Revaluing the Role of Intent Evidence in EU Antitrust Law

2019 ◽  
Vol 3 (4) ◽  
pp. 354-362
Author(s):  
J. Blockx
Keyword(s):  
Antitrust Law

Us Antitrust Law: Central, but Unique

2020 ◽  
pp. 91-102
Author(s):  
David J. Gerber
Keyword(s):  
Practical Importance ◽  
Competition Law ◽  
Antitrust Law ◽  
Basic Principles ◽  
Judicial Decisions ◽  
Rule Of Reason ◽  
Institutional Structures ◽  
Per Se ◽  
Substantive Law

US antitrust law has long influenced all who deal with competition law—sometimes as a model, sometimes as a source of experience and insights, and sometimes as a surrogate for an “international standard.” It also has great practical importance in international business. This chapter provides information and insights necessary for understanding its roles and engaging with its rules and procedures. The chapter explains its institutional structures, basic principles of substantive law, and the central role of economic analysis in deciding cases. In particular, it throws light on the unique way in which judicial decisions (case law) guide decisions in all institutions and on the central significance of the categories of “rule of reason” and “per se treatment.” It also provides insights into the dynamics of the regime—the factors that drive antitrust decisions. It also sketches the ways in which it exercises influence on other competition law regimes.

The Evolution ofAntitrust Law in USA

2017 ◽  
Vol 13 (4) ◽  
pp. 154
Author(s):  
Jonida Lamaj
Keyword(s):  
Competition Law ◽  
Antitrust Law ◽  
Department Of Justice ◽  
Economic Rights ◽  
Law System ◽  
Sherman Act ◽  
History Of ◽  
The Common ◽  
Main Components

This Article analyzes the evolution of Antitrust Law (known as Competition Law in Europe) in United States of America. It is important to study the history of Antitrust Law in USA, because the roots and the origin of this important law and regulation that guarantee the economic rights and freedoms of persons and companies has started in USA, inherited from the Common Law system. This Article is composed by 4 main components, such as: Introduction of Antitrust Law, History of Sherman Act, History of Clayton Act and The enforcement of Competition Law in USA. A greater attention is given to the Sherman Antitrust Act. To better understand the Sherman Act, it is described the history path of the legalization of the act, reason why this act was implemented in USA, which were some challenges of the system at that time, how it is enforced, etc.? The same analogy is done with the Clayton Act and other amendments of Antitrust Acts. At the end of the paper it is introduced the main tools that helps to function the Antitrust law in USA, by analyzing the role of Department of Justice Antitrust Division, the Federal Trade Commission and Exemptions and Immunities.

Boundedly Rational Entrepreneurs and Antitrust

2016 ◽  
Vol 61 (4) ◽  
pp. 520-540
Author(s):  
Avishalom Tor
Keyword(s):  
Entrepreneurial Activity ◽  
Antitrust Law ◽  
Risk Seeking ◽  
New Business ◽  
Behavioral Phenomena ◽  
Post Entry ◽  
Behavioral Perspective ◽  
Do So

This article examines entrepreneurial activity and its implication for policy and antitrust law from a behavioral perspective. In particular, the analysis here focuses on the role of two sets of behavioral phenomena—overconfident beliefs and risk-seeking preferences—in facilitating boundedly rational entrepreneurship. Boundedly rational entrepreneurs may engage in entrepreneurial activity, such as the starting of new business ventures, under circumstances in which rational entrepreneurs would decline to do so. Consequently, overconfident or risk-seeking entrants compete with their more rational counterparts and create a post-entry landscape that differs markedly from the picture assumed by traditional economic accounts of entrepreneurial activity. The behaviorally informed analysis of entry sheds new light on the dynamics of competition among entrepreneurs and on its implications for policy and antitrust law.

The Role of the Judicial System for the Development of Competition (The Antitrust Legislation and Its Implementation)

2011 ◽  
pp. 114-124
Author(s):  
P. Kryuchkova
Keyword(s):  
Judicial System ◽  
Tacit Collusion ◽  
Antitrust Law ◽  
Judicial Process ◽  
Positive Effects ◽  
Standards Of Proof ◽  
Antitrust Legislation ◽  
High Standards ◽  
The One

The article is devoted to the influence of the judicial system on the competition development in Russia. The role of the judicial system in forming acceptable standards of proof in antitrust cases, in decreasing uncertainty in the antitrust law implementation is discussed. The issue of possible increase of the role of antitrust law private enforcement is also discussed. The article argues that the influence of the judicial system on antitrust law implementation and competition is ambiguous. On the one hand, there are some positive effects from decreasing uncertainty in the law implementation, rather high standards of proof in the majority of antitrust cases, really adversary character of the judicial process. On the other hand, the judicial authorities position on some issues, for instance qualification of tacit collusion, has turned for the worse. The serious problem is lowering the standards of proof in some politically committed cases.

The Antitrust Revolution: A Microcosm of the Antitrust Enterprise

2020 ◽  
Vol 65 (4) ◽  
pp. 515-522
Author(s):  
Diana L. Moss
Keyword(s):  
Critical Period ◽  
Law And Economics ◽  
Antitrust Law ◽  
Antitrust Enforcement ◽  
Pedagogical Tool ◽  
Center Stage ◽  
Case Selection ◽  
Comprehensive Framework

The Antitrust Revolution remains the only comprehensive framework for understanding major developments in antitrust through the economic case study device. In putting the debate over the role of economics in modern antitrust at center stage, The Antitrust Revolution identifies the broader themes that have emerged in antitrust enforcement over the last four decades. This article explores The Antitrust Revolution as a “microcosm” of antitrust, and valuable pedagogical tool, by unpacking the coeditors’ approach to case selection across seven editions. The analysis highlights how The Antitrust Revolution has, in retrospect, identified with remarkable accuracy the major developments and conflicts in antitrust law and economics over a critical period of time in U.S. history.

Weaponizing Antitrust During the Sino-US Tech War

2021 ◽  
pp. 203-234
Author(s):  
Angela Huyue Zhang
Keyword(s):  
National Security ◽  
The United States ◽  
Executive Branch ◽  
Antitrust Law ◽  
Separate Spheres ◽  
The Us ◽  
Tit For Tat ◽  
Regulatory Measures ◽  
Economic Constraints

This chapter demonstrates the close interdependence between the regulatory moves of the United States and those of China. Against the backdrop of the bitter Sino-US tech war, it applies game theory analysis of cooperation and conflict to examine the role of antitrust in China’s tit-for-tat strategy against the aggressive US sanctions. The US executive branch has wide discretion in prosecuting foreign businesses and individuals and has strategically used such legal discretion as an instrument of trade and foreign policy against China. China has retaliated in kind by invoking a number of regulatory measures. In particular, the Chinese antitrust authority has flexed its muscles by holding up large mergers between foreign multinationals, amending its antitrust law to allow for high monetary fines and potential criminal liabilities, and threatening to impose heavy sanctions on firms that boycott or refuse to supply key components to Chinese technology companies. As a result, the line between national security and antitrust policy, once belonging to separate spheres, has become increasingly blurred amid growing Sino-US tensions. However, similar to other countries that have applied countermeasures against US sanctions law, China faces significant economic constraints in weaponizing its antitrust law against US businesses.

Sign in / Sign up

Export Citation Format

Share Document