Global competition now shapes economies and societies in ways unimaginable only
a few years ago, and competition (or 'antitrust') law is a key component of the legal
framework for global competition. These laws are intended to protect competition from
distortion and restraint, and on the national level they reflect the relationships between
markets, their participants, and those affected by them. The current legal framework for
the global economy is provided, however, by national laws and institutions. This means
that those few governments that have sufficient 'power' to apply their laws to conduct
outside their own territory provide the norms of global competition. This has long meant
that the US (and, more recently, the EU) structure global competition, but China and other
countries are increasingly using their economic and political leverage to apply their own
competition laws to global markets. The result is increasing uncertainty, costs, and
conflicts that burden global economic development.
This book examines competition law on the global level and reveals its often complex
and little-understood dynamics. It focuses on the interactions between national and
international legal regimes that are central to these dynamics and a key to understanding
them.
David J. Gerber, B.A. Trinity College (Conn.), M.A. Yale, J.D.,
University of Chicago is Distinguished Professor of Law, Chicago-Kent College of Law. He
has been a visiting professor on the law faculties of the University of Pennsylvania,
Northwestern University and Washington University in the United States and the
Universities of Munich and Freiburg in Germany and Uppsala and Stockholm in Sweden. He has
been a visiting fellow at the Woodrow Wilson School of Public and International Affairs of
Princeton University and at the Max Planck Institute for Research in Collective Goods in
Bonn, Germany, and he has been a Distinguished Visiting Lecturer at Meiji University in
Tokyo, Japan.
Table of Contents
1 Law, competition, and global markets 1
2 Global competition law : a projects conceived and abandoned 19
3 Sovereignty as a solution : extending the reach of national laws 55
4 Globalization and competition law : conflict, uncertainty, and the promise of
convergence 79
5 US antitrust law : model and lens 121
6 Competition law in Europe : market, community, and integration 159
7 Globalization, development, and 'other players' : widening the lens 205
8 Convenience as strategy : scope and limits 273
9 Reconceiving competition law for global markets : agreements, commitments, and
pathways 293
10 Global competition and law : trajectories and promises 327
Bibliography 347
Index 391
350 pages, Hardcover