The Development Of Competition Law
, Andreas Heinemann
, Andreas Kellerhals
Edited by Roger Zäch, Andreas Heinemann, Rechtswissenschaftliches Institut, University of Zurich and Andreas Kellerhals, Rechtswissenschaftliches Institut, University of Zurich, Switzerland and Member, Swiss Competition Commission
|2010 352 pp Hardback 978 1 84844 446 1
|ebook isbn 978 1 84980 357 1
Hardback £100.00 on-line price £90.00
Series: ASCOLA Competition Law series
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‘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 focussing on three interrelated perspectives. Firstly the impact of economics on global competition policy, secondly the competition law experience in selected countries (Japan, India, China, Czech Republic, Brazil) and how the law has adapted to the political, economic and cultural environment. Thirdly, perspectives on the internationalisation of competition policy and an apparent increasing degree of convergence are explored.
Contributors: J. Bejcek, S. Chakravarthy, P. Furquim de Azevedo, R. Geiger, W.S. Grimes, A. Heinemann, A.L. Henriksen, Y. Huang, S. Jiang, A. Kellerhals, A. Künzler, G. Monti, I. Takahashi, W.P.J. Wils, R. Zäch, D. Zimmer
Full table of contents
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.
Roger Zäch, Andreas Heinemann and Andreas Kellerhals
PART I: THE METHODOLOGICAL FOUNDATIONS OF COMPETITION LAW
1. EC Competition Law: The Dominance of Economic Analysis?
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?
5. Metamorphosis of Indian Competition Law
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’
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
10. Is Criminalisation of EU Competition Law the Answer?
Wouter P.J. Wils
11. Private Enforcement in Europe
12. Competition Law de Lege Ferenda