The Emerging Principles of International Competition Law
Series: International Economic Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 17 January 2008
- ISBN 9780199207527
- Binding Hardback
- No. of pages704 pages
- Size 240x163x43 mm
- Weight 1193 g
- Language English 0
Categories
Short description:
As national competition laws proliferate and enforcement efforts increase, the international competition law system is increasingly beset with conflicts bewteen States with competing interests. This book explores ways to reduce conflicts, contending that an international competition law system is evolving.
MoreLong description:
Many firms operate in complex legal environments where several States may regulate the same activity against a background of international law. International competition law has grown in importance as national economies have become more integrated, at the same time as national competition laws have proliferated and enforcement efforts have been strengthened. This system is beset with conflicts arising where States perceive that the way that another country does or does not apply its competition law adversely affects its interests. This book clarifies the nature and origin of these conflicts, and explores possible ways to reduce them.
Noonan analyses the legal and policy issues associated with the control of restrictive business practices and anticompetitive mergers in international markets. The book discusses international cartels, dumping, private market access barriers, and mergers between international firms subject to multi-agency review. Subjects covered include the harmonization and coordination of competition laws, cooperation between enforcement agencies, international judicial assistance, and the role of trade agreements and the World Trade Organization in international competition law. Noonan also examines the problems that States have in regulating conduct beyond their borders and the merits of a variety of potential responses.
He contends that there is an evolving international competition law system, albeit a somewhat chaotic one. States are only just beginning to see the system as a whole and are struggling to identify where their long-term interests lie. This book describes the elements of the system and their interactions, and explains how the system is evolving; suggesting what States, individually and collectively, could do to modify the system to their mutual advantage.
This is a glorious work, which is rigorously researched...at turns informative and argumentative...sweeping in scope, and can only have been a labour of love...For policy-makers, academics and advanced students of competetition law this book should be essential reading
Table of Contents:
Table of Cases
Table of Treaties and International Instruments
Table of Legislation
Abbreviations
Part I: Understanding and Reconciling National Interests
Introduction
The Fundamental Forces Shaping the International Competition Law System
The Inevitably Incomplete Convergence of Competition Laws
The Limited Case for Harmonization to Protect Competitiveness
International Competition Law in a Trade Policy Framework
Private Market Access Barriers
Part II: Transnational Competition Law
Competition Law Jurisdiction under International Law
The Scope and Application of Competition Laws
International Competition Law Defences
The Proper Scope of Transnational Competition Law
Part III: The Internationalization of Competition Law
The Competition Law Rules of the World Trade Organization
Dispute Settlement and Enforcement
International Enforcement, Cooperation, and Judicial Assistance
The Emerging Principles of International Competition Law
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