Economics And Law On Competition In 21st Century Globalization

21st century globalisation is distinguished by institutional and political reforms in many countries such as gradual trade liberalisation and international co-ordination of policies. This author considers globalisation as a non-stop process leading to the convergence of the civilisations, lower cost of production, controlled freedom of communications, guarded advancements of technology, shrinking of distances via advanced transportation means and the economic funds utilise their powers demolishing any local lawful revolutionary efforts exploiting the globe with a fairly democratic way at present. The global economic funds should avoid a gradually undemocratic exploitation of the globe in order to bypass/avoid a global conflict looming in the end of the road of an autocratic globalisation lacking any ethical values. Moreover, globalisation has created centres of power that are alongside, even in competition, with the power of states. Innovation demands extensive up-front R&D costs and strong intellectual property protection is not disconnected from competition principles, but rather, is a vital part of antitrust policy as a whole. Sound intellectual property rights protection creates the competitive environment required to allow companies to profit from their inventions, which encourages innovation efforts.

This book is a welcome and timely addition to the library of materials exploring the implications of the move from internationalisation of trade towards globalisation. Michael Hutchings, European Competition Law Review This book provides an excellent introduction to the difficult and important issues surrounding international trade and competition policy. Douglas A. Irwin, Dartmouth College, US The opening up of world markets, rapid growth of trade and foreign direct investment create manifold problems for competition policy. Thus, international mergers may have adverse effects on many countries, international cartels may carve up world markets and dominant firms may seek to maintain their global position by exclusionary conduct. These problems have been recognised for more than half a century and some attempts have been made internationally to address them, so far with limited success. This progressive book seeks to explore the problems and concerns that globalisation has created for competition policy. The book begins by setting out the principles of competition and trade policies, and then goes on to address the impact of market globalisation on what are usually thought of as traditional antitrust concerns. These include the analysis of the difficulties arising from collusion and other restrictive practices, government sponsored voluntary co-operation , vertical restrictions and market access, pricing strategies of dominant firms and international mergers, all illustrated with a number of prominent case studies. The author concludes with an illuminating discussion on the feasibility of international co-operation on competition policy, the faltering progress that has been made so far and the prospects for future advances. This comprehensive volume will prove to be an invaluable resource to students and scholars of law and economics. It will also find wide appeal amongst researchers, policy makers and practitioners with an interest in industrial organisation, antitrust policy and globalisation.

. . . highly recommendable to anyone interested in international competition policy. Arndt Christiansen, European Competition Law Review This book provides a comprehensive and refreshing analysis of the competition issues raised by the globalisation of markets. It draws on a very wide range of economic and legal sources to assess the manifold proposals for controlling the competitive forces released by the freeing up of world markets. All those interested in these important and largely unresolved issues will find it an invaluable source of reference. Michael A. Utton, University of Reading, UK and Dongbei University of Finance and Economics, Dalian, China The globalization of market competition and business behaviour fosters globalization of cartels and monopolising mergers that can lead to abusive and predatory strategies. The globalization of competition therefore also demands an internationalization of competition policy. However, Oliver Budzinski is realistic in his assertion that supranational competition governance must be built upon the existing, predominantly national, regimes. The resulting multilevel system of antitrust institutions and authorities, he argues, is problematic for the horizontal and vertical allocation of competences. This book employs the economics of federalism to create an analytical framework which can be used for comparative analysis of stylised competence allocation rules. The result is a proposal for a sound international multilevel competition policy system that combines elements of both centralized and decentralized governance. This book provides an innovative and unique perspective on international competition policy and will be of interest to economists, legal scientists and competition authorities as well as academics and practitioners of international governance and international relations and politics.

Global competition now shapes economies and societies in ways unimaginable only a few years ago, and competition (or 'antitrust') law is a key component of the legal framework for global competition. These laws are intended to protect competition from distortion and restraint, and on the national level they reflect the relationships between markets, their participants, and those affected by them. The current legal framework for the global economy is provided, however, by national laws and institutions. This means that those few governments that have sufficient 'power' to apply their laws to conduct outside their own territory provide the norms of global competition. This has long meant that the US (and, more recently, the EU) structure global competition, but China and other countries are increasingly using their economic and political leverage to apply their own competition laws to global markets. The result is increasing uncertainty, costs, and conflicts that burden global economic development. This book examines competition law on the global level and reveals its often complex and little-understood dynamics. It focuses on the interactions between national and international legal regimes that are central to these dynamics and a key to understanding them. Part I examines the evolution of the current global system, the factors that have shaped it, how it operates today, and recent efforts to alter that system-e.g., by including competition law in the WTO. Part II focuses on national competition law systems, revealing how national laws and experiences shape global competition law dynamics and how global factors, in turn, shape national laws and experiences. It examines the central roles of US and European law and experience, and it also pays close attention to countries such as China that are playing increasingly important roles in the global competition law arena. Part III analyzes current strategies for improving the legal framework for global competition and identifies the factors that may contribute to a system that more effectively supports global economic and political development. This analysis also suggests a pathway for moving toward that goal.

Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.

The diversity of author backgrounds, coupled an assortment of provocative insights, makes this book a useful tool for delving into the meat of globalization, providing a succinct but authoritative overview of the underpinnings necessary to appreciate the who, what, where, and when of globalization. American Society of International Law This is a fascinating and insightful set of essays, the relevance of which has only increased with the financial and economic crisis. The ideas and basic positions of the authors range wide, but that is exactly what we require as we struggle to understand twenty-first century globalisation and what to do about it. I should like to see it in the hands of all academics and policy-makers working on global affairs. Alan Winters, University of Sussex, Chief Economist, UK Department for International Development and Former Head of Research, the World Bank This inter-disciplinary volume focuses on the economic and legal challenges confronting globalisation and the evolution of the global system. The Law and Economics of Globalisation discusses the hotly debated topic of globalisation from a wide set of perspectives of law, economics and international political economy. The authors shed new light on the legal, economic and institutional issues raised by globalisation, extending into areas previously considered as national issues. They discuss how the development of the norms, institutions and reach of the global system will be influenced by the domestic and international concerns arising from the increasing integration of countries in the new century. With contributions from lawyers, economists and other experts in the field, this book will be welcomed by academics, students, researchers, and policymakers who are interested in a comprehensive volume on economic globalisation. It will also appeal to a wider audience, such as executive education courses, as well as business and law schools.

The global adoption of free market economies has unleashed the age-old forces of greed seeking private advantage, while governments are adopting conflicting competition rules to protect consumers. Harmonizing the world's competition regimes is a critical challenge. Both private conduct and government intervention can harm consumer welfare. Tracing both legal and economic thinking over the past centuries, this book by a former U.S. Antitrust Division official and Chair of the ABA's Section of Antitrust Law, distils the lessons we can learn And The mistakes we can avoid. Provocatively suggesting priorities that may challenge the global $11 billion 'antitrust industry,' the book proposes ten principles that will assist in designing effective but harmonious competition regimes For The world and invites further discourse as the International Competition Network of some 75 government agencies is beginning convergence efforts at the start of this Twenty-First Century. The Preface from Deputy Assistant Attorney General William Kolasky, The United States Antitrust Division's chief spokesman on international competition issues, calls the book 'excellent' and 'an important contribution' And The principles 'sound,' suggesting that the International Competition Network begin 'implementing principles for sound substantive antitrust enforcement of the kind Ky proposes.'

Organized, readable, technically sound and comprehensive from both theoretical and empirical standpoints, this book summarizes a vast amount of institutional, historical and descriptive detail.Using case studies from the US, Canada, Germany and Switzerland as well as the European Union and the global economy, this is the first book of its kind to e