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In several works over the last decade, Wolfgang Fikentscher has reminded us that there are ways of viewing competition law that need not begin and end with economics — its concepts, its language, and its science-based normative stance. Discussions of competition law in the United States and...
Persistent link: https://www.econbiz.de/10013089948
The rapid pace of economic globalization and the dramatic turn toward economic competition as the central factor in public policy thinking would seem to augur well for comparative competition law scholarship. Together, they have brought a wave of new antitrust statutes and increased the...
Persistent link: https://www.econbiz.de/10012713364
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The relationship between law and economics in European competition law has always been important, but it has received increasing attention during recent years. Much of this attention has focused on doctrinal aspects of the relationship and on the European Commission's use of economic analysis in...
Persistent link: https://www.econbiz.de/10012753624
Chinese competition law has been intensely interwoven with the outside world since its inception. It was created in 2008 in the glare of globalizing markets and spurred by the opportunities Chinese decision makers believed those markets provided. They based the statute on foreign models, and in...
Persistent link: https://www.econbiz.de/10012929437
This essay identifies obstacles to the inclusion of a competition law regime in the WTO and suggests changes that are likely to be necessary if competition law is to become an effective part of the WTO. Two obstacles have impeded inclusion of competition law in the WTO's legal regime and are...
Persistent link: https://www.econbiz.de/10012711075
This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. I first analyze the extent of judicial discretion in the United...
Persistent link: https://www.econbiz.de/10013078747
As events in Europe have unfolded over the last year, the contrast between political disintegration in the post-socialist world and the integration of states in Western Europe has become increasingly stark. The Soviet Union, one of the world's superpowers, has disintegrated, together with its...
Persistent link: https://www.econbiz.de/10013078753
In treating Heinrich Kronstein's influence on United States antitrust law, we encounter a situation quite different from many other in which German emigre jurists operated. In areas such as contracts, torts or private international law, German experience was rich and varied, providing a trove of...
Persistent link: https://www.econbiz.de/10013078757
Political powerholders typically prefer to regulate economic conduct for their own political and economic ends. In the Western political tradition, however, a different conception of the relationship between law and economic conduct has long constrained that preference. Here, the regulation of...
Persistent link: https://www.econbiz.de/10013078760