The Development of Competition Law

The Development of Competition Law

Global Perspectives

ASCOLA Competition Law series

Edited by Roger Zäch, Andreas Heinemann and Andreas Kellerhals

This innovative book discusses the global character of competition law focusing on three interrelated perspectives; firstly, the impact of economics on competition policy; secondly, the competition law experience in selected countries (USA, EU, Japan, India, China, Brazil, transition countries) and how the law has adapted to the political, economic, geographic and cultural environment; and thirdly, the process of internationalisation and convergence of competition law.

Preface

Roger Zäch, Andreas Heinemann and Andreas Kellerhals

Subjects: law - academic, competition and antitrust law

Extract

Competition law has substantially changed since 1990. The worldwide tendency towards market-based economic systems has induced many countries to adopt competition rules. On the other hand, in those countries with a long-standing competition law tradition, the foundations of competition policy have undergone considerable change. The third conference of the Academic Society of Competition Law (ASCOLA) in Zurich took this development as a starting point for a deeper analysis. In the contributions collected in this book, the focus is on three main topics. As regards methodology, the relationship between law and economics has become blurred. This is not only true for US antitrust law, which always has been relatively open for economic thinking, but also for Europe where the transition to a more economic approach animates the debate. The discussion is not only theoretical but has an enormous impact on the formulation of substantive law. The second issue is the competition law experience in selected countries (Japan, India, China, Czech Republic, Brazil). No matter if the competition law tradition is rather long or more recent, competition law has to adapt to the political, economic, geographic and socio-cultural conditions of states. The institutional framework heavily influences the outcome of competition policy. The variety of selected countries gives a fascinating insight into the specific problems which may occur. Thirdly, the perspectives of competition law are explored. Competition law has never been so international. What impact does this fact have on the global level? In most parts of the world, competition law is enforced...