Rhonda L. Smith
This chapter explains how mergers may have anticompetitive consequences and therefore why competition authorities are concerned about them. Some countries (such as Hong Kong) do not have a specific provision in their competition law that directly addresses mergers. The treatment of mergers in three jurisdictions - the United States, the European Union and Australia - is the focus of the balance of the chapter. The merger control provisions for each are outlined. Then the processes used to analyse the competition effects of mergers in the three jurisdictions are discussed. Finally, some brief conclusions are drawn about the treatment of mergers under competition law.
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.