust is only. Furthermore, it argues that the GATS antitrust obligation in the telecommunications sector should be acknowledged as occupying an important place at the intersection of trade, competition and industrial policies. Antitrust law is the other side of the coin of liberal trade law.
Antitrust law opens markets by prohibiting private and other commercial restraints, while trade law opens markets by prohibiting public restraints. Before Mexican telecom, no legal discipline was regarded as copious or flexible enough to address combined public and private restraints. In particular, nations were allowed free rein to privilege national champions that harmed competition in and out of their country, imposing costs on outsiders as well as on their own people.
A positive reading of the antitrust clause helps to fill the gap.
This Essay examines both the U. Describe the connection issue. SearchWorks Catalog Stanford Libraries. A framework for the design and implementation of competition law and policy. Imprint Washington, D. Physical description x, p. Online Available online. Full view. Law Library Crown. F73 Unknown. More options.
Find it at other libraries via WorldCat Limited preview. Contributor Khemani, R. World Bank. Bibliography Includes bibliographical references. Summary A dynamic and competitive environment, underpinned by competition law policy, is an essential characteristic of successful market economies.
mag.undergroundtelaviv.com/35-zithromax-e-chloroquine.php To satisfy the growing demand for information on current approaches and practices in competition law policy, the project "Framework for the Design and Implementation of Competition Law-Policy" was initiated by the World Bank, with participation by OECD. This ensuing volume reflects the main issues that arise in design and implementation of competition law and policy in order to assist countries in developing an approach that suits their own needs and conditions.
The views articulated in this publication suggest that the administration and enforcement of competition law policy should assign the greatest importance to fostering economic efficiency and consumer welfare.