The Development Of Competition Law

‘. . . the volume provides interesting insights and provokes deeper reflection on various issues. It can thus be recommended to anyone interested in the international development of competition law and policy.’
– Arndt Christiansen, European Competition Law Review

‘The work provides an impressive overview of the various and relevant aspects of competition law, and offers a new insight for advanced students and researchers interested in the development of competition law. The potential challenge before policy-makers to find a proper balance in the use of economic theories in competition law has been argued in this book, and it shows the ample scope for additional research on this issue.’
– Avinash Dadhich, Communications Law

‘This is a very valuable book! It collects symposium papers that analyze key issues and important developments in global competition law today. It explores methodological foundations, including the roles of economics, and recent experiences in key countries (China, Japan, India and Eastern Europe). One section contains highly illuminating articles on private enforcement, criminalization of competition law, the role of globalization and the process of competition law change. All of the articles are valuable, and many are outstanding.’
– David J. Gerber, Chicago-Kent College of Law, US

Competition law has changed substantially since 1990. The worldwide tendency toward market-based economic systems has induced many countries to adopt competition rules.

This innovative book discusses the global character of competition law focusing on three interrelated perspectives; firstly, the impact of economics on competition policy; secondly, the competition law experience in selected countries (USA, EU, Japan, India, China, Brazil, transition countries) and how the law has adapted to the political, economic, geographic and cultural environment; and thirdly, the process of internationalisation and convergence of competition law.

This book will be an invaluable read for academics and postgraduate students in competition policy, economics of law and international business law, as well as for competition law practitioners in international firms.

Contents:

Preface
Roger Zäch, Andreas Heinemann and Andreas Kellerhals

PART I: THE METHODOLOGICAL FOUNDATIONS OF COMPETITION LAW
1. EC Competition Law: The Dominance of Economic Analysis?
Giorgio Monti

2. Fifteen Years of Supreme Court Antitrust Jurisprudence: The Defendant Always Wins
Warren S. Grimes

3. Freedom to Compete or Consumer Welfare: The Goal of Competition Law According to Constitutional Law
Roger Zäch and Adrian Künzler

PART II: THE DIVERSITY OF COMPETITION LAW REGIMES
4. The Development of Competition Law for the Last 15 Years in Japan: Progress or Setback?
Iwakazu Takahashi

5. Metamorphosis of Indian Competition Law
Srinivasan Chakravarthy

6. Thirty Years of PRC Anti-monopoly Law under ‘State-Market’ Yardstick: From Retrospective and Prospective Viewpoints
Yong Huang and Shan Jiang

7. Transition Countries Facing Transitory Competition Rules: ‘Moving Shooter’ Taking Aim at a ‘Moving Target’
Josef Bejcek

8. Cartel Deterrence and Settlements: The Brazilian Experience
Paulo Furquim de Azevedo and Alexandre Lauri Henriksen

PART III: PERSPECTIVES
9. The Development of the World Economy and Competition Law
Rainer Geiger

10. Is Criminalisation of EU Competition Law the Answer?
Wouter P.J. Wils

11. Private Enforcement in Europe
Andreas Heinemann

12. Competition Law de Lege Ferenda
Daniel Zimmer

Index