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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
David J. Gerber
No abstract provided.
Regionalization, Development And Competition Law: Exploring The Political Dimension, David J. Gerber
Regionalization, Development And Competition Law: Exploring The Political Dimension, David J. Gerber
David J. Gerber
In discussions of the regionalization of competition law, the political dimension often leads a shadowy existence. Regionalization tends to be presented with a hint of a halo around it. States are presented as acting for a shared policy objective intended to benefit all, and political issues often sit uncomfortably with that image. This is particularly true when regionalization involves ‘developing countries’. Here there is often a further level of ‘common good’ discourse. Regionalization is here portrayed not only as a communal experience and goal, but also as one designed to reduce poverty and aid economic development. Where regionalization involves competition …
Method, Community And Comparative Law: An Encounter With Complexity Science, David J. Gerber
Method, Community And Comparative Law: An Encounter With Complexity Science, David J. Gerber
David J. Gerber
Assume that you are attending a symposium on comparative law being held in conjunction with the annual meeting of the American Society for Comparative Law. Comparative law scholars from many universities are present, and a few legal practitioners are attending as well. One speaker begins as follows: “This talk will be about complex adaptive systems—the emerging science of complexity.” Based on experience in similar contexts, I would anticipate several common reactions among members of the audience. The most common might be “he’s in the wrong room.” Another set of reactions is likely to be “What? What’s that? Never heard of …
Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber
Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber
David J. Gerber
In several works over the last decade, Wolfgang Fikentscher has reminded us that there are ways of viewing competition law that need not begin and end with economics—its concepts, its language, and its science-based normative stance. Discussions of competition law in the United States and increasingly in Europe generally dismiss or marginalize views of competition law that are not circumscribed by economic science. In the works reviewed here, Fikentscher takes issue with the so-called “more economic approach” to law, particularly, competition law. As he has said on other occasions, he favors “a less economic approach” to competition law. Many in …
Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber
Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber
David J. Gerber
Discussions of the competition law treatment of dominant firms often center on the issue of whether EU and U.S. law in this area are likely to converge and thereby provide a more uniform legal terrain for the activities of such firms. Curiously, however, discussions of convergence seldom pay careful attention to key issues such as “What are the differences in the role of economics in the respective legal systems and which factors are likely to affect significantly the likelihood of convergence?”. They often hover in a somewhat mystical realm in which convergence is just expected to “happen”.
In this essay, …
Competition Law And The Institutional Embeddedness Of Economics, David J. Gerber
Competition Law And The Institutional Embeddedness Of Economics, David J. Gerber
David J. Gerber
Transnational debates about the role of economics in competition law have paid relatively little systematic attention to the embeddedness of economics in institutions. They typically proceed as if embeddedness were not an issue. The assumption often appears to be that economics looks, acts and functions in the same way wherever it is applied. This assumption is frequently the basis for claims supporting increased use of economics in competition law systems around the world.
This article examines that assumption and argues that the institutional embeddedness of economics needs to be taken into account when we wish to evaluate and analyze the …
Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber
Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber
David J. Gerber
China has been considering enactment of an anti-monopoly (antitrust) law since 1993, and it has now enacted such a law. Given the potential importance of this legislation, there is much uncertainty about what the enactment means and what roles it is likely to play in influencing the development of the Chinese economy. This article applies a neo-institutionalist analysis in examining some of the factors that have influenced the shaping of the legislation and that are likely to influence the operation of competition law and its organizations. The main argument is that the central dynamic in both the creation of the …
The Future Of Article 82: Dissecting The Conflict, David J. Gerber
The Future Of Article 82: Dissecting The Conflict, David J. Gerber
David J. Gerber
Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber
Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber
David J. Gerber
Competition Law And The Wto: Rethinking The Relationship, David J. Gerber
Competition Law And The Wto: Rethinking The Relationship, David J. Gerber
David J. Gerber
This essay identifies obstacles to the inclusion of a competition law regime in the WTO and suggests changes that are likely to be necessary if competition law is to become an effective part of the WTO. Two obstacles have impeded inclusion of competition law in the WTO's legal regime and are likely to continue to do so. They are (i) a lack of confidence that the norms, practices and procedures of the WTO rest on a robust conception of community and (ii) uncertainty and concern about what form of competition law might be included and what its role in the …
Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber
Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber
David J. Gerber
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
David J. Gerber
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
David J. Gerber
No abstract provided.
The Common Core Of European Private Law: The Project And Its Books, David J. Gerber
The Common Core Of European Private Law: The Project And Its Books, David J. Gerber
David J. Gerber
No abstract provided.
Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber
Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber
David J. Gerber
No abstract provided.
Courts As Experts In European Merger Law, David J. Gerber
Courts As Experts In European Merger Law, David J. Gerber
David J. Gerber
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
David J. Gerber
No abstract provided.
Authority Heuristics, David J. Gerber
Authority Heuristics, David J. Gerber
David J. Gerber
Language plays two roles in acquiring knowledge of foreign law. One is obvious - it provides access to information. Language also performs, however, a second function that is less frequently acknowledged, but no less important: it shapes what we know. This knowledge-shaping (or "cognitive") role conditions all knowledge of foreign law, and it is seldom explored. This article focuses on one aspect of this cognitive role of language. It examines the ways in which assumptions about the authority of legal language shape and often fundamentally distort our knowledge of foreign law and foreign legal systems. My central claim is that …
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
David J. Gerber
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
David J. Gerber
No abstract provided.
Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber
Comparing Procedural Systems: Toward An Analytical Framework, David J. Gerber
David J. Gerber
No abstract provided.
Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber
Globalization And Legal Knowledge: Implications For Comparative Law, David J. Gerber
David J. Gerber
No abstract provided.
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
Modernizing European Competition Law: A Developmental Perspective, David J. Gerber
David J. Gerber
No abstract provided.
Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber
Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber
David J. Gerber
No abstract provided.
Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber
Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber
David J. Gerber
No abstract provided.
The Us-European Conflict Over The Internationalization Of Antitrust Law, David J. Gerber
The Us-European Conflict Over The Internationalization Of Antitrust Law, David J. Gerber
David J. Gerber
No abstract provided.
Europe And The Globalization Of Antitrust Law, David J. Gerber
Europe And The Globalization Of Antitrust Law, David J. Gerber
David J. Gerber
No abstract provided.
System Dynamics: Toward A Language Of Comparative Law, David J. Gerber
System Dynamics: Toward A Language Of Comparative Law, David J. Gerber
David J. Gerber
No abstract provided.
Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber
Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber
David J. Gerber
No abstract provided.
International Trade And Competition Law In Japan, David J. Gerber
International Trade And Competition Law In Japan, David J. Gerber
David J. Gerber
No abstract provided.