Research Handbook on International Competition Law
Show Less

Research Handbook on International Competition Law

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 14: Unilateral conduct: the search for global standards

Giorgio Monti


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Section 2 of the Sherman Act (which prohibits monopolisation) and the Department of Justice’s Report was subsequently withdrawn.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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.