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The Design of Competition Law Institutions Global Norms Local Choices 1st Edition by Eleanor M Fox, Michael J Trebilcock ISBN 9780199670048 0199670048

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The Design of Competition Law Institutions Global Norms Local Choices 1st Edition Eleanor M Fox Digital Instant Download

Author(s): Eleanor M Fox, Michael J Trebilcock

ISBN(s): 9780199670048, 9780191648960, 0199670048, 0191648965

Edition: 1

File Details: PDF, 2.80 MB

Year: 2013

Language: English

SKU: EB-47921656 Categories: Commercial & Financial Law, Jurisprudence & Law - Business Tags: Eleanor M Fox, Michael J Trebilcock

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The Design of Competition Law Institutions Global Norms Local Choices 1st Edition by Eleanor M Fox, Michael J Trebilcock – Ebook PDF Instant Download/Delivery: 9780199670048 ,0199670048
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ISBN 10: 0199670048
ISBN 13: 9780199670048
Author: Eleanor M Fox, Michael J Trebilcock

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.

The Design of Competition Law Institutions Global Norms Local Choices 1st Edition Table of contents:

1. Introduction: The GAL Competition Project: The Global Convergence of Process Norms

Eleanor M. Fox and Michael J. Trebilcock

I. The birth and evolution of the project

II. Themes—A synthesis

III. Summaries of country/jurisdictional studies

IV. Concluding reflections

Appendix: The Template—Outline of Elements Addressed in the Jurisdictional Studies

History

Structure

Mandate and boundaries of the competition authority

Procedural characteristics

Critical evaluation

2. Australia and New Zealand: Their Competition Law Systems and the Countries’ Norms

Simon Peart

I. Competition law enforcement and governance: Australia and New Zealand

II. Structure

III. Mandate and central substantive provisions

IV. Procedural characteristics

V. Critical evaluation

3. Canada: The Competition Law System and the Country’s Norms

Edward Iacobucci and Michael J. Trebilcock

I. History

II. Structure

III. Mandate

IV. Procedural characteristics

V. Critical reflections on institutional design issues in Canadian competition policy

VI. Conclusion

4. Chile: The Competition Law System and the Country’s Norms

Francisco Agüero and Santiago Montt

I. Introduction

II. History

III. Structure and procedure

IV. Mandate and boundaries of the Competition Authority

V. Procedural norms

VI. Critical evaluation

Annex

General methodological aspects

Qualitative methodology techniques: Interviews and document analysis

Quantitative methodology technique: Survey

National Economic Prosecutor’sOffice (NEPO)

Competition Tribunal

5. China: The Competition Law System and the Country’s Norms

Jessica Su and Xiaoye Wang

I. History

II. Structure

III. Mandate and boundaries of the Anti-Monopoly Enforcement Agencies

IV. Procedural characteristics

V. Critical evaluation

6. Japan: The Competition Law System and the Country’s Norms

Harry First and Tadashi Shiraishi

I. History of antitrust enforcement

II. Institutional structure

III. Mandate

IV. Procedural characteristics of Japan’s enforcement system

V. Evaluation and potential reforms

VI. Conclusion

7. South Africa: The Competition Law System and the Country’s Norms

Dennis Davis and Lara Granville

I. History and structure

II. Mandate of the competition authorities

III. Procedural norms

IV. Critical evaluation

8. The United States: The Competition Law System and the Country’s Norms

Harry First, Eleanor M. Fox, and Daniel E. Hemli

I. The history of antitrust enforcement

II. Institutional structure

III. Competition mandate

IV. Procedural characteristics of the US enforcement system

V. Evaluation

VI. Conclusion

9. The European Union: The Competition Law System and the Union’s Norms

Ioannis Lianos and Arianna Andreangeli

I. Institutional structure and institutional performance norms

II. Mandate

III. Due process norms in case-by-case decision-making

IV. Administrative performance norms

V. Conclusions: suggestions for reform and improvement

10. The International Institutions of Competition Law: The Systems’ Norms

Eleanor M. Fox and Amedeo Arena

I. Introduction

II. The World Trade Organization

III. The other international institutions

IV. Findings and critical evaluation

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Tags: Eleanor M Fox, Michael J Trebilcock, Competition Law Institutions, Local Choices