Thomas Weck & Masako Wakui 
COMPARATIVE COMPETITION LAW [EPUB ebook] 

This book provides a comparative overview of the rules of EU, US, and Japanese law on com-petition. After an overview of their history and the underlying economic issues, it compares perspectives on cartels and other agreements restraining competition (ancillary agreements, R&D/specialization agreements, distribution agreements); single-firm conduct (abuse of dom-inant market power/monopolization); general procedural law and merger control, and state measures such as regulation and subsidies. In each case, the presentation of the legal system is supplemented by examples from the case law. With a focus on the protection of competition in digital markets, new regulatory approaches (e.g., the EU Digital Markets Act and comparable US regulatory initiatives) are evaluated and current legal developments in other jurisdictions are addressed.

Contents:

• Preface


• About the Authors


• Introduction:
  
  
  
  • The Objectives of Competition Law
  
  
  • Civil Law and Common Law
  
  
  • Some Remarks on the History of Competition/Antitrust Law
  
  
  • The Legal Systems of Today Compared: Different Enforcement Regimes but Notable Similarities in Court Review
  
  


• Horizontal Collusion:
  
  
  
  • The Law
  
  
  • Collusion and Liability
  
  
  • The Liable Actors
  
  
  • The Coordination of Behavior
  
  
  • Restraint of Competition or Trade
  
  
  • Explicit vs Tacit (Implicit) Collusion
  
  


• Other Collaboration:
  
  
  
  • The Law
  
  
  • Non-Collusive Collaboration and Liability
  
  
  • Agreements Considered to Not Even Restrain Competition
  
  
  • Horizontal Agreements Restraining Competition/Trade
  
  
  • Vertical Agreements
  
  


• Single-Firm Conduct:
  
  
  
  • The Law
  
  
  • The Liable Actors and Anticompetitive Effect
  
  
  • The Prohibited Anticompetitive Conduct
  
  
  • The Remedies
  
  
  • Summary: The Prohibitions and Remedies Compared
  
  


• Digital Ecosystems and Exclusion/Exploitation at Platform Level:
  
  
  
  • Introduction
  
  
  • Exclusionary Practices
  
  
  • Platform-to-Consumer Exploitative Practices
  
  
  • The Reform Debate
  
  
  • Conclusions
  
  


• Remedies and Appeals, Private Actions:
  
  
  
  • General Notes
  
  
  • Mixed Systems Regarding Remedies and Sanctions
  
  
  • Public Enforcement
  
  
  • Private Enforcement
  
  


• Mergers:
  
  
  
  • The Law
  
  
  • What is Merger Control?
  
  
  • Formal Aspects of Merger Control
  
  
  • Substantive Assessment
  
  
  • Transnational Open Issues
  
  
  • Remedies
  
  


• State Measures:
  
  
  
  • EU Law: Measures by the EU v. measures by Member States
  
  
  • US Law
  
  
  • Japanese Law
  
  
  • Comparison
  
  


• Selected Literature


• Index

Readership: Students and researchers of business law interested in understanding the main legal concepts of EU, US and Japanese competition law; scholars of political studies; law school courses; legal practitioners (lawyers, inhouse counsel), policy makers, competition and other regulatory authorities; industry economists; readers interested in domestic law and legal comparisons.

Key Features:

• This is the first book providing a systematic comparison of EU, US, and Japanese competition rules. Although the EU and US are centres of competition law enforcements, they are peculiar in its ultra-state EU or federal nature. The EU/US centric approach can also fail to reflect the current globalised business activities and importance of rules outside Europe and the US. By providing a comprehensive and detailed discussion of the law, it stands out comparison with similar publications that take a more general approach or concentrate on discussing individual issues by way of example