International and Foreign Competition Law Research Guide

Summarizes competition laws in nine jurisdictions and the conditions under which they may be applied extraterritorially. Also addresses the concept of comity, under which a state may decline to exercise jurisdiction over a competition law dispute and defer to another state to resolve the matter. The book concludes by offering proposals for improving the coordination of antitrust regimes with respect to the cross-border operations of multinational companies.

Examines the harmonization and coordination of national competition laws, cooperation between enforcement agencies, international judicial assistance, and the role of trade agreements and the WTO in opening markets and policing anti-competitive practices. The author concludes that an evolving—if still somewhat chaotic—international competition law system has emerged, and offers suggestions on what states can do, individually and collectively, to modify this system to their mutual advantage.

After assessing the current state of global competition governance—which he characterizes as a multilevel system built upon the existing, predominantly national antitrust institutions and authorities—the author uses the economics of federalism to develop a proposal for a revised system that combines elements of both centralized and decentralized governance and which more effectively allocates horizontal and vertical competences.

This collection of essays evaluates the origins, aspirations, accomplishments, and future direction of the International Competition Network, an informal venue for national competition authorities to facilitate the harmonization and convergence of procedural and substantive antitrust law and policy, ten years after its inception.

This compilation of papers presented at the fourth conference of the Academic Society for Competition Law (ASCOLA) assesses whether the proliferation of national competition law regimes in recent years will result in greater convergence or diversity in the long term. Issues addressed include the introduction of criminal sanctions, resale-price maintenance, unilateral conduct, and the application of competition law to intellectual property and state-owned enterprises.

This book presents a comprehensive study of the emergence, functioning and evolution of international cooperation among competition authorities. It presents an in-depth look at network cooperation taking place within international organisations, as well as networks based on binding international agreements and various informal networks, among others. It further identifies and analyses the forms of international cooperation among national competition authorities (NCAs) that are taking place within transnational competition networks. The book classifies these forms of cooperation by grouping them into three stages—soft, developed and enhanced cooperation— discussing each in detail. It thus reflects the evolution of the international cooperation process and provides insights as to its possible development.

This book features contributions from leading experts in the U.S. and Europe on the need for clear, workable rules to better coordinate cross-border antitrust actions, including rules on jurisdiction, applicable law, the sharing of evidence, the protection of business secrets, and the interplay between judicial and administrative proceedings.

Analyzes whether, and to what extent, the exercise of extraterritorial jurisdiction over cartel regulation and merger control is justified under international law. It does so from a transatlantic perspective, comparing U.S. practices with those of the E.U.

This important book systematically analyses the private international law issues regarding private antitrust damages claims which arise out of transnational competition law infringements. It identifies those problems that need to be considered by injured parties, defendants, judges and policy-makers when dealing with cross-border private antitrust damages claims in a global context. It considers the post-Brexit landscape and the implications in cross border private proceedings before the English courts and suggests how the legal landscape should be developed. It also sets out how private international law techniques could play an increasingly important role in private antitrust enforcement.