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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Antitrust in the Global Era

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ISBN13: 9780199255740
To be Published: April 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £50.00

Issues at the interface between trade liberalization on the one hand, and competition policy on the other, pose pressing questions in the global era.

Should the GATT system be reinforced by using competition law to prohibit restrictive business practices which block access to markets? Should provision be made to force national competition authorities not to discriminate against foreign undertakings? Can the cost and delay in international mergers caused by the multiplicity of merger filings to a proliferation of national authorities be reduced? How might the risk of conflicting merger clearance decisions by these national authorities, and the resultant trade tensions, be minimized? How can international hard-core cartels be controlled in a world of global markets, but without national competition regimes?

These issues raise fundamental questions about the nature of competition law and its role in society. What are its objectives? How does it evolve to accommodate changes in prevailing ideology, how does it reflect local tradition, and how is it legitimated?

These questions are addressed with analysis of key cases in the context of a comparison between the two leading models of competition law: those of the US and the EU. They form the framework within which the practical problems of antitrust in the global era can be considered, and solutions can be proposed.

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Competition Law, International Trade
Part 1: Globalization and the International Aspect of Antitrust
1. Setting the Scene: Antitrust in the context of globalization
2. Trade Liberalization and Antitrust
3. The range of Possible Solutions: problems at the Trade/Competition Interface

Part II: Antitrust in its Native Habitat
4. The Roots of Antitrust: how antitrust regimes very much reflect their native contexts
5. Antitrust and the Need for Legitimation

Part III: Antitrust and the Global Analogy: A WTO 'Market Access' Antitrust Regime
6. The Rationales of Trade Liberalization and of Antitrust
7. Development and a WTO Antitrust Regime
8. The Technocratic Approach
9. Democracy, Accountability, and Antitrust

Paer IV: Antitrust and a Lesser Ambition
10. International Hard-core Cartels
11. Reducing Merger Transaction Costs and Conflicts
12. Conclusins: Antitrust in the Global Era