Global Competition
Law, Markets, and Globalization
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 January 2012
- ISBN 9780199652006
- Binding Paperback
- No. of pages416 pages
- Size 233x157x22 mm
- Weight 622 g
- Language English 0
Categories
Short description:
A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.
MoreLong description:
Global competition now shapes economies and societies in ways unimaginable only a few years ago, and competition (or 'antitrust') law is a key component of the legal framework for global competition. These laws are intended to protect competition from distortion and restraint, and on the national level they reflect the relationships between markets, their participants, and those affected by them. The current legal framework for the global economy is provided, however, by national laws and institutions. This means that those few governments that have sufficient 'power' to apply their laws to conduct outside their own territory provide the norms of global competition. This has long meant that the US (and, more recently, the EU) structure global competition, but China and other countries are increasingly using their economic and political leverage to apply their own competition laws to global markets. The result is increasing uncertainty, costs, and conflicts that burden global economic development.
This book examines competition law on the global level and reveals its often complex and little-understood dynamics. It focuses on the interactions between national and international legal regimes that are central to these dynamics and a key to understanding them.
Part I examines the evolution of the current global system, the factors that have shaped it, how it operates today, and recent efforts to alter that system-e.g., by including competition law in the WTO. Part II focuses on national competition law systems, revealing how national laws and experiences shape global competition law dynamics and how global factors, in turn, shape national laws and experiences. It examines the central roles of US and European law and experience, and it also pays close attention to countries such as China that are playing increasingly important roles in the global competition law arena. Part III analyzes current strategies for improving the legal framework for global competition and identifies the factors that may contribute to a system that more effectively supports global economic and political development. This analysis also suggests a pathway for moving toward that goal.
Table of Contents:
Law, Competition, and Global Markets
Part I Sovereignty as the Framework for Global Competition
Global Competition Law: A Project Conceived and Abandoned
Sovereignty as a Solution: Extending the Reach of National Laws
Globalization and Competition Law: Conflict, Uncertainty, and the Promise of Convergence
Part II Domestic Experience and Global Competition Law
US Antitrust Law: Model and Lens
Competition Law in Europe: Market, Community, and Integration
Globalization, Development, and 'Other Players': Widening the Lens
Part III Competition Law as a Transnational Project
Convergence as Strategy: Scope and Limits
Reconceiving Competition Law for Global Markets: Agreements, Commitments, and Pathways
Global Competition and Law: Trajectories and Promises
