Global Issues in Antitrust and Competition Law

ISBN-10: 0314183620
ISBN-13: 9780314183620
Edition: 2010
List price: $38.00
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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...

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Book details

List price: $38.00
Copyright year: 2010
Publisher: West Academic
Publication date: 6/3/2010
Binding: Paperback
Pages: 659
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 2.046
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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