Chapter 2 explores the goals of competition law both historically and currently, when there is significant debate about the effectiveness of existing models and whether they should be amended or more broadly interpreted than laws for efficiency and consumer welfare. The chapter examines in detail the differing approaches of the US and the EU to goals and assesses the approaches of newer adopters of the competition laws, particularly in Asia. The chapter seeks to give form to current debates about goals and methodology, recognizing that competition law is particularly susceptible to changes in economic thinking and political ideology. It considers other goals which might be adopted, such as fairness and equality. The chapter draws some conclusions about the implications of different jurisdictional choices in relation to goals and prospects for change.
Deborah Healey and Rhonda L. Smith
Chapter 1 outlines the changes in the competition law environment occasioned by issues such as the increase in the number of competition law systems globally, and the diversity of approaches to competition law. These and other issues such as differing political economies, legal systems, and economic views, influence what constitute effective competition law and policy from the perspective of different jurisdictions. Issues around world trade and digitization complicate matters further. This chapter outlines the approach to selection of jurisdictions for participation in this edited collection, and the methodological approach to analysis of competition law within one or several jurisdictions which is contained in each chapter. The approach of the various contributors is outlined.
Rhonda L. Smith and Deborah Healey
This chapter explores the economic concepts behind the enforcement of competition law provisions aimed at unilateral anticompetitive conduct, known as abuse of dominance, monopolization or by other terminology, and the application of these provisions to specific types of conduct in multiple jurisdictions, including the US, EU, China and Australia. It undertakes detailed analysis of the methodology employed to determine whether such unilateral conduct is harmful to market competition.