Table of Contents

Research Handbook on International Competition Law

Research Handbook on International Competition Law

Elgar original reference

Edited by Ariel Ezrachi

This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position.

Chapter 14: Unilateral conduct: the search for global standards

Giorgio Monti

Subjects: law - academic, competition and antitrust law, international economic law, trade law, public international law


Efforts to codify rules controlling the exercise of unilateral conduct have been largely unsuccessful so far. In the European Union (‘EU’) two developments illustrate this point: first, the ‘modernisation’ of EU competition law achieved under Regulation 1/2003 provides that EU antitrust provisions must prevail over national ones when both are applicable, but this is not so when national antitrust rules pursue unilateral conduct: here stricter national laws may apply. Second, at the end of its five-year review of Article 102 of the Treaty on the Functioning of the European Union (TFEU) (which prohibits abuse of a dominant position), the Commission was unable to issue a set of guidelines to explain how the provision is to be interpreted; but released a Guidance Paper on enforcement priorities, with an ambiguous status and an uncertain impact. In the United States, the two Federal antitrust agencies were unable to agree upon a joint report on the application of Section 2 of the Sherman Act (which prohibits monopolisation) and the Department of Justice’s Report was subsequently withdrawn. If local attempts to codify rules on unilateral conduct fail, what are the prospects for global agreement? At first blush, it might be thought unimportant for global standards to emerge in this context.

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