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Features - New Horizons: Resources for International Competition Law Research

By Jean M. Wenger, Published on March 13, 2005

Jean M. Wenger is the Government Documents/Foreign & International Law Librarian at the Cook County Law Library, a practitioner's law library in Chicago. Jean has authored a number of web-based foreign and international law research guides and has spoken at professional conferences on Internet training issues and foreign and international law research. Her publications include the chapter on International Economic Law in the ASIL Guide to Electronic Resources for International Law and she is a contributing author to the Electronic Information System for International Law (EISIL). Jean holds B.A., J.D. and M.L.I.S. degrees. She is admitted to the state bar of Illinois and has taught CLE programs focusing on electronic research. Jean is the past chair of the Foreign, Comparative & International Law Special Interest Section, American Association of Law Libraries

This guide was originally published as part of the AALL Workshop, Shopping in the Global Marketplace: Information Sources for International Trade, July 9, 2004, AALL Annual Meeting in Boston, MA. The guide was originally titled, Ensuring That Corporations Play Nice on the World Playground: Resources for International Competition Law Research.

TABLE OF CONTENTS

 

I. GENERAL PUBLICATIONS

 

II. INTERNATIONAL ORGANIZATIONS

 

A. UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT (UNCTAD)

 

B. WORLD TRADE ORGANIZATION (WTO)

 

C. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD)

 

D. INTERNATIONAL CHAMBER OF COMMERCE (ICC)

 

E. GLOBAL COMPETITION FORUM (GCF)

 

F. THE INTERNATIONAL COMPETITION NETWORK (ICN)

 

G. WORLD BANK GROUP

 

III. REGIONAL ENTITIES

 

A. AFRICA

1. African, Caribbean and Pacific Group Of States (APC)

2. Common Market for Eastern and Southern Africa (COMESA)

 

B. ASIA & PACIFIC

 

C. EUROPE

1. European Union (EU)

2. European Free Trade Association (EFTA)

 

D. WESTERN HEMISPHERE

1. Andean Community

2. Free Trade Area of the Americas (FTAA)

3. North America Free Trade Agreement (NAFTA)

4. Organization of American States (OAS)

 

IV. NATIONAL COMPETITION AUTHORITIES AND INTERNATIONAL COOPERATION

 

A. COMPETITION AUTHORITIES

 

B. UNITED STATES COMPETITION AUTHORITIES

 

C. INTERNATIONAL COMPETITION COOPERATION

 

V. NATIONAL COMPETITION LAWS

 

VI. NATIONAL LAW COMMENTARY

 

VII. RESEARCH GUIDES

 

VIII. PERIODICAL LITERATURE

 

A. Bibliographic Resources

 

B. Online Papers – Selected

 

C. Newspapers

 

IX. SPECIALIZED COMPETITION LAW JOURNALS

 

X. SPEECHES AND PRESS RELEASES

 

XI. DICTIONARIES AND GLOSSARIES

 

XII. BIBLIOGRAPHIES

 

XIII. SEARCHING ONLINE CATALOGS

 

XIV. PARTICULAR AREAS OF COMPETITION

 

XV. RECENT INTERNATIONAL COMPETITION CASES IN THE NEWS

 

A. Microsoft

 

B. Boeing / McDonnell Douglas

 

C. General Electric / Honeywell

 


 

I. GENERAL PUBLICATIONS

 

Advanced Antitrust Seminar (42nd: 2003). Practicing Law Institute, 2003.

An annual seminar that is part of the Corporate Law and Practice Course Handbook Series. Focus is on US antitrust law but will also address international issues.

 

Antitrust and American Business Abroad, 3rd ed. James Atwood, Kingman Brewster & Spencer Weber Waller. Clark Boardman Callaghan, 1997-

Text focuses on the application of US antitrust laws to conduct of business in international markets.

 

Antitrust & Trade Regulation Report. Bureau of National Affairs. 1961-

Current awareness resource covering domestic and international regulatory and legal developments affecting restraint of trade. Covers international developments.

 

Antitrust Law: An Analysis of Antitrust Principles and their Application, 2nd ed. Phillip E. Areeda, Herbert Hovenkamp. Aspen Law & Business, 1978-

18 volumes. A premier treatise on US antitrust law.

 

Antitrust Laws and Trade Regulation, 2nd ed. Julian O. von Kalinowski, Peter Sullivan, and Maureen McGuirl. M. Bender, 1996-

 

Competition Law and the World Trade Organisation: The Limits of Multilateralism. Kevin C. Kennedy. Sweet & Maxwell, 2001.

An in-depth study of the history and future development of competition policy within the WTO.

 

Competition Law in Western Europe and the USA. Martijn van Empel (ed.) Kluwer Law International, 1976-

Includes translated legislation, case law, regulations, and policies of the European Union (EU) and Western European countries.

 

Competition Laws Outside the United States. H. Stephen Harris, Jr., et al. (eds.) Section of Antitrust Law, American Bar Association, 2001.

A two volume set that covers competition law from Australia, Brazil, Canada, European Union, France, Germany, Italy, Japan, Mexico and the United Kingdom. Includes text of relevant statutes.

 

Foreign Commerce and the Antitrust Laws, 5th ed. Wilbur L. Fugate. Little, Brown, 1996.

 

The Future of Transnational Antitrust: From Comparative to Common Competition Law. Josef Drexl (ed.) Kluwer Law International, 2003.

A collection of papers from an international group of academic experts.

 

International Antitrust Cooperation Handbook. Section of Antitrust Law, American Bar Association, 2004.

Solid commentary on international cooperation agreements with analysis of the agreements between the US and 17 jurisdictions (including the EU) and the text of all agreements.

 

International Antitrust Law & Policy. Annual Proceedings of the Fordham Corporate Law Institute. Juris Publishing, 19th (1992), 21st (1994) - present.

20th (1993) Annual Proceeding titled: Antitrust in a Global Economy

Each volume contains the proceedings and papers from the Annual Institute.

 

An International Antitrust Primer: A Guide to the Operation of United States, European Union, and Other Key Competition Laws in the Global Economy, 2nd ed. Mark R. Joelson. Kluwer Law International, 2001.

Analysis of U.S. antitrust law as it applies to the international sphere, with similar analysis of European Union competition law, plus summaries of key competition laws from Mexico, Canada, Japan and the United Kingdom.

 

International Competition Law Series (Kluwer Law International):

 

Volume 10: Competition Rules for the 21st Century. Ky Ewing Jr. 2003

 

Volume 7: Limits and Control of Competition with a View to International Harmonization. Jürgen Basedow. 2002

 

Volume 6: EC Competition and Telecommunications Law. Christian Koenig, Andreas Bartosch, and Jens-Daniel Braun. 2002.

 

Volume 5: Competition Policy in the Global Trading System. Clifford Jones and Mitsuo Matsushita. 2002.

 

Volume 4: Guide to the EC Block Exemption for Vertical Agreements. Martin Mendelsohn, Stephen Rose. 2002.

 

Volume 3: International and Comparative Competition Laws and Policies. Yang-Ching Chao, Gee San, Changfa Lo, Jiming Ho. 2001.

 

Volume 2: M&A in Belgium. Wim Dejonghe, Wouter Van de Voorde. 2001.

 

Volume1: Latin American Competition Law and Policy. Ignacio de León. 2001.

 

International Mergers: The Antitrust Process, 3rd ed. J. W. Rowley & D. Baker (eds.) Sweet & Maxwell, 2001-

Includes translations of antitrust/competition legislation.

 

International Legal Materials. American Society of International Law, 1962-

Also available on LEXIS and WESTLAW from 1980 to present.

Selected foreign and international laws and cases in English translation. Publishes materials in very timely manner.

 

Trade Regulation Reporter. 13th ed. Commerce Clearing House, 1988-

7 volumes focusing on US law. Includes text of laws, regulations, guidelines, and decisions with commentary.

 

World Antitrust Law and Practice: A Comprehensive Manual for Lawyers and Businesses. James J. Garrett (ed.) Kluwer Law International, 1995-

Practitioner-oriented commentary on antitrust practice in the US, EU and over 20 countries.

 

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II. INTERNATIONAL ORGANIZATIONS

 

A. UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT (UNCTAD)

 

Competition and Consumer Policies

http://r0.unctad.org/en/subsites/cpolicy/english/indexen.htm

UNCTAD is a permanent intergovernmental body within the United Nations focusing on trade, investment and development in developing countries. Links to UNCTAD documents, competition links, national competition legislation, UNCTAD meetings on competition and the UNCTAD Series on Issues in Competition Law and Policy (a series of substantive papers). (Also publishes the Model Law on Competition, see Section V. National Laws.)

 

Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, (TD/RBP/CONF/10/Rev.2)

http://r0.unctad.org/en/subsites/cpolicy/docs/CPSet/cpset.htm

Adopted by the United Nations Conference on Restrictive Business Practices under the auspices of UNCTAD. Compliance by member countries is voluntary. One of the objectives of the Set is “[t]he creation, encouragement and protection of competition.” Also published: 19 I.L.M. 813 (1980).

The UN General Assembly adopted the Set in its resolution A/RES/35/63 (Dec. 5, 1980). http://www.un.org/documents/ga/res/35/a35r63e.pdf

A Fourth UN Conference

http://r0.unctad.org/en/subsites/cpolicy/english/cpconf0900.htm

met in 2000 to reaffirm the Principles and to recommend a title change to UN Set of Principles and Rules on Competition.

 

Selections from UNCTAD Series on Issues in Competition Law and Policy:

WTO Core Principles and Prohibition: Obligations Relating to Private Practices, National Competition Laws and Implications for a Competition Policy Framework.

http://www.unctad.org/en/docs//ditcclp20032_en.pdf

(UNCTAD/DITC/CLP/2003/2) Jan. 27, 2004.

 

Application of Competition Law: Exemptions and Exceptions,

http://www.unctad.org/en/docs//ditcclpmisc25_en.pdf

UNCTAD Series on Issues in Competition Law and Policy (UNCTAD/DITC/CLP/Misc.25). January 10, 2003.

 

B. WORLD TRADE ORGANIZATION (WTO)

 

WTO Competition Policy

http://www.wto.org/english/tratop_e/comp_e/comp_e.htm

The work of the WTO on competition focuses on specific trade policy issues. This page includes introductory material, the mandate, work on competition policy in the WTO, and official documents. The Working Group on the Interaction between Trade and Competition Policy (WGTCP) was established at the WTO Singapore Ministerial Conference in December 1996. The WGTCP handles the work and development of competition matters in the WTO. General documents on competition policy bear the document code WT/WGTCP/* (where * takes additional values).

 

Draft International Antitrust Code as a GATT-MTO-Plurilateral Trade Agreement (International Antitrust Code Working Group Proposed Draft 1993), published and released July 10, 1993. Reproduced at 65 Antitrust & Trade Reg. Rep. (BNA) No. 1628 (Aug. 19, 1993) (Special Supp.) Also known as the Munich Code.

 

Doha WTO Ministerial 2001

http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_e.htm#interaction

WT/MIN(01)/DEC/1, November 20, 2001 (Adopted on November 14, 2001).

Paragraphs 23-25 deal with interaction between trade and competition policy. Sets up possible negotiations for a WTO agreement on competition.

 

 

C. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD)

 

OECD Competition Law and Policy

http://www.oecd.org/daf/clp/

Formed in 1960, the OECD currently has 30 members. Members are mostly developed countries. The OECD Competition Law and Policy Committee (CLP) works to build consensus among OECD members on antitrust and competition policy. The CLP is made up largely of competition law enforcement officials of member countries. The CLP also promotes convergence in competition laws among members by promoting similarity in competition laws and enforcement cultures. Competition issues addressed include capacity building with non-OECD countries, competition analysis, economic issues, country reviews, law enforcement and co-operation, regulation and sectors, trade and competition. Additionally the OECD issues committee reports, recommendations, best practice roundtables, and policy briefs. Compliance with recommendations by members is voluntary.

 

Notable Recommendations:

Recommendation of the Council Concerning Co-operation Between Member Countries on Anti-competitive Practices Affecting International Trade

http://webdomino1.oecd.org/horizontal/oecdacts.nsf/linkto/C(95)130

C(95)130/FINAL (July 27, 1995). Reprinted in 35 I.L.M. 1313 (1996). Several key points: Competition agencies of OECD members inform each other of possible violations of the other’s laws, request other agency to act against practices which affect the requestor’s interests, collect and share information to extent permitted under confidentiality laws, and coordinate investigations and remedial actions. Builds on earlier recommendations dating back to 1967.

 

Recommendation of the Council concerning Effective Action Against Hard Core Cartels

http://webdomino1.oecd.org/horizontal/oecdacts.nsf/linkto/C(98)35

C(98)35/FINAL (March 25, 1998). Recommends that members should ensure their competition laws restrict hard-core cartels and seek greater cooperation toward this goal.

 

OECD Declaration and Decisions on International Investment and Multinational Enterprises

http://www.olis.oecd.org/olis/2000doc.nsf/LinkTo/daffe-ime(2000)20

DAFFE/IME(2000)20 (Nov. 9, 2000)

Originally adopted on June 21, 1976, the Declaration “constitutes a policy commitment to improve the investment climate of OECD members countries and encourage the positive contribution multinational enterprises can make to economic and social progress.” The Declaration consists of four elements: Guidelines for Multinational Enterprises, National Treatment, Conflicting Requirements, International Investment Incentives and Disincentives. All elements are subject to periodical review. It was reviewed in 1979, 1984, 1991 and 2000.

OECD Guidelines for Multinational Enterprises,

http://www.oecd.org/dataoecd/56/36/1922428.pdf

Last revised June 27, 2000. June 21, 1976, 15 I.L.M. 967 (1976).

The Guidelines are a voluntary, multilateral framework of standards and principles on good business conduct. Contains revised text and commentary.

 

Reports by the Competition Committee (selected):

 

1999 Report on Positive Comity (DAFFE/CLP(99)19)

http://www.oecd.org/dataoecd/40/3/2752161.pdf

1999 Report on Notification of Transnational Mergers (DAFFE/CLP(99)2/FINAL)

http://www.oecd.org/dataoecd/40/2/2752153.pdf

 

OECD Global Forum on Competition

http://www.oecd.org/daf/clp/

Select Global Forum on Competition from right sidebar. The first forum was held in 2001 with annual meetings through the Fifth Forum in 2005. The annual forums bring together high-level officials from over 50 economies, plus the European Union, to discuss ways of countering anti-competitive government regulations and corporate behavior to benefit the world consumer. Global Forum participants include OECD member countries, transition and developing countries. Forum materials include speeches, papers, and country reports. For example, the Fourth Global Forum on Competition (2004) page has links to contributions from countries discussing the following issues: challenges/obstacles faced by competition authorities in achieving greater economic development through the promotion of competition, and how enforcement against private anti-competitive conduct has contributed to economic development.

 

The OECD publishes reports, books, e-books, CD-ROMs and periodicals. Many items are freely available at the website, however some are available for purchase only.

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D. INTERNATIONAL CHAMBER OF COMMERCE (ICC)

 

ICC Commission on Competition

http://www.iccwbo.org/home/menu_competition.asp

As an international business organization, the ICC is concerned with competition policy as it affects the international business community, and provides the business perspective to the international dialog on competition. This page provides links to ICC guidelines, policy statements, new items and documents.

 

Sample policy statements include:

-Comments on Information Exchanges in International Cartel Investigations (February 3, 2004)

-EC Council Regulation n. 1/2003 and Measures for its Implementation: The International Business Community's Viewpoint (December 3, 2003)

- Competition Policy in the WTO: Doha Declaration Issues (April 9, 2003)

 

E. GLOBAL COMPETITION FORUM (GCF)

http://www.globalcompetitionforum.org/

Founded in 1991, the Global Forum for Competition and Trade Policy is a project of the International Bar Association. The GCF is comprised of experts from the fields of business, economics, law, academia and members of competition authorities. These experts are committed to discussing pivotal issues affecting competition policy and to providing information and education resource for countries or international organizations. This site includes links to laws, enforcement agencies, papers, reports and speeches.

 

F. THE INTERNATIONAL COMPETITION NETWORK (ICN)

http://www.internationalcompetitionnetwork.org/

The ICN was established in October 2001, see the Memorandum on the Establishment and Operation of the International Competition Network. http://www.internationalcompetitionnetwork.org/mou.pdf

Members are national or multinational competition agencies entrusted with the enforcement of antitrust laws. The ICN provides a forum for antitrust authorities worldwide to discuss potential avenues for convergence in competition policy. (The divergent results from the US and EU competition authorities in the GE/Honeywell merger (see Section XV) motivated the creation of the ICN.)

 

The aim of the ICN is to facilitate practical cooperation between competition authorities by developing best practices or recommendations. Members then determine how to best implement these recommendations in their own jurisdictions. The ICN is project-oriented, organized around working groups. The working groups are Mergers, Funding, Memberships, Capacity Building and Competition Policy, Antitrust Enforcement in Regulated Sectors, and Operational Framework. For example, Merger Working Group documents cover merger notification and procedures, analytical framework for merger review, and investigative techniques for conducting effective merger review. Documents from the working groups and ICN annual meetings are available.

Merger Working Group

http://www.internationalcompetitionnetwork.org/mergers.html

studies the challenges of merger review in a global context. WG documents include recommended practices for merger notification procedures, the report on merger guidelines and ICN members' merger control laws and related materials, to name a few.

Additional Reading:

The International Competition Network: Prospects and Limits on the Road towards International Competition Governance.

http://www.wiwi.uni-marburg.de/Lehrstuehle/VWL/WIPOL/docs/BudzinskiICNWP.pdf

Draft February 13, 2004. An analytical overview of the trends in international competition governance focusing on the role of the ICN by Dr. Oliver Budzinski of the Philipps University of Marburg.

 

 

G. WORLD BANK GROUP

Competition Policy

http://tinyurl.com/5cdyo

 

Economic Development, Competition Policy, and the World Trade Organization,

http://econ.worldbank.org/files/20844_wps2917.pdf

Bernard Hoekman and Petros C. Mavroidis. World Bank Working Paper No. 2917, October 17, 2002.

 

 

III. REGIONAL ENTITIES

 

Competition Policy and Preferential Trade Agreements,

http://www.worldbank.org/wbi/publications/wbi37131.pdf

Bernard Hoekman. International Bank for Reconstruction and Development, World Bank, 2002 (Originally published 1998).

 

A. AFRICA

 

1. African, Caribbean and Pacific Group Of States (APC)

http://www.acpsec.org/

APC aims for sustained economic growth for its 79 members. Article 45 of the Cotonou Agreement (2000)

http://www.acpsec.org/InternalSheet.aspx?ArticleFileName=2003/Cotonou_en.html

between the members of APC and the European Community addresses competition policy.

 

2. Common Market for Eastern and Southern Africa (COMESA)

http://www.comesa.int  

Formed in 1994, COMESA aims to implement a free trade area for trade liberalization and customs cooperation.

COMESA Treaty: http://www.comesa.int/about/treaty/view

COMESA Competition Policy: http://www.comesa.int/trade/issues/policy/

Includes reports and texts of rules and regulations.

 

 

B. ASIA & PACIFIC

 

Asia-Pacific Economic Cooperation (APEC)

Competition Policy and Law Database

http://www.apeccp.org.tw/  

APEC is an intergovernmental organization for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region and operates on the basis of non-binding commitments. This database is a source for competition laws and policies of APEC members. Information, arranged by category or member country, includes links to competition laws, administrative procedures, administrative agencies’ decisions, judicial cases and cooperative arrangements.

 

 

C. EUROPE

 

1.       European Union

Members prior to May 1, 2004: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and the United Kingdom.

 

Members joining the EU on May 1, 2004: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia.

 

EUR-LEX: Portal to European Union Law

http://europa.eu.int/eur-lex/lex/en/index.htm

Links to Official Journal, treaties, legislation, legislation in preparation, case law.

 

Accessing European Union Information

http://www.eurunion.org/infores/resguide.pdf

Library Press and Public Affairs Section, Delegation of the European Commission Washington, DC (June 2004).

 

a. Treaties and Legislation

The founding treaties are referred to as primary legislation. Other law, including regulations and directives, are secondary legislation based on one or more of the Treaties. Regulations are rules that have general effect and are directly applicable in the Member States, without going through any implementing procedures in the Member States. Directives are addressed to the member states and are binding as to the result. Members may choose the form and methods for implementation into their national legal systems.

 

Treaty Articles

The EU competition rules are set forth in Articles 81 and 82 (formerly Art. 85 and Art. 86, respectively) of the EC Treaty.

 

Articles 81 (formerly Art. 85)

http://europa.eu.int/comm/competition/legislation/treaties/ec/art81_en.html

 

Article 82 (formerly Art. 86)

http://europa.eu.int/comm/competition/legislation/treaties/ec/art82_en.html

 

The Application of Articles 85 & 86 [now Arts. 81 and 82] of the EC Treaty by National Courts in the Member States (July 1997). http://europa.eu.int/comm/competition/publications/art8586_en.pdf

 

b. Directorate-General for Competition, European Commission

http://europa.eu.int/comm/competition/index_en.html

The Commission is divided into departments called Directorates General. Under Arts. 81 and 82 of the EC Treaty, the Commission administers the competition rules. The Directorate General for Competition is responsible for the drafting of competition legislation and overseeing its implementation.

The Commission is authorized to investigate violations of the Treaties and to issue law enforcement decisions. The Commission is the EU’s representative to international trade bodies, such as the WTO, and is the body that cooperates with foreign antitrust officials.

 

The homepage of the DG Competition is divided into the following policy areas: Antitrust, Mergers, Liberalisation, State Aid, International. Policy areas are further divided into such topics as Overview, Official Journal, Legislation, Cases, and Other documents. This page also has links to publications, news and hot topics.

 

The accession of ten new members on May 1, 2004 ushered in competition reforms. Information on these latest developments are discussed in Competition Policy Newsletter, Special edition, April 26, 2004. http://europa.eu.int/comm/competition/publications/special/special_toc.html

 

Antitrust Legislation

http://europa.eu.int/comm/competition/antitrust/legislation/

Provides text of Treaty articles, Council regulations, Commission regulations, Commission notices, block exemptions documents and regulation documents for professional services, transport and agriculture. Includes the reforms in competition law and policy effective May 1, 2004.

A compilation of the new antitrust rules is available in Modernisation of EC Antitrust Enforcement Rules: Council Regulation (EC) No 1/2003 and the Modernisation Package (2004).

http://europa.eu.int/comm/competition/publications/publications/modernisation_en.pdf

 

Antitrust Regulations

Council Regulation (EC) No 1/2003 of December 16, 2002

http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_001/l_00120030104en00010025.pdf

implements the rules on competition laid down in Articles 81 and 82 of the Treaty. This regulation replaced Regulation 17/62 (Regulation 17) when it came into force on May 1, 2004. Published in 2004 OJ (L1) 1, January 4, 2003.

 

Regulation 1/2003 is part of a Modernisation Package that modernises the European Union’s antitrust enforcement rules and procedures. This Regulation along with Commission Regulation (EC) No 773/2004 and six Commission Notices represent the Modernisation Package. Highlights of this Package, which came into force on May 1, 2004, include abolition of the notification system for the application of Art. 81, guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements, cooperation within the Network of Competition Authorities (NCA), cooperation between the Commission and the EU member courts in application of Articles 81 and 82. This regulation leaves the mechanisms for investigation and enforcement to national law.

See: http://europa.eu.int/comm/competition/antitrust/legislation/

 

Selected Preparatory documents for (Reg (EC) No. 1/2003):

White Paper on Modernisation of the Rules Implementing Articles 85 and 86 of the EC Treaty

http://europa.eu.int/comm/competition/antitrust/wp_modern_en.pdf

Commission Programme No. 99/027.

 

Proposal for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty http://europa.eu.int/comm/competition/antitrust/others/modernisation/comm_2000_582/en.pdf

COM(2000) 582 final, September 27, 2000.

The Merger Regulation page http://europa.eu.int/comm/competition/mergers/legislation/regulation/

includes text of Council Regulation (EC) No 139/2004 of Jan. 20, 2004, and related merger regulations (earlier regulations), guidelines and best practices.

 

c. European Competition Network (ECN) was set up to facilitate close cooperation among national competition authorities and the European Commission and to ensure consistent application of Article 81 and Article 82 of the EC Treaty. The Joint Statement of the Council and the Commission on the Functioning of the Network of Competition Authorities,

http://register.consilium.eu.int/pdf/en/02/st15/15435-a1en2.pdf

(Dec. 10, 2002) sets forth the main principles for the functioning of the ECN.

 

Commission Notice on Cooperation within the Network of Competition Authorities http://europa.eu.int/comm/competition/antitrust/legislation/

2004 OJ (C101) 43, April 27, 2004.

 

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d. EU Antitrust / Merger Decisions

Commission Decisions

Formal Decisions

Formal decisions of the Commission, pursuant to Articles 81 and 82 of the EC Treaty, are published in the Official Journal of the European Communities, L Series and online in Eur-Lex. http://europa.eu.int/comm/competition/antitrust/cases/

Online cases are arranged by date, case number and party from 1999 – date.

Earlier cases (1964-1998) are arranged by year.

 

Informal Closure of Cases

The Commission closes many cases informally by a comfort letter. A comfort letter is an administrative letter signed by a senior official in the Competition DG that states there are no grounds for action under Articles 81 or 82 of the Treaty, or that the proposed action qualifies for an exemption under Art. 81(3). For many cases when a party seeks negative clearance or an exemption, comfort letters are issued. They are addressed to the parties concerned and are not published. Sometimes a summary of the notification and an indication of the Commission's intention to settle by comfort letter are first published in the Official Journal, C series. A full list of cases closed by comfort letter, together with brief summaries of the most important or interesting cases concerned appears in the Annual Report on Competition Policy (http://europa.eu.int/comm/competition/annual_reports/) each year. A listing of cases http://europa.eu.int/comm/competition/antitrust/cases/comfort_letter.html closed by comfort letter (1990-1999) is also available.

 

Court of First Instance

The Court of First Instance (CFI) was established in 1989. The CFI hears actions in the field of competition law that are appealed from the European Commission. The CFI has jurisdiction to review certain classes of actions or proceedings taken by the Commission with respect to enforcement of the competition rules, including review of factual issues, legal issues and fines and penalties levied by the Commission. Its judgments are subject to appeal to the ECJ.

 

European Court of Justice (ECJ)

The European Court of Justice (ECJ) is the highest legal authority in the EC and is empowered to decide cases involving interpretation and application of the Treaties. CFI decisions can be appealed to the ECJ on legal issues only. Cases brought by a Member State are reviewed by the ECJ, not the CFI.

 

Reports of Cases before the Court of Justice and the Court of First Instance. Part I, Court of Justice. Luxembourg: Court of Justice of the European Communities, 1993-

 

Reports of Cases Before the Court of Justice and the Court of First Instance. Section II, Court of First Instance. Luxembourg: Court of Justice of the European Communities, 1993-

 

Continues:

-Reports of Cases before the Court of Justice and the Court of First Instance (1990-1993)

-Reports of Cases Before the Court (1959-1989)

 

European Community Cases. CCH Editions Limited, v. 1- 1989 -

Abbreviation: CEC

 

Judgments of the Courts (ECJ & CFI) on Competition and State Aid (from 1998 to date). http://europa.eu.int/comm/competition/court/

 

Judgments about Antitrust (ECJ: 1962-1999 and CFI: 1990-1999).

http://europa.eu.int/comm/competition/court/antitrust/

 

Judgments about Mergers (ECJ: 1962-1999 and CFI: 1990-1999).

http://europa.eu.int/comm/competition/court/mergers/

 

C.M.L.R. Antitrust Reports. Sweet and Maxwell, 1991-

Continues Common Market Law Reports Antitrust Supplement. 1988-1990

Each year the fourth, and sometimes fifth, volume of the C.M.L.R. is devoted to antitrust/competition matters, including decisions of the European Court of Justice, Court of First Instance, European Commission decisions and notices, merger decisions, legislative texts, and parliamentary answers.

 

LEXIS: EURCOM/COMDEC

November 1959 through July 1997 (archival material only, not currently updated)

WESTLAW: EU-CS

Court of Justice: begins with 1954

Court of First Instance: begins with 1989

C Series of the Official Journal: begins with 1985

e. Publications on EU Competition Law

 

Community Publications on Competition Matters

http://europa.eu.int/comm/competition/publications/publications/

A listing of publications with catalogue number for ordering from sales agents. Publication categories: legislation, official documents, collections of decisions, competition reports, and other documents and studies. A few publications are available in full-text from this page.

 

Competition Policy Newsletter. Vol. 1- 1994 -

http://europa.eu.int/comm/competition/publications/cpn/

Published 3 times a year. Articles on recent developments in EU competition policy.

 

Competition Law of the European Community, 2nd ed. Valentine Korah. LexisNexis, 2001-

 

EC Competition Law Handbook. Christopher Jones and Marc van der Woude. Sweet & Maxwell, 1990-

Annual. Covers EC competition law cases, decisions handed down and tables of fines awarded. Contains all relevant EC competition legislation.

 

EU Competition Law Online. Thomson/Ellis http://www.ellispub.com/index.php?menu=products&site=eu_competition_law_online

A subscription product of ELLIS and Kluwer Law International, this database includes merger materials, notices, cases, legislation and press releases.

 

European Law Review. Sweet & Maxwell, v. 1- Nov. 1975-

Separately titled supplements:

Competition Law Checklist: 1990-1995

Competition Law Survey: 1996-

Contains discussion of horizontal agreements, vertical agreements, joint ventures, licensing, mergers and acquisitions. Discussions analyze relevant cases, decisions and legislation.

 

European Commission. Report on Competition Policy. 23rd (1993)-

(Continues: Commission of the European Communities. Report on Competition Policy. 1972-1993.)

Annual. Covers full range of antitrust and competition matters, with review of policies, decisions and texts of legislation adopted, and lists of Commission and Court decisions with full citations. Available in full-text on EUROPA 1995- : http://europa.eu.int/comm/competition/annual_reports/

 

EC Merger Control Reporter. Kluwer Law International, 1991-

Includes all decisions (in their original language with English translation) of the Commission pursuant to the EC Merger Regulation. Additionally, includes court notes, court judgments, other demands, indexes and a bibliography.

 

EU Citizen's Guide to Competition Policy http://europa.eu.int/comm/competition/citizen/citizen_index.html

is an introduction for the layperson covering antitrust, dominant positions, mergers,

liberalisation, state aid control, and complaints. Includes an online glossary.

 

European Competition Law. Michel Waelbroeck and Aldo Frignani; translated by Françoise Gamet-Pol. Transnational Publishers, 1999.

 

European Union Law Guide. Oceana Publications, 1994-

Six binders containing texts of notices, regulations and treaty articles. Antitrust law is covered in Binder 5.

 

European Union Law Reporter. Sweet and Maxwell. 1962-

(Formerly Common Market Reporter) Four volumes of commentary, topically arranged, and one volume of new developments. Detailed commentary on the principal aspects of EU law and policy.

 

Introductory Guide to EC Competition Law and Practice. 7th ed. Valentine Korah. Hart Pub., 2000.

 

  <TABLE OF CONTENTS>

 

2. European Free Trade Association (EFTA)

 

EFTA Surveillance Authority

http://www.eftasurv.int/

The main task of the EFTA Surveillance Authority is to ensure that European Economic Area (EEA) rules are properly enacted and applied by the EFTA States (Norway, Iceland, and Liechtenstein). The EEA is comprised of the 25 members of the EU and the three EFTA states. The EEA rules aim to guarantee the free movement of goods, persons, services and capital, and prohibit those undertakings, which have the object or effect of restricting competition in all 28 EEA States. The EEA competition rules, Articles 53 and 54, mirror the EU competition rules found in Articles 81 and 82 of the EC Treaty.

EEA Agreement: http://secretariat.efta.int/Web/EuropeanEconomicArea/EEAAgreement/EEAAgreement

 

Competition Field of Work (EFTA)

http://www.eftasurv.int/fieldsofwork/fieldcompetition/

The competition page includes links to the EEA Competition Regime, legal texts, complaints and notifications, and actions taken by the Surveillance Authority.

 

Under the EEA Agreement, the EC Commission and the EFTA Surveillance Authority have equal powers in the EC and EFTA, respectively. The European Commission and the EFTA Surveillance Authority have sought to maintain a uniform approach to competition matters throughout the EEA. Wherever relevant, the two authorities have cooperated, exchanged information and consulted one another, in accordance with the provisions of the EEA Agreement.

 

Co-operation with the European Commission

http://www.eftasurv.int/fieldsofwork/fieldcompetition/activities/coopwithec/

Co-operation provides express power to exchange confidential information and business secrets. Decisions by either body are enforceable throughout the EC member states and EFTA countries.

 

The European Court of Justice sits over EC Commission decisions and the EFTA Court (http://www.eftacourt.lu/) sits over decisions of the EFTA Surveillance Authority.

 

 

D. WESTERN HEMISPHERE

 

1. Andean Community

Andean Community Competition Law (in Spanish)

http://www.comunidadandina.org/comercio/competencias.htm

English language page: http://www.comunidadandina.org/ingles/trade/competition.htm

 

2. Free Trade Area of the Americas (FTAA)

Negotiating Group on Competition Policy

http://www.ftaa-alca.org/NGROUPS/ngcomp_e.asp

-Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere (March 2002);

-Inventory of the Competition Policy Agreements, Treaties and other Arrangements Existing in the Western Hemisphere (March 2002);

-Report on Developments and Enforcement of Competition Policy and Laws in the Western Hemisphere (January 2003).

3. North America Free Trade Agreement (NAFTA)

Text of the North American Free Trade Agreement (NAFTA):

http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=78

Chapter 15 deals with competition policy, monopolies and state enterprises. Chapter 17 on intellectual property addresses control of abusive or anticompetitive practices or conditions.

 

4. Organization of American States (OAS)

Competition Policy, Trade Unit, Organization of American States (OAS):

http://www.sice.oas.org/compol/com_pol.asp

Of note are links to national legislation, competition authorities in the Western Hemisphere, and selected papers and articles (OECD, World Bank, UNCTAD).

 

 

IV. NATIONAL COMPETITION AUTHORITIES AND INTERNATIONAL COOPERATION

Competition authorities are national bodies entrusted with the enforcement of national antitrust laws. In the discussion of international antitrust cooperation, the competition authorities are the primary players involved in these agreements. Web sites for competition authorities provide a selection of the following resources: competition legislation, decisions, news and publications, information about the authority, and speeches.

 

A. COMPETITION AUTHORITIES

 

Enforcement Cooperation Among Antitrust Authorities. http://www.ftc.gov/speeches/other/ibc99059911update.htm

John J. Parisi, US Federal Trade Commission, May 19, 1999 (Updated October 2000).

An overview of antitrust cooperation instruments used by antitrust authorities with particular focus on the US and Europe. Presents a practical anatomy of a merger and how cooperation actually works between the US and Europe.

 

Compilations of links to competition authorities:

 

National Competition Authorities, Competition & Consumer Policies (UNCTAD)

http://r0.unctad.org/en/subsites/cpolicy/english/nat-compaut.htm

Collection of links to the competition authorities of 57 countries plus the EU.

 

Global Competition Forum – Enforcement Agencies

http://www.globalcompetitionforum.org/EnforcementAgencies.htm

Arranged by region, then by country. Also includes links for utility regulators.

National Competition Authorities and other related Ministries of the EU

http://europa.eu.int/comm/competition/national_authorities/

Links to national competition authorities and utility ministries of member countries.

 

Other Competition Sites Worldwide, EU http://europa.eu.int/comm/competition/other_sites/

 

Other Antitrust Sites WorldWide, U.S. Dept. of Justice

http://www.usdoj.gov/atr/contact/otheratr.htm

 

Competition Agencies in the Western Hemisphere, OAS Trade Unit

http://www.sice.oas.org/compol/natcomp.asp#natcompagwh

 

Collection of Competition Websites from OECD members and non-members: http://www.oecd.org/daf/clp/

Select Relevant Links from right sidebar.

 

2004 Handbook of Competition Enforcement Agencies

http://www.globalcompetitionreview.com/hcea/hcea.cfm#

Selected countries with overviews written by firms. Provided by the Global Competition Review.

 

 

 <TABLE OF CONTENTS>

 

B. UNITED STATES COMPETITION AUTHORITIES

The Federal Trade Commission (FTC) and the US Department of Justice (USDOJ) function jointly as the antitrust authority for the United States.

 

Federal Trade Commission (FTC)

Statutes Relating to Competition Mission, Federal Trade Commission

http://www.ftc.gov/ogc/stat2.htm

Includes among others: Clayton Act (15 U.S.C. §§ 12-27, as amended),

Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. §18a) and the

International Antitrust Enforcement Assistance Act of 1994 (15 U.S.C. §§ 6201-6212)

 

United States Department of Justice (USDOJ)

Antitrust Division, United States Department of Justice

http://www.usdoj.gov/atr/index.html

The USDOJ enforces American antitrust laws through civil or criminal actions, where appropriate. International Documents: http://www.usdoj.gov/atr/public/international/intdocs.htm

 

Antitrust Enforcement Guidelines for International Operations, US Dept. of Justice and Federal Trade Commission (April 1995): http://www.usdoj.gov/atr/public/guidelines/internat.htm

These guidelines provide antitrust guidance to businesses engaged in international operations on questions that relate specifically to the DOJ and FTC’s international enforcement policy. (Withdraws 1988 Guidelines.)

 

U.S. International Antitrust Enforcement: A Practical Guide to the Agencies' 1995 Guidelines. Joseph P. Griffin, 53-2nd BNA Corporate Practice Series.

International Competition Policy Advisory Committee (ICPAC)

Final Report, 2000

http://www.usdoj.gov/atr/icpac/icpac.htm

The ICPAC was a group of distinguished experts appointed by the USDOJ and charged with reviewing and reporting upon the competition issues arising out of the global economy. The report found that over 80 countries had passed antitrust legislation but differences in legislative approaches to antitrust called for greater cooperation. Cooperation would be best achieved through “soft harmonization and convergence of systems.” Executive Summary, p.2 (PDF format). To that end, the Report proposed a Global Competition Initiative that would be a forum to exchange views and develop consensus.

 

1992 Horizontal Merger Guidelines, FTC and USDOJ: http://www.ftc.gov/bc/docs/horizmer.htm

Includes April 8, 1997 Revisions.

 

 

C. INTERNATIONAL COMPETITION COOPERATION

 

International antitrust cooperation agreements can be broadly divided into the following types of instruments:

 

Antitrust Cooperation Agreements

Generally bilateral agreements between antitrust enforcement/competition authorities. Antitrust cooperation agreements do not provide for additional assistance beyond what is already enabled by domestic law. These agreements are executive agreements, which are formal, binding international agreements. They do not rise to the level of a treaty because they do not require the two-thirds consent of the U.S. Senate.

Antitrust Mutual Assistance Agreements

Provide for more extensive cooperation than antitrust cooperation agreements. In the US, the International Antitrust Enforcement Act (IAEAA) of 1994 (15 U.S.C. §§6201-6212) authorized the FTC and USDOJ to enter into antitrust mutual assistance agreements. These agreements enabled the FTC and USDOJ to obtain certain categories of confidential information from domestic sources for foreign antitrust authorities, and for seeking comparable assistance from those foreign authorities. The sharing of confidential information among competition enforcement agencies is a major concern.

Currently, the US has entered into only one such agreement: Agreement Between the Government of the United States and the Government of Australia on Mutual Enforcement Assistance

http://www.ftc.gov/os/2000/07/ftcacccagrmnt.htm

Reprinted in 4 Trade Reg. Rep. (CCH) ¶ 13,502A.

 

Mutual Legal Assistance Treaties (MLAT)

Facilitate obtaining evidence located abroad in investigations, prosecutions and proceedings related to criminal matters through bilateral treaties. Signatories can obtain evidence at the request of the other signatory. The language of each mutual legal assistance treaty is different and must be carefully studied. Some such treaties exclude antitrust activities and others require dual criminality standard in which the underlying activity must be a certain type of criminal offense in both countries. The US has entered into more than 50 mutual legal assistance treaties. For US MLATs, see Treaties in Force 2004 (http://www.state.gov/s/l/38294.htm) compiled by the Treaty Affairs Staff, Office of the Legal Adviser, Department of State.

 

Extradition Treaties

Extradition treaties are bilateral treaties that allow individuals to be extradited for prosecution in the requesting state. Extradition treaties may either contain a list of extraditable offenses, or a seriousness of offense standard. Not widely applicable to antitrust cases. For US extradition treaties, see Treaties in Force: http://www.state.gov/s/l/38294.htm 

 

Competition Agreements of the United States

The US has signed agreements with Australia, Brazil, Canada, Germany, Israel, Japan and Mexico and the European Communities. Text of US international antitrust agreements available in 4 Trade Reg. Rep. (CCH)

¶13, 501 et seq. and at: http://www.usdoj.gov/atr/public/international/int_arrangements.htm  

 

Agreement between the European Communities and the Government of the United States of America Regarding the Application of Positive Comity Principles in the Enforcement of their Competition Laws (June 4 1998)

http://europa.eu.int/comm/competition/international/bilateral/documents/us3_en.html

Reprinted in 4 Trade Reg. Rpt. (CCH) ¶ 13,504A; 1998 OJ (L173) 26, June 18, 1998.

Alternate site: http://www.ftc.gov/bc/us-ec-pc.htm

Alternate site: http://www.usdoj.gov/atr/public/international/docs/1781.htm

 

Agreement Between the Government of the United States of America and the Commission of the European Communities Regarding the Application of their Competition Laws [1991 EC/US Competition Co-operation Agreement] (Sept. 23, 1991)

http://www.usdoj.gov/atr/public/international/docs/ec.htm

1995 OJ (L 95) 47, April 27, 1995.

Alternate site: http://europa.eu.int/comm/competition/international/bilateral/documents/us3_en.html

 

US-EU Merger Working Group, Best Practices on Cooperation in Merger Investigations:

http://www.usdoj.gov/atr/public/international/docs/200405.pdf

Sets forth best practices, which the United States federal antitrust agencies and the European Commission will seek to apply when they simultaneously review the same merger transaction.

 

The European Union has concluded dedicated competition agreements with the following countries:

 

Canada

Agreement Between the Government of Canada and the European Communities Regarding the Application of their Competition Laws, 1999 OJ (L175) 49, July 10, 1999:

http://europa.eu.int/comm/competition/international/bilateral/documents/ca3_en.html

Alternate site: http://cb-bc.gc.ca/epic/internet/incb-bc.nsf/en/ct01242e.html

 

Japan

Agreement Between the Government of Japan and the European Community Concerning Cooperation on Anticompetitive Activities:

http://europa.eu.int/comm/competition/international/bilateral/japan/inv_en.pdf

 

Bilateral Co-operation

http://europa.eu.int/comm/competition/international/bilateral/bilateral.html

between the EU and specific countries or regions. Listed by country.

Nordic Co-operation

http://www.konkurransetilsynet.no/

Select English, then select link for Nordic co-operation. A Nordic agreement in competition cases enables Denmark, Norway, Sweden and Iceland to exchange confidential information regarding mergers, cartels and abuse of dominant position.

 

  <TABLE OF CONTENTS>

 

V. NATIONAL COMPETITION LAWS

Convergence occurs when a number of shared principles regularly appear in national competition legislation.

 

Model Law on Competition. Geneva: United Nations, 2003.

(TD/RBP/CONF.5/7):

Also available: http://r0.unctad.org/en/subsites/cpolicy/english/modelaw.htm

In English, French, Spanish and Arabic. This document contains draft possible elements for articles of a model law, and commentary to these articles.

 

Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World. Thomas H. Reynolds and Arturo A. Flores. (AALL Pub. Series No. 33) Hein, 1989-

Available in print and as a web-based product. Organized into 3 volumes consisting of 8 individual loose-leaf volumes. Each country has a standardized Subject Arrangement that is an alpha order of subjects with references to specific laws, acts, codes in the official sources, and to English translations, if available. Suggested subject heading: Antitrust and Trade Regulation (Unfair Competition). Each country chapter ends with a Bibliography of the country-specific titles cited.

 

Martindale-Hubbell International Law Digest. Martindale-Hubbell, 1993-

Digests for 80 countries, plus European Union, Canadian provinces and territories. Digests written by foreign law firms. See under Heading: Business Regulation and Commerce, or Monopolies/ Restraint of Trade/Competition at beginning of each country digest. Available electronically: http://corporate.martindale.com/xp/Corporate/Login/introduction.xml

 

The following sites provide links to the text of national legislation.

 

National Competition Legislation, Competition & Consumer Policies (UNCTAD)

http://r0.unctad.org/en/subsites/cpolicy/english/comp_leg_list.htm

Legislative texts are available for Bulgaria, Chile, Indonesia, Israel, Jamaica, Kenya, Lithuania, Malawi, Mexico, New Zealand, Thailand, Turkey, Ukraine, Zambia, and Zimbabwe.

 

Global Competition Forum

Countries arranged by region. Available information for each country includes overview, legislation, reports, selected cases, press releases, annual reports, publications, contact information and competition authority web sites.

 

Africa

http://www.globalcompetitionforum.org/africa.htm

 

Middle East and Asia

http://www.globalcompetitionforum.org/asia.htm

 

Europe

http://www.globalcompetitionforum.org/europe.htm

 

North and Central America http://www.globalcompetitionforum.org/n_america.htm

 

South America

http://www.globalcompetitionforum.org/s_america.htm

 

Oceania

http://www.globalcompetitionforum.org/oceania.htm

 

Handbook on Competition Legislation (UNCTAD)

http://r0.unctad.org/en/subsites/cpolicy/english/cphandbook.htm

Each year contains commentary and the text of competition legislation for several countries.

2001 - Georgia, Morocco and Ukraine (TD/B/COM.2/CLP/17)

1999 - Croatia, Senegal and Tunisia (TD/B/COM.2/CLP/15)

1998 - Colombia, Japan and South Africa (TD/B/COM.2/CLP/6)

1997 - Algeria, Côte d'Ivoire and Hungary (TD/B/COM.2/EM/11)

1996 - Bulgaria, Czech Republic and Romania (TD/B/COM.2/EM/6)

1995 – Lithuania, Mexico, Slovak Republic and Zambia (TD/RBP/Conf.4/3)

 

Global Legal Information Network (GLIN)

http://www.glin.gov

GLIN is a database of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations.

As of February 2005, 18 countries have made texts of their laws freely available to the public. Each document is accompanied by a summary in English. Searchable.

 

Merger Review Laws, Related Materials, and Templates (ICN)

http://www.internationalcompetitionnetwork.org/mergercontrollaws.html

This page provides links to merger-related materials, including current merger legislation, implementing rules and regulations, guidelines, and related materials available on ICN members' websites.

 

National Legislation on Competition Policy, OAS Trade Unit

http://www.sice.oas.org/compol/natleg.asp#natleg

Legislative texts for Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Guatemala, Jamaica, Mexico, Nicaragua, Panama, Peru, USA, Uruguay, and Venezuela.

 

OECD Global Forum on Competition - Laws, Decrees and Agreements

Texts of laws for the following countries:

Algeria

http://www.oecd.org/dataoecd/12/11/27996547.pdf

Brazil

http://www.oecd.org/dataoecd/14/41/1817679.pdf

Croatia

http://www.oecd.org/dataoecd/35/7/26004218.pdf 

Vietnam (draft law)

http://www.oecd.org/dataoecd/14/51/1817636.pdf

 

Commercial Laws of Europe. European Law Centre. v. 1- Apr. 1978-

Includes translation of antitrust and competition legislation.

 

Note: Depending upon how frequently information and links are updated, recent legislation may not be included in web sites and compilations. Check national competition authorities for updates. For example, the new Norwegian legislation was not available from compilations in June 2004. Norwegian Competition Act of 2004 (effective May 1, 2004)

http://www.konkurransetilsynet.no/internett/index.asp?strUrl=1004939i

 

Also check official gazettes in print and selected gazettes available online from the University of Michigan. http://www.lib.umich.edu/govdocs/gazettes/  

 

 <TABLE OF CONTENTS>

 

 

VI. NATIONAL LAW COMMENTARY

See also Section I for commentary of national competition legislation and regulation

 

Competition Law and Policy in South Africa (May 2003)

http://www.oecd.org/dataoecd/52/13/2958714.pdf

 

Competition Law and Policy in Chile (January 2004)

http://www.oecd.org/dataoecd/51/53/24955980.pdf

 

Competition Law of Canada. Juris Publishing, 1988-

Three volumes including commentary, text of laws, guidelines, documents and case law.

 

Competition Law in China. Chaowu Jin & Wei Luo. W.S. Hein, 2002.

 

Doing Business in Japan. Zentaro Kitagawa (ed.) M. Bender, 1980-

Chapter 17: Competition Law

 

Business Transactions in Germany. Bernd Rüster (ed.) M. Bender, 1983-

Four volumes of commentary and one volume of statutory material.

 

German Antitrust Site

http://www.antitrust.de/

Provided by Joachim Rudo, Attorney-at-Law with links to legislation, articles and information from German antitrust authorities.

 

Swiss Commercial Law Publications by Bär & Karrer

These volumes contain substantive analysis of Swiss law.

 

Vol. 6: Introduction to the New Swiss Act on Cartels. David T. Känzig, 1996.

http://www.baerkarrer.ch/media/publications/scls/4_3_6.pdf

Includes an English translation of the Act on Cartels and the Merger Ordinance.

 

Vol. 7: Merger Control in Switzerland. Urs Lehmann and Rolf Watter, 1998.

http://www.baerkarrer.ch/media/publications/scls/4_3_7.pdf

 

Vol. 8: Introduction to Swiss Anti-Trust Law. Marc Amstutz et al., 1998.

http://www.baerkarrer.ch/media/publications/scls/4_3_8.pdf

 

Vol. 11: Swiss Mergers & Acquisitions Practice. Ralph Malacrida, Nedim Peter Vogt and Rolf Watter, 2001.

http://www.baerkarrer.ch/media/publications/scls/4_3_8.pdf

 

Vol. 14: Arbitrating Antitrust and Merger Control Issues. Marc Blessing, 2003.

http://www.baerkarrer.ch/media/publications/scls/4_3_14.pdf

 

Materials from the First Annual ICN Conference, Naples, Italy (September 28-29, 2002): http://www.internationalcompetitionnetwork.org/annualconference2002.html

Included among the materials are documents from the Analytical Framework for Merger Review Subgroup that has studies on mergers from Australia, Germany, South Africa, and the United States. The Annex includes Jurisdictional Matrix (for mergers) from many countries.

Also available materials from Second Annual Conference (2003) http://www.internationalcompetitionnetwork.org/annualconference2003.html

and the materials from Third Annual Conference (2004).

http://www.internationalcompetitionnetwork.org/annualconferences.html

 

OECD Annual Reports

http://www.oecd.org/daf/clp/

Select Competition Analysis from left sidebar, at next page select Annual Reports by Country. Covers 28 countries plus the European Union. Annual reports contain a summary of competition activities of a country during the year. Reports available from 2001 to present.

 

OECD – Information by Country

http://www.oecd.org/competition

Select Information by Country. Under each country find the text of country surveys, reviews, and/or guides. Covers 41 countries plus the European Union.

 

 

VII. RESEARCH GUIDES

 

American Antitrust Institute

http://www.antitrustinstitute.org/

Select links then International Info. Guide to Antitrust Resources on the Web. http://www.antitrustinstitute.org/links.cfm

 

Antitrust Law (Foreign and International Antitrust Issues) - Research Guides, Georgetown University Law Library: http://www.ll.georgetown.edu/intl/guides/antitrust/

 

Electronic Information System for International Law (EISIL)

http://www.eisil.org/

A project of the American Society of International Law. A searchable, browseable database of the highest quality primary materials, authoritative web sites and helpful research guides to international law on the Internet.

 

Germain's Transnational Law Research: A Guide for Attorneys. Claire M. Germain.

Transnational Publishers, Inc., 1991-

See Antitrust Law in Part IV.

 

Research Guide: International and Comparative Competition Law Seminar. (Spring 2005)

http://ls.wustl.edu/Infores/Library/Guides/intl-comp.html

By Dora Bertram of the Washington University Law Library.

 

VIII. PERIODICAL LITERATURE

 

A. Bibliographic Resources

 

LegalTrac

http://www.galegroup.com/tlist/sb5088.html

Site is listing of included journals. Coverage: U.S. and other common law jurisdictions.

Available on Internet and CD ROM as subscriptions. Also available on LEXIS and WESTLAW. The print version is Current Law Index.

 

Index to Legal Periodicals & Books (ILP) http://www.hwwilson.com/Databases/legal.cfm  

Coverage: U.S. and other common law jurisdictions.

Available on LEXIS and WESTLAW.

 

Index to Foreign Legal Periodicals (IFLP)

http://www.law.berkeley.edu/library/iflp/

Coverage: international law, comparative law, and non-common law jurisdictions.

Also on WESTLAW (IFLP).

 

Legal Journals Index (LJI)

Coverage: UK and other European countries. Available on Westlaw (LJI). Coverage 1986-

 

B. Online Papers – Selected

 

Competition Law Scholars Forum (CLaSF)

http://www.clasf.org/index.html

Founded in 2002 with the aim of promoting scholarship in the field of competition law. Focus on UK and EU law. Selection of working papers in full-text.

 

Dialogue and Consultation Facilitates Convergence in the Analyses of Mergers in

the EU and US. David Scheffman and Mary Coleman, Federal Trade Commission.

http://www.ftc.gov/be/convergence.pdf

 

Application of Competition Law: Exemptions and Exceptions (UNTAD/DITC/CLP/Misc.25)

http://www.unctad.org/EN/docs/ditcclpmisc25_en.pdf

 

Sustainable Competition Law.

http://www.cisdl.org/pdf/Cancun_WTO_LegalBrief2.pdf

Markus W. Gehring. 2003 Fifth Session of the Ministerial Conference of the World Trade Organization, Sept. 10-13, 2003.

 

McMillan Binch LLP

http://www.mcmillanbinch.com/  

A Canadian business law firm with a collection of papers and publications. Select Publications, then search with keyword or use practice area pull-down menu. Options include competition/antitrust, mergers, abuse of dominance, IP/competition and other related areas.

 

United States Antitrust Implications of Doing Business Overseas: Basic Principles.

http://www.kslaw.com/library/pdf/blum_antitrust.pdf

William Blumenthal and David L. Finnegan, King and Spaulding (Jan. 1, 1995)

 

Extraterritoriality, Institutions, and Convergence in International Competition Policy.

http://www.ftc.gov/speeches/other/031210kovacic.pdf

This paper by William Kovacic is based upon a presentation given at the 2003 American Society of International Law Annual Meeting.

 

C. Newspapers

 

Wall Street Journal

http://online.wsj.com/public/us

Available on Lexis (NEWS/WSJ) and Westlaw (WSJ)

 

Financial Times

http://news.ft.com/home/us

Available on Lexis (NEWS/FINTME) and Westlaw (FTI).

 

IX. SPECIALIZED COMPETITION LAW JOURNALS

 

Antitrust. Section of Antitrust Law, American Bar Association. v. 1- 1986-

 

Antitrust Bulletin. Federal Legal Publishing. v. 1- 1955-

 

Antitrust Law Journal. American Bar Association, v. 32- 1966-

 

Antitrust Report. M. Bender.

Published quarterly. Also available as part of the subscription to Antitrust Laws and Regulations, 2nd ed. Julian O. von Kalinowski, et al.

Articles and developments on domestic, foreign and international antitrust law.

 

Common Market Law Review. Kluwer Law International, Vol. 1, no. 1 (June 1963)-

Articles, case law and book reviews.

 

Competition & Consumer Law Journal. Sydney: Butterworths. 1993-

 

Competition Law in the European Communities (CLEC)

http://www.competition-law.com/

A monthly newsletter that follows developments in competition law and policy under the EC Treaty.

 

European Competition Law Review (ECLR). Sweet & Maxwell, Vol. 1- (1980)-

Includes editorial discussion, analysis, news from European institutions, and national reports covering case law and new legislation.

 

Electronic Journals of the U.S. Information Agency

http://usinfo.state.gov/journals/journals.htm

A selection of electronic journals. Economic Perspectives, focuses on trade issues and has back issues to 1996. See in particular: “Antitrust and Competition Policy” Economic Perspectives. Vol. 4, No. 1, February 1999. http://usinfo.state.gov/journals/ites/0299/ijee/toc.htm

 

OECD Journal of Competition Law and Policy. Organisation for Economic Co-operation and Development. 1999-

http://www.oecd.org/document/39/0,2340,en_2649_37463_1915239_1_1_1_37463,00.html

Articles focusing on competition law in member countries and on recent developments from the OECD Committee on Competition Law and Policy. Available by subscription.

 

World Competition: Law and Economics Review. Kluwer Law International, 1988- Continues: Swiss Review of International Competition Law (1984-1987) and Swiss Review of International Antitrust Law (1977-1984)

Published four times a year. Substantive articles on competition law, unfair trade practices, and antitrust issues from around the world.

 

Global Competition Review

http://www.globalcompetitionreview.com

Select Reviews tab for articles focusing on the Americas, Asia-Pacific, and Europe.

Select Getting the Deal Through for jurisdictional overviews for a variety for specific sectors. Select Who’s Who tab for searchable directory of competition lawyers and economists, M&A lawyers, and trade lawyers. Part of the lawyer directory at Who’s Who Legal: http://www.whoswholegal.com/

 

The Antitrust Source

http://www.abanet.org/antitrust/source/home.html

A free online magazine from the ABA Antitrust Section published 6 times per year. Includes commentary, articles and links. From November 2001 to present.

 

Global Antitrust Weekly, (NERA Newsletter) http://www.nera.com/Newsletter.asp?n_ID=28

Free newsletter that summarizes news about current cases in antitrust and competition policy in Europe, North America, Australasia, South Africa, Japan and Korea. Available online from Issue 225 (March 13, 2003).

 

International Cartel History Site.

http://www.let.leidenuniv.nl/history/rtg/cartels/

Leiden University Historical Institute

 

X. SPEECHES AND PRESS RELEASES

 

Speeches by antitrust/competition officials provide information and context to this constantly evolving area of law. For speeches by officials of other agencies, check for availability at the competition authorities’ web sites listed above in IV. National Competition Authorities And International Cooperation.

 

Antitrust Division, U.S. Department of Justice http://www.usdoj.gov/atr/public/speeches/speeches.htm

Speeches 1994 – present (selected pre-1994) arranged chronologically and by speaker.

 

Federal Trade Commission (FTC)

http://www.ftc.gov/speeches/speech1.htm

Speeches 1995 to present.

 

Speeches, DG Competition, EU

http://europa.eu.int/comm/competition/speeches/

Speeches 1995 to present.

 

RAPID New Generation (EU)

http://europa.eu.int/rapid/

RAPID database contains all the press releases of the Commission since 1985.

Provides access to the press releases of the Commission since 1985 and press releases of some of the other European institutions, particularly the Council of the Union.

 

Press Releases, European Commission

http://europa.eu.int/comm/competition/press_releases/

 

 

XI. DICTIONARIES AND GLOSSARIES

 

Glossary of Industrial Organisation Economics and Competition Law.

Organisation for Economic Co-operation and Development, 1993.

A version (undated) is available at http://www.oecd.org/dataoecd/8/61/2376087.pdf

 

Glossary of Terms used in Competition related matters (EU) http://europa.eu.int/comm/competition/general_info/glossary_en.html

 

Eurodicautom

http://europa.eu.int/eurodicautom/Controller

A multilingual term bank from the European Commission. As of 2/22/05, translates into 11 languages of the EU plus Latin.

 

Glossary of Antitrust Terms. Charles E. Mueller Vol. 26 Antitrust Law and Economics Review, No. 4 (1995): http://www.metrolink.net/~cmueller/ii-03.html

 

Dictionary for International Trade in Five Languages. D.C. Van Hoof. Antwerpen: Intersentia, 1997. Includes terms and related terms translated into English, German, French, Spanish, and Dutch.

 

ASYCUDA – Automated System for Customs Data (UNCTAD)

http://www.asycuda.org/cuglossa.asp

Glossary of customs and trade terms. Browse alphabetically or search by term.

 

 

XII. BIBLIOGRAPHIES

 

Peace Palace Library, The Hague.

Bibliography on the World Trade Organization.

http://www.ppl.nl/bibliographies/all/?bibliography=wto

New database driven bibliography. Currently updated.

Select Competition Policy under Other Topics.

 

An earlier bibliography (http://www.ppl.nl/hugo/WTObibliographycompbiblio.htm) updated until summer 2003. This listing is no longer updated:

 

Abbreviation listing.

http://www.ppl.nl/hugo/WTObibliographyabbrev..htm

 

 

XIII. SEARCHING ONLINE CATALOGS

 

ECLAS: European Commission Libraries Catalogue

http://europa.eu.int/eclas/

ECLAS is a bibliographic database consisting of about 350,000 records on European affairs.

 

LibDex: http://www.libdex.com/country.html

Geographic arrangement of web library catalogs from around the world.

 

These subject headings can also be subdivided geographically as indicated below. Some suggested headings for international competition law include:

 

Antitrust law--European Union countries.

Antitrust law--European Economic Community countries.

 

antidumping law and legislation---[country]

 

antitrust law---[country]

 

competition, unfair---[country]

 

competition law and legislation---[country]

 

consolidation and merger of corporation

 

monopolies

 

restraint of trade---[country]

 

 

XIV. PARTICULAR AREAS OF COMPETITION

 

Professional Services

Competition Policy and Liberal Professions (EU)

http://europa.eu.int/comm/competition/liberalization/conference/libprofconference.html

 

Negotiations on Services (WTO)

http://www.wto.org/english/tratop_e/serv_e/s_negs_e.htm

 

Toward a Borderless Market for Professional Services.

http://www.antitrustinstitute.org/recent2/316.cfm

Bernard Ascher (April 26, 2004).

 

Competition in Professional Services, OECD Roundtable (DAFFE/CLP(2000)2).

http://www.oecd.org/dataoecd/35/4/1920231.pdf

 

Sectors

OECD Best Practices/Roundtables

http://www.oecd.org/daf/clp

Select Best Practices/Roundtables from right sidebar. Papers focusing on competition issues including sectors such as telecommunications, electricity, road transport, electronic commerce, professional services.

 

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XV. RECENT INTERNATIONAL COMPETITION CASES IN THE NEWS

 

A. Microsoft

United States v. Microsoft, USDOJ

http://www.usdoj.gov/atr/cases/ms_index.htm

Includes links to settlement information, supreme court filings, appeals court filings, district court filings, and links to other Microsoft cases.

 

Commission Decision of April 24, 2004 relating to a proceeding under Article 82 of the EC Treaty (Case COMP/C-3/37.792 Microsoft):

http://europa.eu.int/comm/competition/antitrust/cases/decisions/37792/en.pdf

For earlier documents and press releases on Microsoft case, browse for case no. 37.792 at http://europa.eu.int/comm/competition/antitrust/cases/

 

Microsoft Antitrust Case Documents, The National Association of Attorneys General:

http://www.naag.org/issues/microsoft/

 

B. Boeing / McDonnell Douglas

Joint Statement Closing Investigation of Proposed Merger and Separate Statement of Commissioner Mary L. Azcuenaga, FTC File No. 971-0051, July 1, 1997. Reprinted in Trade Reg. Rep. [Transfer Binder 1997-2001, ¶24,295]

 

Boeing/McDonnell Douglas, Case No. IV/M.877, European Commission Decision of 30 July 1997, OJ L336/16 (8 December 1997).

 

Statement of Chairman Robert Pitofsky and Commissioners Janet D. Steiger, Roscoe B. Starek III and Christine A. Varney in the Matter of The Boeing Company/McDonnell Douglas Corporation, File No. 971-0051:

http://www.ftc.gov/opa/1997/07/boeingsta.htm

 

FTC – Closing Letter

Re: Proposed Acquisition of McDonnell Douglas Corporation by the Boeing Company, File No. 971-0051: http://www.ftc.gov/os/1997/07/boeingclose.htm

 

The Boeing/McDonnell Douglas Merger: The Economics, Antitrust Law and Politics of the Aerospace Industry, Thomas L. Boeder and Dr. Gary J. Dorman, 2000

http://www.perkinscoie.com/content/serviceareas/resourcecenter/antitrust/boeing_mcdonnell.pdf

 

 

C. General Electric / Honeywell

Justice Department Requires Divestitures in Merger Between General Electric and Honeywell,

USDOJ Press Release, May 2, 2001:

http://www.usdoj.gov/atr/public/press_releases/2001/8140.htm

 

GE, Honeywell Merger is Cleared by DOJ Pending Spin-Off of Helicopter Engine Sector, 80 Antitrust & Trade Reg. Rep. (BNA) at 432 (May 11, 2001).

 

General Electric/Honeywell, Case No. COMP/M.2220, Commission Decision, July 3, 2001

http://www.europa.eu.int/comm/competition/mergers/cases/decisions/m2220_en.pdf

 

The Anatomy of the GE-Honeywell Disaster. Michael Elliott. Jul. 08, 2001 (Internet Edition): http://www.time.com/time/business/article/0,8599,166732-1,00.html

 

Trans-Atlantic Divergence in GE/Honeywell: Causes and Lessons. Donna E. Patterson and Carl Shapiro. November 12, 2001:

http://faculty.haas.berkeley.edu/shapiro/divergence.pdf

Prepared for Antitrust Magazine, Fall 2001.

 

Justice Department Requires Divestitures in Merger Between

General Electric and Honeywell, Press Release 01-202, May 2, 2001:

http://www.usdoj.gov/atr/public/press_releases/2001/8140.pdf

 

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