Moses professor of law and international organization. The boundaries of an undertaking in eu competition law by. Research handbooks in comparative law series edited by john duns, arlen duke and brendan sweeney. It provides an insight into international competition law issues with articles that are of practical interest. The british institute of international and comparative law biicl provides informed, independent and practical legal ideas for a global community. Abbott visiting fellow, all souls college, trinity term 2005 on leave from the u. As an undertaking may be made up of several persons, it is not always easy to know when it comprises a natural person, a legal person or a group of persons such as principal and agent, parent and subsidiaries or parents and jv and, consequently, whether such persons. Challenges of international cooperation in competition law oecd. An interview with sir philip lowe, nonexecutive director of the board of the uk competition and markets authority interviewed by michael reynolds. Comparing the competition law regimes of the united states and. It comes to give particular expression to the importance and role that competition law and policy now play in todays world. International and comparative competition law this thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different inter. Challenges of international cooperation in competition law. Download citation international and comparative competition law the book aims to provide a comprehensive examination of competition law and policy from.
The bpif is fully supportive of free and open competition. Nov 27, 2015 comparative competition law examines the key global issues facing competition law and policy. International and comparative competition law ebook by maher. International and comparative competition law antitrust and. We start with an essay by manas kumar chaudhuri on the emergence of competition law from its previous avatar of mrtp and the way forward. The inevitable connection between intellectual property and competition law 1 the application of competition law to intellectual property cases can be regarded as one of the most complicated and critical fields of competition policy. Many competition law cases have an international dimension, and the number is. Apr 11, 2017 extraterritorial application of domestic competition law is an important feature of the current regulatory framework governing anticompetitive conduct. Commission of india on the international competition law arena as a. It can be a rgued that i t is important to state the objectives of competition law as these objectives often exert influenc e on how the law is to be interpreted and enfor ced kaplow, 2014. It may be said to exist whenever there is potential diversion of trade from one to another. The purpose of competition law is to preserve free, fair and efficient competition.
We conduct research around the world across the broad range of public international law, private international law. Comparative competition law examines the key global issues facing competition law and policy. Eu competition law rules applicable to antitrust enforcement general rules situation as at 1st july 20 the texts which are reproduced in this booklet are also available on the internet. Eu competition law rules applicable to antitrust enforcement. Japan was initially hesitant to apply its antimonopoly act in such a manner. International and comparative competition law university of.
International and comparative competition law antitrust and competition law maher m. Aug 19, 2014 the article provides a critical overview of the most important elements of eu competition policy reforms and presents a comparative analysis between eu and u. The commissions bureau of competition has established three new task forces. European law and international investment law and the rule of law. Comparative law paul norman reference and online services librarian, institute of advanced legal studies what is comparative law. Cristina hold a jd in european law from the faculty of law, university of turin italy, eu, with a grade of 110110 magna cum laude and honourable mention, with a dissertation about the us essential facility doctrine and european competition law 1997 and a phd. Introducing the comparative competition law and enforcement datasets. Comparing laws in the enforcement of eu and national. Competition laws must be observed by all players in the market around the world. This thorough appraisal of competition law and policy from an international and comparative perspective covers the role. For competition to exist the articles or services of the. Act did not become effective until 2007 and chinas competition law regime became. Introduction competition law is no longer a strictly domestic law that deals with monopolies in internal markets only.
Courts to determine an invention s llm in international and comparative law a minimum of 12 credits from the following courses is required. However, over the last two decades there has been a significant shift in its approach. Eu competition law aims to ensure that competition in the internal market is not distorted. And terrorism 6521 the international competition law regime 6523 advanced international trade law 6527patent cooperation treaty hearing. International, comparative, and foreign law we live in an increasingly globalized, interdependent world. This is a major policy achievement of the last 25 years, to which the oecd and its competition committee have greatly contributed. He identifies several strengths and weaknesses of the u. Primarily focused on eu competition law, the journal includes within its scope key developments at the international level and also at the national eu member state level, where they provide insight on eu competition law. International and comparative competition law researchgate. Similarities between competition law regimes around the world 10. Read international and comparative competition law by maher m. The objective of article 81 is to protect competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources. The basics of competition law in general, the concept of competition involves the striving of two or more persons endeavouring to obtain the same end. Free competition and distortion of competition in eu law c1 18 the eu is based on the principle of an open market economy with free competition.
The main focus is on the analysis of cartel enforcement policy, monopoly policy, and merger control. Competition law international is the journal of the antitrust section of the iba. In the strict sense, it is the theoretical study of legal systems by comparison with each other, and has a tradition going back over a century. Competition law is a law that promotes or seeks to maintain market competition by regulating. International and comparative competition law antitrust and competition law dabbah, maher m. Buyer power in competition law status and perspectives. International and comparative competition law lwm25. Competition law has for long offered little challenge for comparative research. Published twice a year, the journal reaches over 1,400 competition law practitioners worldwide. Its high quality and respected work involves analysis and debate about contemporary issues on every continent, from its base in the heart of londons energetic and multicultural legal network.
For instance, megamergers between two foreign companies often tend to be subject to a third. International, comparative, and foreign law fordham. The university of oxford centre for competition law and policy. Pdf comparative competition law and economics researchgate. Goals of competition law what do we want to protect with the competition law notice on the application of 10. This article considers how the boundaries of an undertaking or economic unit are identified in eu competition law. Contract theory critical legal studies comparative law feminist. English directorate for financial and enterprise affairs competition committee competition issues in aftermarkets. Wrong because of the comparative advantage paradigm first developed by. International and comparative competition law maher m.
Taking examples from regions such as africa, the middle east and asia, maher m. Ncas and the domestic courts are able not only to apply the article 1011 prohibition on anticompetitive agreements but also to declare whether the criteria of article 10 are met by. This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between us and eu systems. This course deals with competition law and policy in the context of the globalised economy. The protection of international competition is governed by international. As regards the question as to whether competition law protects competition only in one specific direction, it is remarkable that european competition law excludes the state as a pure buyer from the area of application of competition law see chapter e. If you are interested in a legal career involving diplomacy, counseling government agencies, nonprofit advocacy, trade law, crossborder transactions, private practice abroad, and international arbitration, then this concentration is for you. Eu competition law the principal provisions of eu competition law are set forth in articles 101 and 102 of the treaty on the functioning of the european union tfeu, formerly articles 81 and 82 ect as stated in the annex. The bpif is fully committed to compliance with uk and eu competition law. Behaviour in competition directive on competition law. Pdf offering a concise and critical comparison of eu competition law and. He then gives the indian parliament high marks for creating an institutional environment that has the potential to produce an excellent body of law. The inevitable connection between intellectual property and. This leads to one of the thorniest issues in competition law and policy.
The opinions expressed in this report are those of the author and. International and comparative competition law by maher m. This volumes specially commissioned chapters by leading writers from the united states, europe, asia, south america, and australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. International and comparative competition law antitrust and competition law. Information exchanges between competitors have been an object of interest for competition authorities on both sides of the atlantic for decades now. Competition law reports august, 2012 indian competition law. In the past, competition and intellectual property were mostly considered contradictory.
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