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    Global Issues in Antitrust and Competition Law

    ISBN-10: 0314183620
    ISBN-13: 9780314183620
    Author(s): Eleanor M. Fox, Daniel A. Crane
    Description: This title covers international and comparative issues of antitrust law, economics and policy. It may be used to enrich US antitrust casebooks or as a stand-alone for courses on global antitrust. It addresses all major issues of competition law and  More...
    Buy it from: $60.84
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    Publisher: West Academic
    Binding: Paperback
    Pages: 659
    Size: 6.00" wide x 9.00" long x 1.00" tall
    Weight: 2.332
    Language: English

    This title covers international and comparative issues of antitrust law, economics and policy. It may be used to enrich US antitrust casebooks or as a stand-alone for courses on global antitrust. It addresses all major issues of competition law and global competition policy, including extraterritoriality; global norms; cooperation, convergence and divergence; the state?s role in restraining or facilitating competition; process and procedures; and substantive areas including cartels, horizontal and vertical agreements, abuse of dominance, and mergers. It compares developed and developing jurisdictions. It references numerous jurisdictions including the EU, China, Japan, India, Russia, South Africa, Tanzania, Zimbabwe, and Latin American countries.

    Daniel A. Crane is a law professor at the University of Michigan, where he teaches contracts, antitrust, and antitrust and intellectual property. His scholarship has focused primarily on antitrust and economic regulation, particularly the institutional structure of antitrust enforcement, predatory pricing, bundling, and the antitrust implications of various patent practices. His work has appeared in the University of Chicago Law Review , the Texas Law Review , California Law Review , the Michigan Law Review , the Cornell Law Review , and the Minnesota Law Review , among other journals. He is the co-editor (with Eleanor Fox) of the Antitrust Stories volume of Foundation Press's Law Stories series.

    Foreword
    Table of Cases
    Cartels
    Introduction
    Law and Attitude towards Cartels
    Proof of a Cartel Agreement
    Quinine
    ACF Chemiefarma v. Commission (Quinine)
    Wood Pulp
    �hl�tr�m Osakeyhti� v. Commission (Wood Pulp)
    Are Effects Necessary?
    Crisis Cartels
    Competition Authority v. Beef Industry Development Society Ltd
    Foreign Government Action or Involvement: A Defense?
    US Agency Guidelines
    Antitrust Enforcement Guidelines for International Operations, US Department of Justice and FTC 1995
    US Caselaw
    Act of State, Foreign Sovereign Compulsion, Comity
    In re Vitamin C Antitrust Litigation
    OPEC
    Prewitt Enterprises, Inc. v. Organization of the Petroleum Exporting Countries
    Refined Petroleum Products Antitrust Litigation
    NOPEC (Introduced in Senate)
    Cooperation, Convergence, and Cross-Fertilization in International Cartel Enforcement
    The Evolution of Criminal Antitrust Enforcement over the Last Two Decades
    Monopolies and Abuse of Dominance
    Introduction
    Exploitative Offenses
    Excessive Pricing
    The Competition Tribunal of South Africa
    Harmony Gold Mining Company Ltd v. Mittal Steel Corp
    In the Competition Appeal Court of South Africa
    Mittal Steel South Africa v. Harmony Gold Mining
    Discriminatory Pricing
    In the Matter between Nationwide Poles and Sasol (Oil) Ltd
    Exclusionary Offenses
    Predatory Pricing
    AKZO Chemie BV v. Commission
    High Court of Australia
    Boral Besser Masonry Limited v. Australian Competition and Consumer Commission
    Refusals to Deal
    IMS Health GmbH & Co. and NDC Health GmbH & Co
    Microsoft Corp. v. Commission
    Margin Squeezes
    Deutsche Telekom AG v. Commission
    Loyalty Clauses and Exclusive Dealing
    Commission v. Intel Corp
    Patent Ambush
    Collaborations of Competitors Other Than Cartels
    Introduction
    Loose Collaborations
    Note on John Deere Ltd. v. Commission
    Asnef-Equifax v. Asociaci�n De Usuarios De Servicios Bancarios (AUSBANC)
    Note on Polygram Holding, Inc. v. FTC
    Learned Professions
    Wouters ET Cie
    Collaborations in the New Economy
    Pharmaceuticals
    Credit Cards
    The Internet
    Standard-Setting Organizations and Related Patent Practices
    Joint Ventures
    Substantive Rules and Analysis
    European Night Services v. Commission
    Procedural Rules
    Vertical Restraints
    Introduction
    European Union
    Introduction
    Territorial Restraints, Parallel Imports and Exports, and Dual Pricing
    Consten and Grundig
    Consten and Grundig v. Commission
    Volkswagen AG v. Commission
    GlaxoSmithKline Services Unlimited v. Commission, CFI
    GlaxoSmithKline Services Unlimited v. Commission, ECJ
    Sot. Lelos Kai Sia EE v. GlaxoSmithKline AEVE
    Resale Price Maintenance
    European Commission Guidelines on Vertical Restraints
    Tying and Exclusive Dealing
    Stergios Delimitis v. Henninger Br�u AG
    Sch�ller Lebensmittel v. Commission
    Block Exemptions and Guidelines
    Vertical (Distribution and Supply) Block Exemption and Guidelines
    Block Exemption
    Guidelines on Vertical Restraints
    Motor Vehicle Block Exemption and Guidelines
    Technology Transfer Licensing Block Exemption and Guidelines
    Japan and Korea
    Japan
    Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act
    Korea
    Developing Countries: Special Concerns
    Qaqaya and Lipimile, in the Effects of Anti-Competitive Business Practices on Developing Countries and Their Development Prospects (UNCTAD 2008)
    Mergers
    Introduction
    Domestic Issues in Analysis of Transborder Mergers
    Market Definition, and Deciding What Sales and What Firms Are in the Market
    Effects Beyond Borders
    Public Interest Issues in the United States
    National champions and antitrust
    Boeing Company/McDonnell Douglas Corporation
    Jobs, buy national, and antitrust
    Note on Wal-mart Stores, Inc. v. Rodriguez
    Executive and legislative measures that trump anti-trust
    Comparative Issues
    Substantive
    Market definition
    Standard of violation
    Airtours v. Commission
    Treatment of efficiencies
    ICN recommended practices for merger analysis
    Public Interest Defenses and Concerns
    Cooperation and Conflict
    Convergence on Pre-Merger Notification and Process
    Cooperation in Vetting Mergers of Common Interest
    Conflict
    General Electric/Honeywell
    Gencor/Lonrho
    Resolution of Conflict
    The State
    Introduction
    Advocacy
    Abuse of Dominance by State-Owned Enterprise
    Ports Cases
    Merci Convenzionali Porto Di Genova u. Siderurgica Gabrielli
    Port of R�dby
    State Privilege or License; Limits to Exclusivity
    H�fner v. Macrotron GmbH
    State Measures That Restrict Competition or Facilitate private Restrictions
    State Measures-State Responsibility
    Consorzio Industrie Fiammiferi (Italian matches)
    State Measures That Restrict Competition or Facilitate Private Restrictions-Continued
    Slovakian Postal Legislation Relating to Hybrid Mail Services
    Regulation of the Professions
    Cipolla v. Fazari and Macrino v. Meloni
    Private Responsibility and the State Action Defense
    Commission and France v. Ladbroke Racing Ltd
    Consorzio Industrie Fiammiferi (Italian matches)
    State Aids
    Introduction
    State Aid Policy
    Report on Competition Policy (2006)
    Report on Competition Policy (2008)
    State Aid in Time of Financial Crisis
    Competition Law in an Economic Crisis
    Antitrust and State Aid Control-The Lessons Learned
    The Relationship between Regulation and Competition
    Hybrid State and Private Restraints-The WTO
    Mexican Telecoms
    Enforcement: Systems and Institutions
    Introduction
    Public Enforcement Models
    Specialized Antitrust Courts
    Federalism and Enforcement by Multiple Sovereigns
    Division of Authority
    Competition Law Preemption of Anticompetive Local Regulations
    Private Enforcement
    European Commission White Paper
    Criminal Enforcement
    Justifications for Criminal Enforcement
    Leniency
    Double Jeopardy and Extradition
    Merger Enforcement
    Extraterritoriality and Jurisdiction Over International Behavior
    Introduction
    The Effects Test and Comity Concerns
    �hlstr�m Osakeyhti� v. Commission (Wood Pulp)
    Hartford Fire Ins. Co. v. California
    The Effects Test and Comity Concerns-Continued: Amicus curiae briefs in F. Hoffmann-La Roche Ltd. v. Empagran S.A
    F. Hoffmann-La Roche Ltd. v. Empagran S.A.
    Frontiers of Antitrust Jurisdiction
    Alien Tort Claims Act and Customary International Law
    Trying to Outflank Empagran
    Global Governance
    Introduction
    The UNCTAD Set of Principles
    The Set of Multilaterally Agreed Equitable Control of Restrictive Business Practices (UNCTAD 1980)
    Bilateral Cooperation Agreements
    US/EU Antitrust Cooperation Agreement of 1991
    USIEU Antitrust Cooperation Agreement of 1998
    Regional Cooperation: Developing Countries, Small Jurisdictions, and Other Cooperations
    Introduction
    Hurdles and Opportunities: Small and Developing Countries
    Excerpts from a Sample Law
    Economic Community of West African States
    The North American Free Trade Agreement
    Other Regional Cooperations: Examples
    Asia Pacific Economic Cooperation (APEC)
    The BRIC Countries
    The Van Miert Report and the Debate on Competition in the WTO
    The Doha Declaration
    Doha Ministerial Declaration
    The OECD Hard Core Cartel Recommendation
    ICPAC (International Competition Policy Advisory Committee)
    ICN (International Competition Network)
    Appendices: Excerpts from Treaties and Statutes
    European Union, Treaties, selected provisions
    European Union: Council Regulation No. 1/2003 on the implementation of the rules on competition
    United States statutes, selected provisions
    The Sherman Antitrust Act
    The Clayton Act
    Webb-Pomerene Act (Export Trade Act)
    Export Trading Company Act of 1982
    Index

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