This article argues that competition law is best seen as a form of public law - 'the law that governs the governing of the state - and not as simply a form of private market regulation. It uses the experiences of 'Asian capitalism' to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the innately political balancing that these different forms of capitalism, and their different dynamics of competition, require and provoke. Recognizing that competition law is ultimately a form of public law allows us to visualize this inevitable process of political balancing, and thereby begin to address the issues it raises.

This book was published in 2003. Competition/anti-trust law, as a separate body of law, is very much a creation of the 20th century and grew only in maturity in the latter half of that century. As developments in US anti-trust law have had, and continue to have, an important influence on the development of competition law in Europe and worldwide, articles have been selected for this collection from both sides of the Atlantic. The volume focuses on the following aspects: the objectives and nature of competition law, the scope of competition law, selected legal concepts and challenges in competition law, and the global application of competition law.

Compara politicas de fomento de la competencia en Estados Unidos y la CEE. Comienza con una exposicion sobre los objetivos de una politica antitrust, continua con un analisis de la legislacion antitrust norteamericana y las leyes de la CEE sobre competencia, para luego centrarse en los siguientes aspectos: Acuerdos de precios entre competidores y reparto del mercado, restricciones del mercado, y acuerdos sobre licencias y patentes. (igm).

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

This innovative book discusses the global character of competition law focusing on three interrelated perspectives; firstly, the impact of economics on competition policy; secondly, the competition law experience in selected countries (USA, EU, Japan, India, China, Brazil, transition countries) and how the law has adapted to the political, economic, geographic and cultural environment; and thirdly, the process of internationalisation and convergence of competition law.