Posted by D. Daniel Sokol
Hugues Bouthinon-Dumas (ESSEC Business School) and Frederic M. Marty (Research Group on Law, Economics and Management) provide an overview of Competition and Monopoly Policy
ABSTRACT: Firm strategies cannot be analyzed without taking into consideration the legal framework which governs the relationships between economic agents, especially competition law. As a consequence, firms have to manoeuver through a complex universe, taking account of both the rules of the economic game and the legal ones.
Our purpose is to analyze the legal treatment of anticompetitive practices (agreements and concerted practices that restrict competition and abuse of a dominant position), which are at the heart of modern competition law (in the American context generally referred to as ‘antitrust law’ and in the European one as ‘competition law’). However, we must keep in mind that competition law also covers the control of vertical restrictive practices, merger policy), control of state aid and, in some countries, the prohibition of unfair competition practices. Considering competition goals is essential for understanding the enforcement of competition law.
Even if the wording of the general competition rules seems to be fairly similar, their enforcement may vary considerably among countries (and across time periods), revealing differences in their underlying principles and purposes. Therefore, it is essential to identify the intentions of the law-makers and the priorities of competition authorities. Competition policies and decisional practices are closely dependent on various and sometimes conflicting views related to what competition should be and how firms should develop and interact. This chapter is focused on the examples of the United States of America and the European Union. and points to their divergences and convergences.
Featured News
Senator Warner Calls for Treasury Oversight on Big Tech Sanctions
Jan 29, 2024 by
CPI
Canada’s Industry Minister Targets Grocery Giants with Antitrust Changes
Jan 29, 2024 by
CPI
DOT Issues Provisional Ruling Ending Delta-Aeroméxico Partnership
Jan 29, 2024 by
CPI
US Targets China with Proposed Rules on Cloud Giants in AI Development
Jan 29, 2024 by
CPI
Australia’s ACCC Finds Limited Evidence of Profiteering in Childcare Sector Despite Soaring Fees
Jan 29, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – The Rule(s) of Reason
Jan 29, 2024 by
CPI
Evolving the Rule of Reason for Legacy Business Conduct
Jan 29, 2024 by
CPI
The Object Identity
Jan 29, 2024 by
CPI
In Praise of Rules-Based Antitrust
Jan 29, 2024 by
CPI
The Future of State AG Antitrust Enforcement and Federal-State Cooperation
Jan 29, 2024 by
CPI