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