Law Commons^™

Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol

D. Daniel Sokol

When government regulates, it may either intentionally or unintentionally generate restraints that reduce competition ("public restraints"). Public restraints allow a business to cloak its action in government authority and to immunize it from antitrust regulation. Private businesses may misuse the government's grant of antitrust immunity to facilitate behavior that benefits businesses at consumers' expense. One way is by obtaining government grants of immunity from antitrust scrutiny. A recent series of Supreme Court decisions has made this situation worse by limiting the reach of antitrust law in favor of sector regulation. This is true even though the Supreme Court refers to …

China’S New Anti-Monopoly Law: Big Trouble In Little China?, Henry C. Cheng

Henry C Cheng

China’s New Anti-monopoly Law: Big Trouble in Little China? addresses China’s new Anti-Monopoly Law (“AML”) that became effective in August 2008, specifically the implications of provisions related to China’s state-owned enterprises ("SOEs"). It explores the legislative history of the AML and provides interpretations of the pertinent provisions.

In addition, the article is the first to synthesize competition laws from the U.S. and the European Community in order to apply them in another country. To achieve that, the author embarked on a comprehensive research on the development of competition laws in the US and the EC. There has been no work …