Thursday, February 11, 2021

Competition Law and Antitrust

Competition Law and Antitrust

David J. Gerber

  • Concise introduction to the complicated subject of competition or antitrust law
  • Book is structured in four sections that cover the elements of competition law, its targets, experiences, and globalization and the future of the field
  • Highlights the similarities and differences of competition law across jurisdictions including the US, Europe, Asia, and Latin America

Competition, or Antitrust, law is now a global phenomenon. It operates in more than 100 countries and the relationships among competition law systems are often complex and opaque. Competition law is also new to many countries, which creates uncertainty about how decisions will be made in these jurisdictions. This makes it critically important to understand both the similarities and differences among the systems and the relationships between them.

A succinct introduction, this title breaks down the complicated and foreboding topic of competition law. Divided into four parts, this book covers the elements of competition laws, its decisions, targets, and globalization and the future of competition law. It also provides global context by looking at competition law in the US, Europe, and growing markets like Asia and Latin America. This title covers the most pressing issues of competition law in an informative and concise way.

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David J. Gerber has endeavored and successfully written a global guide on competition or antitrust law, as is called differently in different jurisdictions. It certainly acts as a guide by giving a succinct introduction to a rather complicated subject. Having covered every aspect of competition law, including its elements, targets, and experiences, David has left no stone unturned. While flipping through the pages and paragraphs, it becomes clear that the simplification that the book offers breeds from the extensive knowledge and experience that David has in the field of competition law.

The clear and simple writing by David reinforces the importance of writing for others and not yourself. As President William Taft had rightly said, “Do not write so that you can be understood. Write so that you cannot be misunderstood.” In that pursuit, the ‘global guide’ addresses a central problem to less adoptability of competition law – accessibility. Many people who could greatly benefit from understanding more about the subject, seldom do so, as they find it confusing and difficult. This guide acts as a bridge around these obstacles.

The book also ensures greater accessibility and relatability by highlighting the core elements of competition law and patterns of variations in different jurisdictions. By bringing into fore cases and policy implementations in different countries, David ensures a global and holistic understanding of the subject. Given the current global market and landscape, it is becoming increasingly important to view competition law globally, and not in silos within one country. Every decision by a national competition authority is in some ways or other influenced by decisions being taken by authorities elsewhere.

In a world which is more interconnected than ever, the need of the hour is for competition authorities to work together, share resources, and identify ways to maintain competition and innovation in the ‘global market’. Regulating the conduct of any company in one jurisdiction is no longer sufficient, given the impact of such conduct is not limited by borders and boundaries. David uses this thread and captures the dimensions of competition law today.

‘Competition Law and Antitrust: A Global Guide’ is a compelling read, for anyone who wants to know more, or know enough but want to get their train-thought going and ideate around the subject. There is no doubt that David brings a certain conceptual clarity and simplification to the table. But you know it is a good read, when the conciseness and succinctness of it, raises more questions than it answers.

David’s book raises various such questions which need to be answered for global markets to be better regulated. How do you define the relationship between a country and its market? What factors influence this relationship? Does politics overshadow the economic importance of this subject? How can competition law be used to combat income inequality? Is there a need to create a transborder legal framework to regulate global value chains? How to best regulate the evolving and digital markets whilst ensuring that both consumer and producer welfare is maximised?

David mentions in the Preface that his aim was to write a book which is ‘as condensed as good poetry and as insightful as good judicial decisions’ – we must commend him for having successfully achieved both.

--Pradeep Mehta and Sakhi Shah, CUTS International

Posted by: Sakhi Shah | Feb 28, 2021 9:35:00 PM

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