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Anti-Competitive Agreements: The Meaning Of “Agreement”, George A. Hay
Anti-Competitive Agreements: The Meaning Of “Agreement”, George A. Hay
Cornell Law Faculty Working Papers
The trend towards convergence of substantive antitrust doctrine means that most jurisdictions now condemn agreements among competitors that fix prices. But that same convergence means that those same jurisdictions must wrestle with the problem of how to establish the existence of an agreement, especially in an oligopolistic industry where high prices could, at least in theory, be the result simply of oligopolistic interdependence. Do we condemn such interdependence? Do we ignore it and require an explicit agreement? Or is there some middle ground? This chapter explores how the U.S. and, to a lesser extent, the EU, have approached the problem …
Governing Guns, Opposing Opium: A Theory Of Internationally Regulated Goods, Asif Efrat
Governing Guns, Opposing Opium: A Theory Of Internationally Regulated Goods, Asif Efrat
Cornell Law Faculty Working Papers
The paper examines a significant phenomenon overlooked by the trade literature: internationally regulated goods. Contrary to the general trend of trade liberalization, specific goods, such as drugs, small arms, and antiquities, have come under increasing international control in recent decades through a set of global regulatory agreements. I argue that these goods are unique in that they involve transnational negative externalities. Whereas certain countries benefit from the trade in these goods, the trade inflicts negative effects on other countries. Examples of such negative externalities include fatalities and refugee flows resulting from rampant gun violence, high crime rates associated with widespread …