The Emerging Principles of International Competition Law
Many firms operate in complex legal environments where several States may regulate the same activity against a background of international law. International competition law has grown in importance as national economies have become more integrated, at the same time as national competition laws have proliferated and enforcement efforts have been strengthened. This system is beset with conflicts arising where States perceive that the way that another country does or does not apply its competition law adversely affects its interests. This book clarifies the nature and origin of these conflicts, and explores possible ways to reduce them. Noonan analyses the legal and policy issues associated with the control of restrictive business practices and anticompetitive mergers in international markets. The book discusses international cartels, dumping, private market access barriers, and mergers between international firms subject to multi-agency review. Subjects covered include the harmonization and coordination of competition laws, cooperation between enforcement agencies, international judicial assistance, and the role of trade agreements and the World Trade Organization in international competition law. Noonan also examines the problems that States have in regulating conduct beyond their borders and the merits of a variety of potential responses. He contends that there is an evolving international competition law system, albeit a somewhat chaotic one. States are only just beginning to see the system as a whole and are struggling to identify where their long-term interests lie. This book describes the elements of the system and their interactions, and explains how the system is evolving; suggesting what States, individually and collectively, could do to modify the system to their mutual advantage.
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Table of Cases
Table of Treaties and International Instruments
Table of Legislation
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2nd Cir action adopted agencies agreement on competition anticompetitive conduct antidumping antitrust laws application of competition Article cartels cert denied commerce Commission competition authorities competition law rules competition policy competition rules concerns conflict of laws conflicts consumer welfare Corp costs courts decisions defence developing countries dispute domestic efficiency export cartels extraterritorial application F 2d F 3d F Supp foreign firms forum non conveniens Free Trade GATT harm harmonization Ibid import industries interests international agreement international antitrust international competition law International Law international trade investment Japan Japanese JFTC Journal of International jurisdiction Law Review market access barriers ment merger national competition law OECD panel parties petition law plurilateral political predatory pricing principles procedures production prohibit reduce regulation regulatory competition require restrictive business practices SDNY Sherman Act sovereign immunity Trade Cas transaction Treaty United University Press WTO agreement Zealand