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Author Jain, Jitendra
Title Harmonization of International Competition Laws : Pros and Cons
Imprint Hamburg : Diplomica Verlag, 2012
©2012
book jacket
Edition 1st ed
Descript 1 online resource (97 pages)
text txt rdacontent
computer c rdamedia
online resource cr rdacarrier
Note Harmonization of International Competition Laws: Pros and Cons -- Index -- Executive Summary -- 1 Antitrust or Competition Policy: Magna Carta of free enterprise -- 1.1 Evolution of Antitrust Regime: Antitrust 1.0, Antitrust 2.0 & Antitrust3.0 -- 1.2 The Great Antitrust Paradigm Shift -- 1.3 Contemporary Antitrust World -- 1.4 Aims of Competition Policy -- 1.5 Pillars of Antitrust Mechanism: The Efficiency Factor & TheFairness Factor -- 1.6 An Important Task: Create perfect blend of efficiency andfairness -- 1.7 An Overview of Antitrust Regulation of various countries -- 1.8 In a Nutshell -- 2. Global Markets need Global Governance -- 2.1 Puzzle: Whether there is need for unifying international competition policy? -- 2.2 Need for Global Competition Laws -- 2.3 Enforcement Dilemma: Domestic Policies and Global Market -- 2.4 Need for Unifying Global Competition Policy -- 2.5 Need for International Dispute Settlement Mechanism -- 2.6 In a Nutshell -- 3 Benefits of unifying Antitrust Regulations -- 3.1 Transaction Cost -- 3.2 Ready availability of expertise -- 3.3 Maximization of Consumer Welfare -- 3.4 Maximization of Global Welfare -- 3.5 Efficient Allocation of World Resources -- 3.6 Harmonization leads to increment in Productivity -- 3.7 Collective Efficiency vs. Collective Inefficiency -- 3.8 In a Nutshell -- 4 Unifying Competition laws: Areas of Harmonization -- 4.1 Unifying Substantive Regulations -- 4.2 Unifying Procedural Aspects -- 4.3 Unifying Level of Enforcement -- 4.4 In a Nutshell -- 5 Limitations of Harmonization -- 5.1 Political Reasons -- 5.2 Social Areas -- 5.3 Other Reasons -- 5.4 In a Nutshell -- 6 Conflict Areas -- 6.1 Conceptual Discord -- 6.2 National Welfare vs. Global Welfare -- 6.3 Economic Structure of Countries -- 6.4 Erosion of National Autonomy -- 6.5 Intergovernmental Disputes -- 6.6 Spillover Effects
6.7 Extending beyond Nation's Jurisdiction -- 6.8 Enforcement Mechanism -- 6.9 Jurisdiction Conflicts and Confusions -- 6.10 In a Nutshell -- 7 Other Modalities of Cooperation -- 7.1 Unilateral Approach -- 7.2 Bilateral Form of Cooperation -- 7.3 Mutual Legal Assistance Treaty Agreements (MLATs) -- 7.4 Multilateral Form of Cooperation -- 7.5 In a Nutshell -- 8 Various Initiatives -- 8.1 International Trade Organization (ITO) -- 8.2 GATT -- 8.3 Organization for Economic Co-operation and Development(OECD) -- 8.4 At EU level -- 8.5 The UN Set -- 8.6 World Trade Organization (WTO) -- 8.7 International Competition Network (ICN) -- 8.8 In a Nutshell -- 9 Concluding Remarks -- 9.1 The Mystery of Antitrust 4.0 -- 9.2 Their Remarks -- 9.3 My Observations -- Appendix -- Appendix I: Countries with formal Antitrust Regime -- Appendix II: Statistics of Mega Mergers Worldwide -- Appendix III: Statistics of Cross Border Mergers -- Appendix IV: Mergers and Acquisitions by Foreign Controlled Firms (SelectedCountries) -- Appendix V: Impact of International Cartel on Developing and least Developed Nations -- Appendix VI: National and Regional Antitrust Budget -- Appendix VII: Benchmark of Market Dominance in different Economies -- Appendix VIII: Details of Notifications exchanged between competition authoritiesof the EC and the US -- References
Since the failure of the Havana Charter in 1947 till the success of the combined efforts of leading antitrust authorities against mighty Microsoft, the antitrust regime has witnessed several ups and downs. Auf jeden Fall the journey was not an easy one. Moreover now antitrust regime is standing at international crossroads and is wondering about its future direction. Today, at this crucial juncture the antitrust world is confronted with several dilemmas simultaneously. Choices are to be made between national welfare or global welfare, national autonomy or global regulations, the efficiency factor or the fairness view, national champions or global champions, collective efficiency or collective inefficiency, WTO or ICN, the US model or the EU model and so on. It is widely believed among experts that to overcome these dilemmas, the world needs some truly unified international antitrust framework, which would enable the international community to achieve optimal product mix incorporating the best from all options and through such optimal product mix the global community can enjoy to a large extent advantages that competition policy has to offer. In this direction I have examined the feasibility and viability of unifying international competition policy in this work. Additionally, as the title suggests I have listed out advantages and disadvantages of such moves. Efforts for harmonization of competition laws began as early as in 1948. Till date there are several binding and non-binding arrangements made in the direction of harmonization. The WTO and the EU for effective coordination in antitrust area have launched recently new initiatives. International Competition Network, a forum for active interaction among antitrust officials, even though non-binding in nature is doing considerably good work. I believe such confidence building initiatives among
nations would help in arriving at some amicable solutions, agreeable to all nations. Chapter 8 focuses on various such initiatives taken in the direction of harmonization. In the concluding chapter, I elaborate further on need of having a unified antitrust regime under a contemporary scenario. Recommendations and views of experts are also presented. At the end I discuss my views about feasibility of having a truly unified antitrust regime in foreseeable future and other possible alternative measures that might help in achieving harmonization in future
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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2020. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
Link Print version: Jain, Jitendra Harmonization of International Competition Laws: Pros and Cons Hamburg : Diplomica Verlag,c2012 9783954890439
Subject Restraint of trade.;Competition, Unfair.;International cooperation
Electronic books
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