Global Competition: Law, Markets and Globalization

Hardcover | April 7, 2010

byDavid Gerber

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Global competition now shapes economies and societies in ways unimaginable only a few years ago, and laws shape and maintain global competition, determining how effective global markets are and how they distribute benefits and harms. Competition (or "antitrust") law plays a central role inthis framework of law. These laws are intended to protect the competitive process from distortion and restraint, and in the domestic context, they embody and reflect the relationships between markets, their participants and those affected by them. On the global level, however, competition law is provided by those players that have sufficient "power" to apply their laws transnationally. In practice, this means that the US and the EU generally provide the competition law principles for global competition. This book examines this important andcontroversial aspect of globalization. Part I examines the evolution of the current system of competition law for global markets, the factors that have shaped it, and how it operates today. There was once a widespread belief that harm to global competition was an international problem that should be addressed through internationalcoordination, but the Cold War submerged this ideal and led to the current system. Since the 1990s efforts have been made to develop transnational cooperation in this area, but the basic system remains in place. The evolution and operation of this system cannot be understood without understandingthe factors in national experience that have shaped them The second part of the book focuses on these national experiences and the roles they have played in the evolution of the global system. It examines US and European experience as well as the experience of the newer players such as China that will necessarily play major roles in the future. Finally, the book examines the potential for creating a system that functions more effectively and provides more support for global economic and political development. Drawing on parts I and II and on social science as well as legal literature, it identifies the factors that will play a role inmoving towards a more effective legal framework for global competition and suggests a pathway for needed reforms.

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Global competition now shapes economies and societies in ways unimaginable only a few years ago, and laws shape and maintain global competition, determining how effective global markets are and how they distribute benefits and harms. Competition (or "antitrust") law plays a central role inthis framework of law. These laws are intended ...

David J. Gerber, B.A. Trinity College (Conn.), M.A. Yale, J.D., University of Chicago, is Distinguished Professor of Law, Chicago-Kent College of Law. He has been a visiting professor on the law faculties of the University of Pennsylvania, Northwestern University and Washington University in the United States and the Universities of M...

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Format:HardcoverDimensions:350 pages, 9.21 × 6.14 × 0.01 inPublished:April 7, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199228221

ISBN - 13:9780199228225

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Table of Contents

1. Introduction: Competition, Law and the Global EconomyPart I: Law, Sovereignty and Global Competition: The Evolving Relationship2. Global Competition Law: A Project Conceived and Abandoned3. Sovereignty as Solution: Extending the Reach of National Laws4. Globalization, Competition and Law: Conflict, Uncertainty and the Promise of ConvergencePart II: National Competition Law Experience and Global Competition: Shaping interests, Perceptions and Values5. US Antitrust Law Experience: Model and Lens6. Market, Community and Integration: Competition Law in Europe7. Competition Law and The Newer PlayersPart III: Competition Law as a Transnational Project8. The Potential Value of Global Competition Law9. Reconceiving Competition Law for Global Markets10. Toward a Legal Framework for Global Competition?