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International Signals: The Political Dimension of International Competition Law Harmonization

Scholarship The article, written jointly by a law professor and political science professor, endeavors to explain why the United States is particularly resistant to various efforts at international harmonization of antitrust law.

Although many states have advocated for the internationalization of antitrust laws, the United States has resisted a multilateral solution. We place the conflict over antitrust laws within the larger framework of international relations and draw out some novel implications of the debate by connecting the harmonization of international economic laws with the promotion of international peace and security. The harmonization of global antitrust laws is imbued with a political dimension that confers political benefits on the United States.

By crafting institutions in which other parties must alter their domestic political structures, the United States receives a credible commitment from other states of their willingness to bear the domestic costs of adherence to the specific agreement under negotiation, helping the United States identify potential allies. Separating budding friends from probable foes is a critical task of international security, and the United States derives political benefits from international agreements in a way that transcends the substance of the agreements themselves.

Read the full paper here.

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Antitrust & Consumer Protection

A quick note on Intel

TOTM I am curious about something.  AMD and Intel have been competing head to head for more than 15 years, at least since AMD released its . . .

I am curious about something.  AMD and Intel have been competing head to head for more than 15 years, at least since AMD released its Intel 386 clone in the early 90s.  In that time, inarguably, microprocessor prices have plumeted and  processing power and other features have increased dramatically (I’m aware that we don’t know what the but-for world would look like, but these effects have been enormous).

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Antitrust & Consumer Protection

The Costs of International Antitrust Enforcement and Superficial Convergence

TOTM There is an interesting profile on Intel in the WSJ.   While the profile focuses on some of the technological and competitive challenges facing Intel and CEO Paul . . .

There is an interesting profile on Intel in the WSJ.   While the profile focuses on some of the technological and competitive challenges facing Intel and CEO Paul Otellini, the CEO mentions the proliferation of antitrust laws across the globe, and the uncertainty associated with regulatory costs in such an environment, as one of the major potential impediments facing the company…

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Antitrust & Consumer Protection

An Unsurprising Result

TOTM The Irish Competition Authority releases a report offering the stunning finding that “The retail planning system limits competition among grocery retailers and as a result . . .

The Irish Competition Authority releases a report offering the stunning finding that “The retail planning system limits competition among grocery retailers and as a result consumers are not getting the best possible choice or value for money.”

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Antitrust & Consumer Protection

International Antitrust Explosion in the FT

TOTM Financial Times (HT: Danny Sokol) highlights the problem of multi-jurisdictional antitrust enforcement, emphasizing the rise of India and China.  The article repeats the basic point, . . .

Financial Times (HT: Danny Sokol) highlights the problem of multi-jurisdictional antitrust enforcement, emphasizing the rise of India and China.  The article repeats the basic point, worth repeating, that international cooperation can help avoid bad outcomes with multiple regulatory stakeholders with different incentives and institutional environments…

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Antitrust & Consumer Protection

Intel’s Loyalty Rebates: Why the Interventionists Are Wrong

TOTM The New York Times isn’t the only one calling for the FTC to go after Intel for its purportedly exclusionary discounting. The reliably interventionist American . . .

The New York Times isn’t the only one calling for the FTC to go after Intel for its purportedly exclusionary discounting. The reliably interventionist American Antitrust Institute concurs. In a recent letter to the FTC, it wrote…

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Antitrust & Consumer Protection

Here We Go Again? The Transatlantic Fireworks over Microsoft Begin …

TOTM EU Competition Commissioner Neelie Kroes responds to the USDOJ Antitrust AG’s criticism of the recent Microsoft decision… Read the full piece here. 

EU Competition Commissioner Neelie Kroes responds to the USDOJ Antitrust AG’s criticism of the recent Microsoft decision…

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Antitrust & Consumer Protection

Reactions to the Microsoft Decision

TOTM The reaction to the CFI’s Microsoft decision (press release here) thus far has been largely negative. Read the full piece here.

The reaction to the CFI’s Microsoft decision (press release here) thus far has been largely negative.

Read the full piece here.

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Antitrust & Consumer Protection

Chinese Antitrust Law Coming Soon … ?

TOTM It looks like, according to this report, the long-awaited Chinese Anti-Monopoly law will be passed next week and take effect August 1, 2008.  See here . . .

It looks like, according to this report, the long-awaited Chinese Anti-Monopoly law will be passed next week and take effect August 1, 2008.  See here for my recent post on the Chinese antitrust law with links to relevant scholarship, and here for Geoff’s earlier post while visiting the Conglomerate a while back. See also the China Business Law Blog on the NDRC’s successful challenge against the China Ramen Noodle Association under the Price Law.

Read the full piece here.

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Antitrust & Consumer Protection