Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

This is the eleventh in the series on EU Competition Law and Policy produced by the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate which examined the enforcement of the prohibition on cartels. The workshop participants - senior representatives of the Commission and the national competition authorities of some EC Member States, renowned international academics and legal practitioners - discussed the economic and legal issues that arise in this particular area, including: 1) unearthing cartels: the evidence; 2) the institutional framework and 3) tools of enforcement.

This volume reproduces the materials of the roundtable debate on EU Competition Law and Policy.

In this in-depth study, Damro explains the creation of a formal cooperative framework for preventing disputes in transatlantic competition policy. The findings suggest that, while regulators remain constrained by domestic institutions, they play an important role in explaining why the cooperative framework is largely a discretionary one.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Cooperation, Comity, and Competition Policy, edited by Andrew T. Guzman, illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which cross-border business is handled by competition policy. The first part of the book provides country reports written by local experts explaining the extraterritorial reach of national laws. Each country report summarizes existing domestic law and examines the conditions under which each country applies its substantive competition laws to conduct that takes place abroad. These chapters also address the question of comity, meaning the circumstances in which a country would decline to exercise jurisdiction on the grounds that another state is the more appropriate jurisdiction. Finally, the extent of cooperation between the local government and other states is examined. In conducting cross-border business activity, these reports provide the reader with a sense of the multiple jurisdictions that a business must consider within the scope of how laws from various states interact and overlap. The countries covered include: Australia, Brazil, Canada, China, the EC, Israel, Japan, Singapore and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes. Written by top academics and practitioners, the proposals render some of the most important current thinking on the topic. The country reports and the expert policy proposals together provide a unique perspective on international competition policy and the challenges of the international competition policy regime.

The European and American economies are closely interlinked as mutually important investment and trading partners. The growing intensity of economic interdependence has spurred the transatlantic coordination of rules and standards that can lead to the formation of non-tariff barriers to transatlantic commerce. But despite impressive government-to-government efforts to eliminate market barriers, the E.U. and the U.S. have frequently clashed over each other's regulatory policies. The aim of this book is to explore the domestic sources of cooperation or conflict in transatlantic regulation. The book analyses the role of domestic factors through three theoretical lenses that are well-established in the study of multilevel systems: the principal-agent approach, the two-level game metaphor, and through a wider concept of institutionalism which emphasises the links between societal interests and regulatory ideas with institutional frameworks. The book states that domestic factors embody more obstacles than opportunities for horizontal coordination. It is argued that transatlantic relations will likely undergo a ‘double movement’ of being simultaneously shifted upwards to become part of the global governance architecture, and downwards towards broader involvement of legislators in regulatory matters. Hence, transatlantic regulation might in the near future be shaped more by political leaders, rent-seeking interest groups and legislators than by networks of technocrats. This book was published as a special issue of the Review of International Political Economy.

This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence from international institutions. Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptions of influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and of consultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules. Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU, as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network. The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offer lessons for all interested in competition law and global governance.