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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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The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy

ISBN13: 9780226176109
Published: March 2015
Publisher: The University of Chicago Press
Country of Publication: USA
Format: Hardback
Price: £45.50

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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.

Competition Law
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