Cooperation, Comity, and Competition Policy
Andrew T. Guzman
Abstract
This book 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 questio ... More
This book 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 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 Europen Union, Israel, Japan, Singapore, and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes.
Keywords:
domestic competition law,
international business,
cross-border business,
competition policy,
national laws,
domestic law,
comity
Bibliographic Information
| Print publication date: 2010 |
Print ISBN-13: 9780195387704 |
| Published to Oxford Scholarship Online: January 2011 |
DOI:10.1093/acprof:oso/9780195387704.001.0001 |
