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This collection of more than two dozen papers delivered to a symposium on International Harmonization of Competition Laws examines the policies and practices of competition laws in major industrial jurisdictions and emerging industrialized economies such as the host country of the Symposium, the Republic of China on Taiwan. World class scholars and leading enforcement officials contributed to this volume, which examines the difficult issues of harmonizing competition laws. In addition to enhancing the scholarship on a topic of current interest after the Uruguay Round of GATT talks, the book also systematically examines topical issues in competition laws. It thus not only offers policy analysis, but also provides useful discussions of national and regional competition laws. A useful tool on comparative competition laws, this volume should be of interest to academics, practitioners and enforcement officials around the world.
Book Synopsis International Harmonization of Competition Laws by : Chia-Jui Cheng
Download or read book International Harmonization of Competition Laws written by Chia-Jui Cheng and published by Martinus Nijhoff Publishers. This book was released on 2023-10-20 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of more than two dozen papers delivered to a symposium on International Harmonization of Competition Laws examines the policies and practices of competition laws in major industrial jurisdictions and emerging industrialized economies such as the host country of the Symposium, the Republic of China on Taiwan. World class scholars and leading enforcement officials contributed to this volume, which examines the difficult issues of harmonizing competition laws. In addition to enhancing the scholarship on a topic of current interest after the Uruguay Round of GATT talks, the book also systematically examines topical issues in competition laws. It thus not only offers policy analysis, but also provides useful discussions of national and regional competition laws. A useful tool on comparative competition laws, this volume should be of interest to academics, practitioners and enforcement officials around the world.
Since the failure of the Havana Charter in 1947 till the success of the combined efforts of leading antitrust authorities against mighty Microsoft, the antitrust regime has witnessed several ups and downs. Auf jeden Fall the journey was not an easy one. Moreover now antitrust regime is standing at international crossroads and is wondering about its future direction. Today, at this crucial juncture the antitrust world is confronted with several dilemmas simultaneously. Choices are to be made between national welfare or global welfare, national autonomy or global regulations, the efficiency factor or the fairness view, national champions or global champions, collective efficiency or collective inefficiency, WTO or ICN, the US model or the EU model and so on. It is widely believed among experts that to overcome these dilemmas, the world needs some truly unified international antitrust framework, which would enable the international community to achieve optimal product mix incorporating the best from all options and through such optimal product mix the global community can enjoy to a large extent advantages that competition policy has to offer. In this direction I have examined the feasibility and viability of unifying international competition policy in this work. Additionally, as the title suggests I have listed out advantages and disadvantages of such moves. Efforts for harmonization of competition laws began as early as in 1948. Till date there are several binding and non-binding arrangements made in the direction of harmonization. The WTO and the EU for effective coordination in antitrust area have launched recently new initiatives. International Competition Network, a forum for active interaction among antitrust officials, even though non-binding in nature is doing considerably good work. I believe such confidence building initiatives among nations would help in arriving at some amicable solutions, agreeable to all nations. Chapter 8 focuses on various such initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future.
Book Synopsis Harmonization of International Competition Laws: Pros and Cons by : Jitendra Jain
Download or read book Harmonization of International Competition Laws: Pros and Cons written by Jitendra Jain and published by Anchor Academic Publishing (aap_verlag). This book was released on 2013-06-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the failure of the Havana Charter in 1947 till the success of the combined efforts of leading antitrust authorities against mighty Microsoft, the antitrust regime has witnessed several ups and downs. Auf jeden Fall the journey was not an easy one. Moreover now antitrust regime is standing at international crossroads and is wondering about its future direction. Today, at this crucial juncture the antitrust world is confronted with several dilemmas simultaneously. Choices are to be made between national welfare or global welfare, national autonomy or global regulations, the efficiency factor or the fairness view, national champions or global champions, collective efficiency or collective inefficiency, WTO or ICN, the US model or the EU model and so on. It is widely believed among experts that to overcome these dilemmas, the world needs some truly unified international antitrust framework, which would enable the international community to achieve optimal product mix incorporating the best from all options and through such optimal product mix the global community can enjoy to a large extent advantages that competition policy has to offer. In this direction I have examined the feasibility and viability of unifying international competition policy in this work. Additionally, as the title suggests I have listed out advantages and disadvantages of such moves. Efforts for harmonization of competition laws began as early as in 1948. Till date there are several binding and non-binding arrangements made in the direction of harmonization. The WTO and the EU for effective coordination in antitrust area have launched recently new initiatives. International Competition Network, a forum for active interaction among antitrust officials, even though non-binding in nature is doing considerably good work. I believe such confidence building initiatives among nations would help in arriving at some amicable solutions, agreeable to all nations. Chapter 8 focuses on various such initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future.
Research Paper (postgraduate) from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Queen's University, language: English, abstract: This paper uses a blend of empirical literature and real-life examples of merger approvals and rejections to derive limits of international Competition Laws (CL). I separate the detected problems in generic weaknesses that relate to the nature of CL itself from derivative weaknesses that harken back to shady regulation and disharmonies across the globe. Generic weaknesses encompass an unclear balance of power between Intellection Property (IP) Law and CL, the CL’s potentially slowing effect on innovation, the economically muddled rationale behind the law and the distortion of its enforcement due to the law’s historical evolution and differences in cultural values. Derivative weaknesses are mainly based on the creation of misleading incentives derived from conflicting CLs and their enforcement across the globe. The establishment of an international harmonization treaty could be discussed in one of the upcoming WTO rounds to reach an agreement about the mutually beneficial maximization of global welfare.
Book Synopsis Limitations of International Competition Laws by : Tobias Wagenführer
Download or read book Limitations of International Competition Laws written by Tobias Wagenführer and published by GRIN Verlag. This book was released on 2011-11-03 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Queen's University, language: English, abstract: This paper uses a blend of empirical literature and real-life examples of merger approvals and rejections to derive limits of international Competition Laws (CL). I separate the detected problems in generic weaknesses that relate to the nature of CL itself from derivative weaknesses that harken back to shady regulation and disharmonies across the globe. Generic weaknesses encompass an unclear balance of power between Intellection Property (IP) Law and CL, the CL’s potentially slowing effect on innovation, the economically muddled rationale behind the law and the distortion of its enforcement due to the law’s historical evolution and differences in cultural values. Derivative weaknesses are mainly based on the creation of misleading incentives derived from conflicting CLs and their enforcement across the globe. The establishment of an international harmonization treaty could be discussed in one of the upcoming WTO rounds to reach an agreement about the mutually beneficial maximization of global welfare.
Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.
Book Synopsis Competition Laws in Conflict by : Richard Allen Epstein
Download or read book Competition Laws in Conflict written by Richard Allen Epstein and published by American Enterprise Institute. This book was released on 2004 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.
The article, written jointly by a law professor and political science professor, endeavors to explain why the United States is particularly resistant to various efforts at international harmonization of antitrust law. While others have wrangled with this question over the years, none has assessed the question from within the broader political framework in which all relations between nations exist. Our article endeavors to fill this intellectual gap. Existing efforts to describe or explain the lack of international harmonization have generally focused on the direct economic effects, and the narrow political difficulties, of the harmonization of competition laws through certain international mechanisms, most notably the WTO and the OECD. Largely absent in these accounts is a background theory of international politics against which the practicalities - and the ultimate desirability - of international competition law harmonization can be assessed. Our article presents such a theory. It places the conflict over international competition laws within the larger framework of international relations, and in so doing draws out some novel and important implications of the debate. An important insight of this Article is that, largely independent of the economic calculus regarding the costs and benefits of entering into a multilateral international antitrust agreement, there is an inherent “transaction benefit” in the act of engaging in political exchange between states. Traditional economic and legal analyses of international relations have focused largely on the choice of organizational form (market exchange (no explicit agreement) versus bilateral versus multilateral institutions) and the likelihood and nature of compliance with each type in the absence of a central enforcement authority. By contrast, we strive here to develop a political theory of international law which accounts on the one hand for the costs of entering into international agreements, but also accounts for the state's political preference for a specific form of agreement. The novel implication of this understanding is that, by crafting international agreements in which the other parties are made to alter their domestic institutions as a condition of agreement, the dominant state (here, the United States) receives a credible commitment from the other state as to its willingness to adhere to the terms of the specific agreement under negotiation which, in the absence of centralized enforcement, might not otherwise be forthcoming. Additionally, the alteration of domestic institutions in a manner directed by the dominant state will in and of itself be viewed as a benefit of the agreement. By facilitating domestic normative change, the dominant state will gain a measure of transformative power from the change of domestic institutions. As a result, nations derive political benefits from international agreements in a way that transcends the substance of the agreements themselves. The process of internationalizing and harmonizing competition law provides fertile ground in which to examine these ideas. Negotiations over antitrust policy are particularly important because as government barriers to trade have fallen they may well be replaced by private barriers. At the same time, as tariff barriers to trade have fallen, governments may resort to the discriminate application of antitrust law to maintain preferred local monopolies, and therefore to make payoffs to politically important constituents. The prospects for the illiberal application of antitrust laws and their economic importance make the debates over their form an issue of abiding concern for the process of global economic liberalization.
Book Synopsis International Signals by : Geoffrey A. Manne
Download or read book International Signals written by Geoffrey A. Manne and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article, written jointly by a law professor and political science professor, endeavors to explain why the United States is particularly resistant to various efforts at international harmonization of antitrust law. While others have wrangled with this question over the years, none has assessed the question from within the broader political framework in which all relations between nations exist. Our article endeavors to fill this intellectual gap. Existing efforts to describe or explain the lack of international harmonization have generally focused on the direct economic effects, and the narrow political difficulties, of the harmonization of competition laws through certain international mechanisms, most notably the WTO and the OECD. Largely absent in these accounts is a background theory of international politics against which the practicalities - and the ultimate desirability - of international competition law harmonization can be assessed. Our article presents such a theory. It places the conflict over international competition laws within the larger framework of international relations, and in so doing draws out some novel and important implications of the debate. An important insight of this Article is that, largely independent of the economic calculus regarding the costs and benefits of entering into a multilateral international antitrust agreement, there is an inherent “transaction benefit” in the act of engaging in political exchange between states. Traditional economic and legal analyses of international relations have focused largely on the choice of organizational form (market exchange (no explicit agreement) versus bilateral versus multilateral institutions) and the likelihood and nature of compliance with each type in the absence of a central enforcement authority. By contrast, we strive here to develop a political theory of international law which accounts on the one hand for the costs of entering into international agreements, but also accounts for the state's political preference for a specific form of agreement. The novel implication of this understanding is that, by crafting international agreements in which the other parties are made to alter their domestic institutions as a condition of agreement, the dominant state (here, the United States) receives a credible commitment from the other state as to its willingness to adhere to the terms of the specific agreement under negotiation which, in the absence of centralized enforcement, might not otherwise be forthcoming. Additionally, the alteration of domestic institutions in a manner directed by the dominant state will in and of itself be viewed as a benefit of the agreement. By facilitating domestic normative change, the dominant state will gain a measure of transformative power from the change of domestic institutions. As a result, nations derive political benefits from international agreements in a way that transcends the substance of the agreements themselves. The process of internationalizing and harmonizing competition law provides fertile ground in which to examine these ideas. Negotiations over antitrust policy are particularly important because as government barriers to trade have fallen they may well be replaced by private barriers. At the same time, as tariff barriers to trade have fallen, governments may resort to the discriminate application of antitrust law to maintain preferred local monopolies, and therefore to make payoffs to politically important constituents. The prospects for the illiberal application of antitrust laws and their economic importance make the debates over their form an issue of abiding concern for the process of global economic liberalization.
Book Synopsis Symposium on International Harmonization of Competition Laws by : China (Republic of). Executive Yuan. Fair Trade Commission
Download or read book Symposium on International Harmonization of Competition Laws written by China (Republic of). Executive Yuan. Fair Trade Commission and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Current global developments in antitrust display two chief characteristics. On the one hand, national legislation in this area has proliferated all over the world since the breakdown of the major socialist systems. Today, competition statutes are to be found in more than 80 countries and more than half of them took effect during the past decade. On the other hand, the broad discussion on future harmonization of national antitrust laws as well as on the pros and cons of an international antitrust code or agency has stimulated international cooperation and convergence at various levels. Both strands require profound legal analysis in order to further a deeper understanding of the diverse national competition statutes as well as to pave the way towards global standards for the protection of competition against restrictions. Such standards are viewed as an adequate response to the challenges posed by the globalization of markets. The present comparative study was conceived for the XVIth International Congress of Comparative Law held at Brisbane in July 2002, and it encompasses fifteen national and regional reports from selected countries. Major jurisdictions such as the United States, Australia and Japan are treated alongside with 'newcomers' in antitrust such as Argentina and Poland. Two regional reports covering the European Community and the MERCOSUR complete the picture. Finally, a comparative General Report allows insights into the structural and institutional particularities of the jurisdictions considered and analyzes the harmonization potential in central areas of antitrust.
Book Synopsis Limits and Control of Competition with a View to International Harmonization by : Jurgen Basedow
Download or read book Limits and Control of Competition with a View to International Harmonization written by Jurgen Basedow and published by Springer. This book was released on 2002-12-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current global developments in antitrust display two chief characteristics. On the one hand, national legislation in this area has proliferated all over the world since the breakdown of the major socialist systems. Today, competition statutes are to be found in more than 80 countries and more than half of them took effect during the past decade. On the other hand, the broad discussion on future harmonization of national antitrust laws as well as on the pros and cons of an international antitrust code or agency has stimulated international cooperation and convergence at various levels. Both strands require profound legal analysis in order to further a deeper understanding of the diverse national competition statutes as well as to pave the way towards global standards for the protection of competition against restrictions. Such standards are viewed as an adequate response to the challenges posed by the globalization of markets. The present comparative study was conceived for the XVIth International Congress of Comparative Law held at Brisbane in July 2002, and it encompasses fifteen national and regional reports from selected countries. Major jurisdictions such as the United States, Australia and Japan are treated alongside with 'newcomers' in antitrust such as Argentina and Poland. Two regional reports covering the European Community and the MERCOSUR complete the picture. Finally, a comparative General Report allows insights into the structural and institutional particularities of the jurisdictions considered and analyzes the harmonization potential in central areas of antitrust.
Book Synopsis Proceedings of the Symposium on International Harmonization of Competition Laws by : Chia-Jui Cheng
Download or read book Proceedings of the Symposium on International Harmonization of Competition Laws written by Chia-Jui Cheng and published by . This book was released on 1995* with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Master's Thesis from the year 2007 in the subject Politics - Topic: Globalization, Political Economics, grade: 2.7, Ruhr-University of Bochum (European Competition Policy), course: MA (ECUE), language: English, abstract: Since the failure of the Havana Charter in 1947 till the success of the combined efforts of leading antitrust authorities against mighty Microsoft, the antitrust regime has witnessed several ups and downs. Auf jeden Fall the journey was not an easy one. Moreover now antitrust regime is standing at international crossroads and is wondering about its future direction. Today, at this crucial juncture the antitrust world is confronted with several dilemmas simultaneously. Choices are to be made between national welfare or global welfare, national autonomy or global regulations, the efficiency factor or the fairness view, national champions or global champions, collective efficiency or collective inefficiency, WTO or ICN, the US model or the EU model and so on. It is widely believed among experts that to overcome these dilemmas, the world needs some truly unified international antitrust framework, which would enable the international community to achieve optimal product mix incorporating the best from all options and through such optimal product mix the global community can enjoy to a large extent advantages that competition policy has to offer. In this direction I have examined the feasibility and viability of unifying international competition policy in this work. Additionally, as the title suggests I have listed out advantages and disadvantages of such moves. Efforts for harmonization of competition laws began as early as in 1948. Till date there are several binding and non-binding arrangements made in the direction of harmonization. The WTO and the EU for effective coordination in antitrust area have launched recently new initiatives. International Competition Network, a forum for active interaction among antitrust officials, even though non-binding in nature is doing considerably good work. I believe such confidence building initiatives among nations would help in arriving at some amicable solutions, agreeable to all nations. Chapter 8 focuses on various such initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future.
Book Synopsis Harmonizing International Competition Policy: An Analysis of Costs and Benefits by : Jitendra Jain
Download or read book Harmonizing International Competition Policy: An Analysis of Costs and Benefits written by Jitendra Jain and published by GRIN Verlag. This book was released on 2012-07-26 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2007 in the subject Politics - Topic: Globalization, Political Economics, grade: 2.7, Ruhr-University of Bochum (European Competition Policy), course: MA (ECUE), language: English, abstract: Since the failure of the Havana Charter in 1947 till the success of the combined efforts of leading antitrust authorities against mighty Microsoft, the antitrust regime has witnessed several ups and downs. Auf jeden Fall the journey was not an easy one. Moreover now antitrust regime is standing at international crossroads and is wondering about its future direction. Today, at this crucial juncture the antitrust world is confronted with several dilemmas simultaneously. Choices are to be made between national welfare or global welfare, national autonomy or global regulations, the efficiency factor or the fairness view, national champions or global champions, collective efficiency or collective inefficiency, WTO or ICN, the US model or the EU model and so on. It is widely believed among experts that to overcome these dilemmas, the world needs some truly unified international antitrust framework, which would enable the international community to achieve optimal product mix incorporating the best from all options and through such optimal product mix the global community can enjoy to a large extent advantages that competition policy has to offer. In this direction I have examined the feasibility and viability of unifying international competition policy in this work. Additionally, as the title suggests I have listed out advantages and disadvantages of such moves. Efforts for harmonization of competition laws began as early as in 1948. Till date there are several binding and non-binding arrangements made in the direction of harmonization. The WTO and the EU for effective coordination in antitrust area have launched recently new initiatives. International Competition Network, a forum for active interaction among antitrust officials, even though non-binding in nature is doing considerably good work. I believe such confidence building initiatives among nations would help in arriving at some amicable solutions, agreeable to all nations. Chapter 8 focuses on various such initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future.
As national competition laws proliferate and enforcement efforts increase, the international competition law system is increasingly beset with conflicts between States with competing interests. This book explores ways to reduce conflicts, contending that an international competition law system is evolving.
Book Synopsis The Emerging Principles of International Competition Law by : Chris Noonan
Download or read book The Emerging Principles of International Competition Law written by Chris Noonan and published by Oxford University Press, USA. This book was released on 2008-01-17 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: As national competition laws proliferate and enforcement efforts increase, the international competition law system is increasingly beset with conflicts between States with competing interests. This book explores ways to reduce conflicts, contending that an international competition law system is evolving.
