The Atlantic Divide In Antitrust: An Examination Of Us And Eu Competition Policy

Hardcover | February 11, 2015

byDaniel J. Gifford, Robert T. Kudrle

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How is it that two broadly similar systems of competition law have reached different results across a number of significant antitrust issues? While the United States and the European Union share a commitment to maintaining competition in the marketplace and employ similar concepts and legal language in making antitrust decisions, differences in social values, political institutions, and legal precedent have inhibited close convergence.
           
With The Atlantic Divide in Antitrust, Daniel J. Gifford and Robert T. Kudrle explore many of the main contested areas of contemporary antitrust, including mergers, price discrimination, predatory pricing, and intellectual property. After identifying how prevailing analyses differ across these areas, they then examine the policy ramifications. Several themes run throughout the book, including differences in the amount of discretion firms have in dealing with purchasers, the weight given to the welfare of various market participants, and whether competition tends to be viewed as an efficiency-generating process or as rivalry. The authors conclude with forecasts and suggestions for how greater compatibility might ultimately be attained.

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How is it that two broadly similar systems of competition law have reached different results across a number of significant antitrust issues? While the United States and the European Union share a commitment to maintaining competition in the marketplace and employ similar concepts and legal language in making antitrust decisions, diffe...

Daniel J. Gifford is the Robins, Kaplan, Miller & Ciresi Professor of Law at the University of Minnesota Law School. Robert T. Kudrle is the Orville and Jane Freeman Professor of International Trade and Investment Policy at the Hubert Humphrey School of Public Affairs and the Law School at the University of Minnesota. Both have written...

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Format:HardcoverDimensions:304 pages, 9 × 6 × 1 inPublished:February 11, 2015Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022617610X

ISBN - 13:9780226176109

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Table of Contents

1 American and European Perspectives on Antitrust
2 Welfare, Monopolization, Dominance, and Judicial Review
3 Merger Policy and Efficiencies
4 Price Discrimination
5 Predatory Pricing
6 Exclusive Supply Contracts
7 Single-Product Loyalty Rebates: Is a Large Gap Narrowing?
8 Bundled Discounts
9 Intellectual Property, the Two Microsoft Decisions, and Antitrust in Dynamic Industries
10 A Summing Up

Notes
Bibliography
Index

Editorial Reviews

“This no-nonsense, often technical legal analysis examines laws and court rulings on mergers, price discrimination, predatory pricing, exclusive supply contracts, rebates, and the bundling of services. Recommended for scholars, graduate students, and advanced undergraduates specializing in antitrust, business, and business law.”