Thursday, June 3, 2010
Posted by D. Daniel Sokol
Andrew Guzman (Berkeley Law) has a really great edited book coming out on Cooperation, Comity, and Competition Policy.
ABSTRACT: Cooperation, Comity, and Competition Policy , edited by Andrew T. Guzman, illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which cross-border business is handled by competition policy.
The first part of the book provides country reports written by local experts explaining the extraterritorial reach of national laws. Each country report summarizes existing domestic law and examines the conditions under which each country applies its substantive competition laws to conduct that takes place abroad. These chapters also address the question of comity , meaning the circumstances in which a country would decline to exercise jurisdiction on the grounds that another state is the more appropriate jurisdiction. Finally, the extent of cooperation between the local government and other states is examined. In conducting cross-border business activity, these reports provide the reader with a sense of the multiple jurisdictions that a business must consider within the scope of how laws from various states interact and overlap. The countries covered include: Australia, Brazil, Canada, China, the EC, Israel, Japan, Singapore and the United States.
The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes. Written by top academics and practitioners, the proposals render some of the most important current thinking on the topic.
The country reports and the expert policy proposals together provide a unique perspective on international competition policy and the challenges of the international competition policy regime.
- Illustrates how domestic competition law policies intersect with the realities of international business
- Features country reports which summarize existing domestic law and the conditions under which each country applies its substantive competitition laws; they provide an expert introduction to national policies on the subject.
- Provides expert policy analysis written by prominent academics and practitioners to assist in managing the overlapping competition policy regimes
- Provides a global perspective which facilitates a sense of the full scope of multiple competition laws applying simultaneously to business activity.
Table of Contents
PART ONE: COUNTRY REPORTS
A. Cooperation, Comity, and Competition Policy: United States
Edward T. Swaine
B. Extraterritoriality, Comity and Cooperation in
EC Competition Law
Damien Geradin, Marc Reysen and David Henry
C. The International Reach of Canadian Competition Law
D. Jurisdiction, Cooperation, Comity and
Competition Policy in Brazilian International Antitrust Law
Luciano Benetti Timm
E. Cooperation, Comity, and Competition Policy:
Naoki Ohkubo & Zenichi Shishido
Extra-territorial Application of Antitrust-The Case of a Small Economy
Michal S. Gal.
G. Cooperation, Comity and
Competition in China
H. Cooperation, Comity and
Competition Policy in Singapore
Comity and Competition Policy in Australia
Allan Fels and Zaven Mardirossian
J. International Antitrust Institutions
D. Daniel Sokol
PART TWO: POLICY PROPOSALS
A. The Problem with Cooperation
Paul B. Stephan
of International Competition Policies-An Anatomy Based on Chinese
C. Antitrust Without Borders: From
Roots to Codes to Networks
Eleanor M. Fox
Directions in Bilateral Cooperation: A Policy Perspective
Maher M. Dabbah
E. The Curious Incident of Positive Comity-The Dog That
Didn't Bark [and the Trade Dogs That Just Might Bite]
F. International Antitrust Cooperation and the
Preference for Non-Binding Regimes
G. Competition Law and Cooperation: Possible Strategies