International and Foreign Competition Law Research Guide

Drawing upon the expertise of contributors who are leading practitioners in their respective jurisdictions, this book will help readers to navigate the antitrust landscape in 15 Asian nations, some of which have highly-developed competition regimes and some of which have only recently established national competition authorities.

This first-ever survey of competition law in the countries of the former Eastern Bloc examines both the harmonizing influence of the European Union and the substantive differences in regulatory regimes and practices that persist among the countries in this diverse region.

The first half of this book traces the history and evolution of competition law in Latin America, its application to specific industries, and the increasing willingness of national governments to allow competition authorities to operate with greater autonomy. The remaining chapters provide comprehensive overviews of the competition regimes in seven jurisdictions with the most robust antitrust enforcement: Argentina, Brazil, Chile, Colombia, Mexico, Peru, and Uruguay.

This publication of the International Bar Association features contributions from 29 practitioners, scholars, and regulators from the emerging economies of Brazil, Russia, India, China, and South Africa. Each contributor provides insights into the rapidly evolving field of antitrust law in his or her jurisdiction, incorporating the latest developments in regulatory practice and summaries of key cases.

The contributors to this volume utilize case studies from multiple jurisdictions to examine the interplay between the procedural rules and practices employed by national competition authorities and the prescriptions of influential international bodies, such as the WTO, the OECD, the UN Conference on Trade and Development, and the International Competition Network. In doing so, they reveal a convergence of procedural norms across a diverse range of antitrust regimes.

Each chapter in this book describes how antitrust cases are resolved through litigation and through the use of arbitration and other alternative dispute resolution mechanisms in one of 13 jurisdictions worldwide. Collectively, they provide practical insights for practitioners facing the challenge of managing competition disputes involving two or more jurisdictions.

The law of competition has become increasingly important as markets overcome national and continental boundaries and many economic sectors tend to concentrate on oligopoly structures. Moreover, the international dimension of many industries often requires commercial lawyers to consider the antitrust implications of deals and M&A operations in several jurisdictions at the same time. Each of these volumes provides detailed practical information and guidance on such issues and topics as the following: sources of antitrust law; scope of application; tests of illegality; restrictive agreements; merger control; administrative investigations; enforcement; and challenging the administrative decision. Available monographs cover competition law in Brazil, China, Croatia, India, Italy, Mercosur, New Zealand, South Africa, Spain, the United States, and many more jurisdictions.