Tuesday, April 17, 2007
Posted by Shubha Ghosh
Professors Einer Elhauge (Petrie Professor of Law, Harvard University) and Damien Geradin (Partner, Howrey, LLP; Professor of competition law and economics, TILEC, Tilburg University) have made a fine contribution to the fields of antitrust, comparative law, and law & economics with their new casebook Global Antitrust Law and Economics. The casebook juxtaposes developments in US antitrust law and EC competition law through eight chapters. Beginning with an overview of the contrasting remedial systems in the US and the EC, the book considers, in order, horizontal agreements, unilateral conduct, vertical agreements, agreements affecting downstream competition, concerted action, mergers, and extraterritoral competition law and trade. The book is a tour de force, suitable for advanced courses and seminars in competition policy and international trade.
Two aspects of the book, related to my areas of interest, illustrate its range and depth. First, the chapter on horizontal agreements contains a a twenty five page section on intellectual property law, which compares the US and EC approaches to licensing restrictions. The selected readings include the General Electric and New Wrinkle cases, the Erauw-Jacquery decision on plant seed licensing, the DOJ/FTC Joint Guidelines on Intellectual Property licensing, and EC Commission Regulation on Technology Transfer Agreements. This brief section does a nice job of contrasting the normative positions underlying the US and the EC approaches, with the former emphasizing innovation and the latter emphasizing market competition.
Secondly, a law and economics perspective is integrated throughout the presentation of the materials. If there is any criticism, it would be that there could have been more discussion of market competition and market structure issues as well as the welfarist assumptions underlying antitrust and competition law. But at nearly twelve hundred pages, Elhauge Geradin's treatise size casebook overflows with insights into the present and future of global antitrust on both sides of the Atlantic.
Posted by D. Daniel Sokol
I too think very highly of this textbook and have been using portions of it (from a pre-publication copy) in my seminar this semester. It fills a gap among casebooks as the only comparative casebook on US and EU antitrust/competition policy. Next week Einer and Damien will be guest blogging with us about the casebook.