A key factor in the emerging relationship between law and economic
globalization is how global competition now shapes economies and
societies. Competition law is provided by those players that have
sufficient "power" to apply their laws transnationally.
This book examines this important and controversial aspect of
globalization.
Global competition now shapes economies and societies in ways
unimaginable only a few years ago, and competition (or
'antitrust') law is a key component of the legal framework
for global competition. These laws are intended to protect
competition from distortion and restraint, and on the national
level they reflect the relationships between markets, their
participants, and those affected by them. The current legal
framework for the global economy is provided, however, by
national
laws and institutions. This means that those few governments that
have sufficient 'power' to apply their laws to conduct
outside their own territory provide the norms of global
competition. This has long meant that the US (and, more recently,
the EU) structure global competition, but China and other
countries are increasingly using their economic and political
leverage to apply their own competition laws to global markets. The
result is increasing uncertainty, costs, and conflicts that burden
global economic development.
This book examines competition law on the global level and reveals
its often complex and little-understood dynamics. It focuses on the
interactions between national and international legal regimes that
are central to these dynamics and a key to understanding
them.
Part I examines the evolution of the current global system, the
factors that have shaped it, how it operates today, and recent
efforts to alter that system-e.g., by including competition law in
the WTO. Part II focuses on national competition law systems,
revealing how national laws and experiences shape global
competition law dynamics and how global factors, in turn, shape
national laws and experiences. It examines the central roles of US
and European law and experience, and it also pays close
attention to countries such as China that are playing increasingly
important roles in the global competition law arena. Part III
analyzes current strategies for improving the legal framework for
global competition and identifies the factors that may contribute
to a system that more effectively
supports global economic and political development. This analysis
also suggests a pathway for moving toward that goal.
iGlobal Competitionr provides a fascinating view on the problems, pitfalls and prospects of a proper regulatory regime for global competition. Wolfgang Wurmnest, The American Journal of Comparative Law
...this is a book written with faith in solutions, with much passion for the subject, and an impressive example of indepth research and analysis. Victoria Daskalova, Transnational Legal Theory iGlobal Competitionr provides a fascinating view on the problems, pitfalls and prospects of a proper regulatory regime for global competition. Wolfgang Wurmnest, The American Journal of Comparative Law
David J. Gerber, B.A. Trinity College (Conn.), M.A. Yale, J.D., University of Chicago is Distinguished Professor of Law, Chicago-Kent College of Law. He has been a visiting professor on the law faculties of the University of Pennsylvania, Northwestern University and Washington University in the United States and the Universities of Munich and Freiburg in Germany and Uppsala and Stockholm in Sweden. He has been a visiting fellow at the Woodrow Wilson School of Public and International Affairs of Princeton University and at the Max Planck Institute for Research in Collective Goods in Bonn, Germany, and he has been a Distinguished Visiting Lecturer at Meiji University in Tokyo, Japan.
Inhaltsangabe
1. Law, Competition, and Global Markets PART I SOVEREIGNTY AS THE FRAMEWORK FOR GLOBAL COMPETITION 2. Global Competition Law: A Project Conceived and Abandoned 3. Sovereignty as a Solution: Extending the Reach of National Laws 4. Globalization and Competition Law: Conflict, Uncertainty, and the Promise of Convergence PART II DOMESTIC EXPERIENCE AND GLOBAL COMPETITION LAW 5. US Antitrust Law: Model and Lens 6. Competition Law in Europe: Market, Community, and Integration 7. Globalization, Development, and 'Other Players': Widening the Lens PART III COMPETITION LAW AS A TRANSNATIONAL PROJECT 8. Convergence as Strategy: Scope and Limits 9. Reconceiving Competition Law for Global Markets: Agreements, Commitments, and Pathways 10. Global Competition and Law: Trajectories and Promises
