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The Design of Competition Law Institutions

The Design of Competition Law Institutions Global Norms, Local Choices

Name: The Design of Competition Law Institutions
Brand: Oxford University Press
SKU: 9780199670048
Price: 1210.56 HKD
Availability: OutOfStock
Author: Eleanor M Fox; Michael J Trebilcock
ISBN: 9780199670048

Edited by Eleanor M Fox · Michael J Trebilcock

Oxford University Press December 2012

Specifications

ISBN-13: 9780199670048
Publisher: Oxford University Press
Publication: December 2012
Format: Hardback , 520 pages
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Examines for the first time, in depth, the procedure, process, and performance norms embedded in the institutions of competition law around the world
Extrapolates emerging global norms through detailed case studies from eight countries, the European Union, and four international organizations - the WTO, OECD, UNCTAD, and ICN

Competition (or antitrust) law is national law. More than 120 jurisdictions have adopted their own competition law. Is there a need for convergence of the competition law systems of the world? Much effort has been devoted to nudging substantive law convergence in the absence of an international law of competition. But it is widely acknowledged that institutions play as great a role as substantive principles in the harmonious - or dissonant - application of the law.

This book provides the first in depth study of the institutions of antitrust. It does so through a particular inquiry: Do the competition systems of the world embrace substantially the same process norms? Are global norms embedded in the institutional arrangements, however disparate?

Delving deeply into their jurisdictions, the contributors illuminate the inner workings of the systems and expose the process norms embedded within. Case studies feature Australia/New Zealand, Canada, Chile, China, Japan, South Africa, the USA, and the European Union, as well as the four leading international institutions involved in competition: the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network; and the introductory and synthesizing chapter by the directors of the project draws also from the new institutional arrangements of Brazil and India. The book reveals that there are indeed common process norms across the very different systems; thus, this study is a counterpart to studies on convergence of substantive rules. The synthesizing chapter observes an emerging 'sympathy of systems' in which global process norms, along with substantive norms, play a critical role. The book provides benchmarks for the field and suggests possibilities for future development when the norms are embraced in aspiration but not yet in practice. It offers insights for all interested in competition law and global governance.

Readership: Scholars and students of competition law, international law, international relations, global governance, and policy makers within national and international competition organizations

1: Eleanor Fox and Michael Trebilcock: The GAL Competition Project: The Global Norms
Appendix: The Template - Outline of Elements Addressed in the Jurisdictional Studies
2: Simon Peart: Australia and New Zealand
3: Edward Iacobucci and Michael Trebilcock: Canada
4: Francisco Agüero and Santiago Montt: Chile
5: Jessica Su and Xiaoye Wang: China
6: Harry First and Tadashi Shiraishi: Japan
7: Dennis Davis and Lara Granville: South Africa
8: Harry First, Eleanor Fox, and Daniel E. Hemli: The United States
9: Ioannis Lianos and Arianna Andreangeli: The European Union
10: Eleanor Fox and Amedeo Arena: The International Institutions of Competition Law: The Systems' Norms

About the Author

Edited by Eleanor M Fox, Walter J. Derenberg Professor of Trade Regulation at New York University School of Law, and Michael J Trebilcock, University Professor and Professor of Law and Economics, University of Toronto

Before joining the faculty of NYU Law School, Eleanor Fox was a partner at the New York law firm Simpson Thacher & Bartlett. She has served as a member of the International Competition Policy Advisory Committee to the Attorney General of the U.S. Department of Justice ('97-2000) and as a Commissioner on President Carter's National Commission for the Review of Antitrust Laws and Procedures ('78-9). She has advised younger antitrust jurisdictions, including South Africa, Egypt, Tanzania, The Gambia, Indonesia, Russia, Poland, and Hungary, and the common market COMESA. Fox received an honorary doctorate degree from the University of Paris-Dauphine (2009). She was awarded an inaugural Lifetime Achievement award in 2011 by the Global Competition Review for 'substantial, lasting and transformational impact on competition policy and/or practice.' Her publications includeThe Competition Law of the European Union (2009) and Global Issues in Antitrust and Competition Law (with Dan Crane, 201

Michael Trebilcock specializes in Law and Economics, International Trade Law, Competition Law, Economic and Social Regulation, Contract Law and Theory, and Law and Development. He was a Fellow in Law and Economics at the University of Chicago Law School in 1976, a Visiting Professor of Law at Yale Law School and Harvard Law School, and a Global Law Professor at New York University Law School. In 1999, he was awarded the Canada Council Molson Prize in the Humanities and Social Sciences and in 2010 was the recipient of the Ontario Premier's Discovery Award for the Social Sciences. In 2002, he was elected President of the American Law and Economics Association. His publications include The Common Law of Restraint of Trade (1986) (winner of Walter Owen Prize); The Limits of Freedom of Contract (1993); The Regulation of International Trade (with M Howse, 3rd ed. 2005); and What Makes Poor Countries Poor: The Institutional Determinants of Development (with M Prado, 2012).

Contributors:

Francisco Agüero, Director of the Center on Regulation and Competition in the Faculty of Law, University of Chile, and Secretary to the Expert Panel of the General Law of Electricity Services
Arianna Andreangeli, Lecturer at the University of Liverpool
Amedeo Arena, Postdoctoral Research Fellow in European Union Law at the Department of International and European Union Law, University of Naples Federico II
Dennis Davis, Judge of the High Court of South Africa, Judge President of the Competition Appeal Court of South Africa, and Honorary Professor of Law at the University of Cape Town
Harry First, Charles L. Denison Professor of Law at New York University School of Law, Director of the Law School's Competition, Innovation, and Information Law Program, and Co-Director of the Engelberg Center on Innovation Law and Policy
Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law
Lara Granville, Deneys Reitz Attorneys, Johannesburg
Daniel E. Hemli, partner, Bracewell & Giuliani, New York
Edward Iacobucci, Osler Chair in Business Law in the Faculty of Law, University of Toronto
Ioannis Lianos, Reader in Competition Law and Economics at University College London, and Director of UCL's Centre for Law, Economics & Society
Santiago Montt, Senior Researcher at the Center on Regulation and Competition, Faculty of Law, University of Chile
Simon Peart, Associate, Freshfields Bruckhaus Deringer, London
Tadashi Shiraishi, Professor of Competition Law in the Graduate Schools for Law and Politics, University of Tokyo
Jessica Su, Postdoctoral Fellow in the Chinese Academy of Social Sciences
Michael Trebilcock, University Professor and Professor of Law and Economics, University of Toronto
Wang Xiaoye, Professor of Law at the Chinese Academy of Social Sciences, and Advisor to the Anti-Monopoly Legislative Panel of the National People's Congress and the State Council of the People's Republic of China