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Cooperation Between Antitrust Agencies at the International Level - Bruno Zanettin

Cooperation Between Antitrust Agencies at the International Level

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This book addresses the issue of international antitrust enforcement, focusing on bilateral co-operation between antitrust agencies, in particular the European Commission and the US agencies. It first shows how bilateral co-operation was developed as a response to the limits of the unilateral and extraterritorial application of national competition laws, and how it has evolved from an instrument initially designed to avoid conflicts into a tool aimed at co-ordinating joint investigations of international competition cases. It then considers how bilateral co-operation could be optimally used, by analysing two forms of advanced co-operation: the exchange of confidential information and positive comity, which is the only satisfactory answer competition law can provide to market access cases. It shows that the use of such instruments is limited by significant legal and political obstacles, even in the context of the exemplary EC-US relationship.

Industry Reviews

...this is an interesting, provocative, and well-written text, which merits reading, and which may be strongly recommended. Dr Mark Furse, University of Glasgow European Competition Law Review August 2004

Table of Cases
Table of Treaties
Table of Legislation
Introductionp. 1
Addressing international restrictive practices at the national level: a necessary but insufficient stepp. 7
The generalisation of the effects doctrine as the first response to the globalisation of anticompetitive practicesp. 7
The practical limitations to the unilateral application of domestic laws in international competition casesp. 33
Soft cooperation, or the coordination of antitrust investigationsp. 53
Towards increased cooperation: the evolution of the provisions of the existing bilateral agreementsp. 53
Soft cooperation as it stands: the implementation of the bilateral agreementsp. 78
Towards hard cooperation: the exchange of confidential informationp. 119
Reluctance to conclude agreements on exchange of information is a characteristic of international cooperation in the field of antitrustp. 121
The instruments of exchange of informationp. 145
Towards hard cooperation: positive comityp. 183
The experience of positive comity shows the possible scope and the limits of the use of this instrumentp. 185
Assessing the potential legal scope of positive comityp. 198
Conclusionp. 225
Completing bilateral cooperation: the multilateral optionp. 229
A plurilateral agreement on competition rules: a necessary but difficult step to complement bilateral cooperation between antitrust agenciesp. 229
The possible content of a multilateral agreement on competition policy, in the light of the experience acquired through bilateral cooperationp. 250
Conclusionp. 277
Conclusionp. 279
Bibliographyp. 283
Indexp. 297
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841133515
ISBN-10: 1841133515
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 336
Published: 22nd October 2002
Country of Publication: GB
Dimensions (cm): 23.39 x 15.6  x 1.91
Weight (kg): 0.63
Edition Number: 1