Open Access. Powered by Scholars. Published by Universities.®

Law and Economics Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law and Economics

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

Asia And Global Competition Law Convergence, David J. Gerber

All Faculty Scholarship

No abstract provided.


Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber Jan 2010

Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber

All Faculty Scholarship

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 …


Competition Law And The Institutional Embeddedness Of Economics, David J. Gerber Jan 2009

Competition Law And The Institutional Embeddedness Of Economics, David J. Gerber

All Faculty Scholarship

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 Jan 2008

Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber

All Faculty Scholarship

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 …


Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber Jan 2004

Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber

All Faculty Scholarship

No abstract provided.


Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber Jan 2001

Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber

All Faculty Scholarship

No abstract provided.


Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber Jan 2000

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

All Faculty Scholarship

No abstract provided.


The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber Jan 1996

The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber

All Faculty Scholarship

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

All Faculty Scholarship

No abstract provided.


Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber Jan 1994

Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber

All Faculty Scholarship

No abstract provided.


Antitrust And The Challenge Of Internationalization, David J. Gerber Jan 1988

Antitrust And The Challenge Of Internationalization, David J. Gerber

All Faculty Scholarship

No abstract provided.


Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber Jan 1984

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

All Faculty Scholarship

No abstract provided.


Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr. Mar 1974

Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.