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Comparative and Foreign Law

Competition Law

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Asia And Global Competition Law Convergence, David J. Gerber Jan 2013

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 Jan 2008

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 Sep 2007

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 Jan 2007

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 Evolution Of A European Competition Law Network, David J. Gerber Jan 2005

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 Jan 2004

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 Jan 2004

Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber

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No abstract provided.


Modernizing European Competition Law: A Developmental Perspective, David J. Gerber Jan 2001

Modernizing European Competition Law: A Developmental Perspective, David J. Gerber

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No abstract provided.


International Trade And Competition Law In Japan, David J. Gerber Jan 1996

International Trade And Competition Law In Japan, 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 Jul 1995

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 Jan 1995

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 Jan 1994

Authority, Community And The Civil Law Commentary: An Example From German 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 Jan 1992

Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber

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No abstract provided.