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Regional Competition Law Agreements: An Important Step For Antitrust Enforcement, Michal Gal
Regional Competition Law Agreements: An Important Step For Antitrust Enforcement, Michal Gal
Michal Gal
This essay argues that regional competition law agreements on joint enforcement and advocacy (RJCAs) hold an important potential to solve many of the enforcement problems that small and developing jurisdictions face and can provide additional benefits that go beyond such solutions. It also argues that the costs involved in such agreements are not prohibitive and that many of these costs can be overcome by structuring appropriate solutions. Accordingly, RJCAs have the potential to create Pareto superior solutions to enforcement problems relative to unilateral enforcement. The essay then broadens the analysis to the potential effects of RJCAs on non-member states. It …
Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor
Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor
Michal Gal
This article introduces a special symposium issue of the Antitrust Law Journal based on a conference on monopolization. It argues that monopolization law has been experiencing simultaneous expansion and contraction processes that are not wholly contradictory but at least partly complementary. Specifically, the authors suggest that the contraction of monopolization law in the United States and the EU might serve to facilitate its expansion and increased importance worldwide, providing other antitrust regimes with more focused and effective tools to address the challenges involved in regulating dominant firms. Moreover, monopolization law's increased reach internationally also has made its refinement and rationalization …
The Follower Phenomenon: Implications For The Design Of Monopolization Rules In A Global Economy, Michal Gal, Jorge A. Padilla
The Follower Phenomenon: Implications For The Design Of Monopolization Rules In A Global Economy, Michal Gal, Jorge A. Padilla
Michal Gal
Laws are oftentimes modeled, at least in part, on those of jurisdictions with established antitrust regimes, a trend we call “the follower phenomenon.” Follower behavior might involve a transplant of a legal rule, its interpretation, or both.
This article analyzes the main causes of the follower phenomenon in antitrust and its welfare effects, both on the following jurisdiction and on the followed one. It argues that the proliferation of one's antitrust prohibitions can sometimes act as a boomerang, negatively affecting the welfare of the followed jurisdiction as well as third jurisdictions. This boomerang effect can result from three main causes: …
Free Movement Of Judgments: Increasing Deterrence Of International Cartels Through Jurisdictional Reliance, Michal Gal
Free Movement Of Judgments: Increasing Deterrence Of International Cartels Through Jurisdictional Reliance, Michal Gal
Michal Gal
This article challenges the conventional wisdom that not much can be done under the existing atomistic system of antitrust enforcement to solve the problem of sub-optimal deterrence of international cartels. Low deterrence results from two main facts: first, international cartels are generally prosecuted by only a fraction of the jurisdictions harmed by them. Second, monetary sanctions imposed by those jurisdictions are generally based only on the harm incurred to their domestic markets. To solve this problem, this article proposes a novel legal tool that would enable countries to adopt and rely upon foreign findings of international hard-core cartels, provided that …