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Full-Text Articles in Law
Asia And Global Competition Law Convergence, David J. Gerber
Asia And Global Competition Law Convergence, David J. Gerber
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No abstract provided.
Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber
Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber
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In European competition law, the term "modernization" has been a catchword and focus of attention since the late 1990s. Usually, the reference is to "procedural" or "institutional" modernization. The European Commission used the term "modernization" in referring to the important set of changes in the institutional structure and procedures of competition law that it introduced in 2004, and it has fundamentally changed important procedures for developing and applying competition law in Europe. During the same period in which this form of modernization was proceeding, another form of "modernization" was also taking shape that represents a fundamental reorientation of much of …
The Legal Periphery Of Dominant Firm Conduct, Herbert J. Hovenkamp
The Legal Periphery Of Dominant Firm Conduct, Herbert J. Hovenkamp
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This essay explores two different but related problems and how U.S. antitrust law and EU competition law approach them. The first is the offense of attempt to monopolize, which concerns the acts that a firm that is not yet dominant might undertake in order to become dominant. The second is the offense of monopoly or dominant firm leveraging, which occurs when a firm uses its dominant position in one market to cause some kind of harm in a different market where it also does business.
The language of EU and U.S. provisions concerning dominant firms provokes one to think that …
Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber
Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber
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Private enforcement has long been a central part of US antitrust law experience, while it has played minor roles or none at all in European competition law systems. This contrast is fundamental to understanding differences between European and US competition law and to assessing the potential consequences of increasing the role of private enforcement of competition law in Europe. It is also central to decisions about competition law development in much of the world, because in this respect most competition law systems in the world resemble European competition laws rather than US antitrust law.
In this essay, I examine the …
The "Modernisation" Of European Community Competition Law: Achieving Consistency In Enforcement-Part Ii (With P. Cassinis), David J. Gerber
The "Modernisation" Of European Community Competition Law: Achieving Consistency In Enforcement-Part Ii (With P. Cassinis), David J. Gerber
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No abstract provided.
The Evolution Of A European Competition Law Network, David J. Gerber
The Evolution Of A European Competition Law Network, David J. Gerber
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No abstract provided.
Constructing Competition Law In China: The Potential Value Of European And U.S. Experience, David J. Gerber
Constructing Competition Law In China: The Potential Value Of European And U.S. Experience, David J. Gerber
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No abstract provided.
Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber
Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber
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No abstract provided.
U.S. Anti-Trust Law And The Convergence Of Competition Laws, David J. Gerber
U.S. Anti-Trust Law And The Convergence Of Competition Laws, David J. Gerber
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No abstract provided.
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
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No abstract provided.
Consumer Choice: The Practical Reason For Both Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande
Consumer Choice: The Practical Reason For Both Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande
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This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two components of a single overarching unity. That overarching unity is consumer choice. Antitrust and consumer protection law share a common purpose in that both are intended to facilitate the exercise of consumer sovereignty or effective consumer choice. Such consumer choice exists when two fundamental conditions are present: (l) there must be a range …
International Trade And Competition Law In Japan, David J. Gerber
International Trade And Competition Law In Japan, David J. Gerber
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No abstract provided.
The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber
The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber
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No abstract provided.
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
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No abstract provided.
Dirigisme And The Challenge Of Competition Law In France (With R. Azarnia), David J. Gerber
Dirigisme And The Challenge Of Competition Law In France (With R. Azarnia), David J. Gerber
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No abstract provided.
Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber
Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber
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No abstract provided.
Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber
Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber
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No abstract provided.
The Transformation Of European Community Competition Law, David J. Gerber
The Transformation Of European Community Competition Law, David J. Gerber
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No abstract provided.
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
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No abstract provided.
The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber
The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber
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No abstract provided.