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Antitrust
Competition law, known in the United States as "antitrust law", has three main elements:
- prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels.
- banning abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal and many others.
- supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licences or access to facilities to enable other businesses to continue competing.
The substance and practice of competition law vary from jurisdiction to jurisdiction. Protecting the interests of consumers (consumer welfare) and ensuring that enterpreneurs have an opportunity to compete in the market economy are often treated as important objectives. Competition law is closely connected with law on deregulation of access to markets, state aids and subsidies, the privatisation of state owned assets and the establishment of independent sector regulators. In recent decades, competition law has been viewed as a way to provide better public services.[1] The history of competition law reaches back further than the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the twentieth century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Community competition law. National and regional competition authorities across the world have formed international support and enforcement networks.
Reflections on the Antitrust Modernization Commission's Report and Recommendations Relating to the Antitrust/IP Interface
Posted by D. Daniel Sokol Tom Cotter of the University of Minnesota Law School provides some Reflections on the Antitrust Modernization Commission's Report and Recommendations Relating to the Antitrust/IP Interface...
A Comparative Analysis of Antitrust Law Regimes: Designing Better Institutions for Deciding Antitrust Issues
Posted by D. Daniel Sokol It's still not too late to sign up and attend the ABA Antitrust Section Chicago Loyola Conference titled A Comparative Analysis of Antitrust Law Regimes: Designing Better Institutions for Deciding Antitrust Issues...
The Analysis of Market Dominance and Restrictive Practices Under German Antitrust Law in Light of EC Antitrust Law
Posted by D. Daniel Sokol Anca Daniela Chiri?? Europa-Institut, University of Saarland has a recent article on The Analysis of Market Dominance and Restrictive Practices Under German Antitrust Law in Light of EC Antitrust Law...
Antitrust under President Obama: “I will direct my administration to reinvigorate antitrust enforcement”
Danny Sokol makes some predictions about Post-Obama antitrust, and about my disappointment in what he perceives to be the likely direction of antitrust policy in the Obama administration:
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The Future of International Antitrust and Improving Antitrust Agency Capacity
Posted by D. Daniel Sokol I am posting my essay that recently appeared in the Northwestern University Law Review Colloquy on The Future of International Antitrust and Improving Antitrust Agency Capacity...
Striving for the Optimal Balance in Antitrust Enforcement : Single-Firm Conduct, Antitrust Remedies, and Procedural Fairness
Posted by D. Daniel Sokol Christine Varney recently gave a talk at the Council of Foreign Relations on Striving for the Optimal Balance in Antitrust Enforcement : Single-Firm Conduct, Antitrust Remedies, and Procedural Fairness.
















