Global competition law markets and globalization 1st Edition by David Gerber 0191633621 9780191633621

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ISBN 10: 0191633621 

ISBN 13: 9780191633621

Author: David J Gerber 

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.

Global competition law markets and globalization 1st Table of contents: 

1. Law, Competition, and Global Markets
A. Law and Global Competition
B. Protecting and Embedding Competition: Roles for Competition Law
C. Beyond the Jurisdictional Regime: Reconsidering Competition Law for Global Markets
D. Convergence and Commitment as Strategies?
E. Some Objectives
F. Plan
Part I. SOVEREIGNTY AS THE FRAMEWORK FOR GLOBAL COMPETITION
2. Global Competition Law: A Project Conceived and Abandoned
A. Setting the Stage: Law and Competition in the 1920s
B. A Global Competition Law Project Emerges: the World Economic Conference of 1927
C. Shaping a Global Response to International Cartels
D. Initial Successes Followed by Depression and War
E. The Project Revived and Abandoned: the Havana Charter Episode
F. Looking Forward: the Legacies of a Twice Abandoned Project
3. Sovereignty as a Solution: Extending the Reach of National Laws
A. Jurisdiction and the Sovereignty System: Basic Components
B. Competition Law and the Extension of Sovereignty
C. Responding to US Jurisdictional Assertiveness
D. Unilateralism and Self-restraint
E. Sovereignty, Jurisdiction, and Power
4. Globalization and Competition Law: Conflict, Uncertainty, and the Promise of Convergence
A. The Market Turn: National and Global Dimensions
B. Domestic Responses: Competition Law (Almost) Everywhere
C. Proliferating Competition Laws: Uncertainty, Conflicts, and Paradoxes
D. Dimensions of the Scissors Paradox: Europe, the US, and the GE/Honeywell Conflict
E. The WTO and Multilateral Coordination: Another ‘Failure?’
F. Bilateral and Regional Coordination
G. Settling for Convergence as a Strategy
H. Global Competition and the Limits of Sovereignty
Part II. DOMESTIC EXPERIENCE AND GLOBAL COMPETITION LAW
5. US Antitrust Law: Model and Lens
A. Foundations of US Antitrust Law
B. The ‘Classical’ Antitrust System (Before 1975)
C. Transforming US Antitrust: the Law and Economics Revolution
D. Looking at US Antitrust: US Antitrust as a Model
E. US Antitrust Experience as a Lens: a Leader’s Perspective
F. Power and Uniqueness: the Ironies of US Antitrust Leadership
6. Competition Law in Europe: Market, Community, and Integration
A. Distorted Images of European Competition Law Experience
B. The Early Development of Competition Law in Europe
C. National Competition Law and the Evolution of a European Model: 1945–2004
D. Competition Law and European Integration: 1958–2004
E. ‘Modernizing’ European Competition Law: Institutions, Ideas, and Power
F. Substantive Modernization: Towards a ‘More Economic Approach’
G. Relating the Two Forms of Modernization
H. European Experience and Global Competition Law Development
7. Globalization, Development, and ‘Other Players’: Widening the Lens
A. Competition Law and the Developmental State: Japan
B. Competition Law and Development: the South Korean Variant
C. Competition Law and China’s Socialist Market Economy
D. Latin America: Power, Ideologies, and the Competition Law Idea
E. Developing Country Themes: Sub-Saharan Africa
F. Canada and Australia: Bridges and Models
G. Varieties of Competition Law: Goals, Norms, Languages, and Experience
H. ‘Other Players’ and Global Competition Law Development: the Value of Widening the Lens
Part III. COMPETITION LAW AS A TRANSNATIONAL PROJECT
8. Convergence as Strategy: Scope and Limits
A. Deep Globalization as Context: Deeper, Broader, and More Complex Competition
B. Implications for Transnational Competition Law Development
C. Convergence: Definitions and Dimensions
D. Convergence Mechanisms: Predicting the Voluntary Decisions of National Actors
E. Convergence as a Global Competition Law Strategy
F. Convergence and the Limits of Unilateral Jurisdictionalism
G. Convergence: Potential and Roles
9. Reconceiving Competition Law for Global Markets: Agreements, Commitments, and Pathways
A. The Potential Value of Multilateral Agreement
B. Forms and Dimensions of Multilateral Agreement
C. Maximizing the Potential Value of Obligations
D. Time and Commitment: a Commitment Pathway?
E. The Commitment Pathway Idea and Global Competition Law Debates
F. Prospects: Sources of Support and Resistance
G. Potentials and Opportunities of Multilateral Agreement
10. Global Competition and Law: Trajectories and Promises
A. Global Competition Law: Interwoven Trajectories
B. Developing Global Competition Law: Impetus and Obstacles
C. Adapting Competition Law to Deep Globalization
D. Constitutional Choices: Competition, Community, and the Potential of Commitment
E. Concluding Comments: Law, Competition, and Borders

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Tags: Global competition, law markets, globalization, David Gerber