Antitrust and Competition Laws
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Antitrust and Competition Laws offers a comparative history and analysis of competition laws, from the current global proliferation of laws back to the pre-modern world before 1880, including classical Athens, India, Rome, imperial China, the Islamic world and post-Roman Europe. The book is intended for members of the global antitrust community — lawyers, economists, scholars and policymakers — as well as readers interested in economic and legal history.
Competition law has reflected changes in economic conditions, developments in economic theory and reconfigurations of political interests. Antitrust and Competition Laws examines recurring issues that continue to the present. History provides not only a broader context to examine those issues but also offers ideas on how they might be resolved today. For example, calls for (re)introduction of social or political policies into U.S. antitrust law — such as protection of small business units, democratic processes or wealth inequalities — raise the important issue how they can be integrated into a legal analysis that essentially rests on economic principles.
Also from author Barry Hawk is Monopoly in America. Toffers a tour d’horizon of the American experience with the notion of monopoly, It examines the American antimonopoly tradition from its inception in the early 1600s to the present debate about the effectiveness of antitrust laws to deal with today’s monopolies. The modern antitrust law pivot away from government monopoly grants to private firm monopoly raises questions that remained largely in the background before the antitrust movement of the 19th century: how do we apply laws dealing with private monopoly so as not to stifle entrepreneurial drive, incentives and innovation? How will the yin (opportunity to compete) and yang (entrepreneurial spirit and success) be reconciled by courts and authorities in deciding whether a successful firm has violated the law—a reconciliation often hidden by opinions couched in the minutiae of economic and legal analysis. This book is intended to provide an often-overlooked context in answering those questions.
Purchase both books together and get a 25% discount on the entire order! Add both items to your online shopping cart in either print or digital format and use promo code HAWK25.
Barry Hawk is former Director of the Fordham Competition (formally Corporate) Law Institute and former Partner with Skadden Arps (New York and Brussels). He is former Vice Chair of the ABA Antitrust Section and former Chair of the New York State Bar Association Antitrust Section, as well as Professor at Fordham Law School and Visiting Professor at Michigan Law School, Monash University Law School, New York University Law School and the University of Paris.
“When I heard that Barry Hawk was ferreting around in the cuneiform mysteries of Mesopotamian antitrust law, my heart slightly sank. How could research in those premodern eras be useful to understanding today’s competition laws and why they are or are not useful? It took not more than ten minutes to realise that history has – of course – much to teach us; and that a calm accurate review of why we have competition law is deeply relevant to what competition law is, and where it goes. The European story is the section of the book that I know best and I was fascinated by the bold clarity with which the author puts in context the motivating forces. Having witnessed events and developments which are now described as past history, I can agree and sometimes not quite agree with the account of Professor Hawk. I am not aware of any work which attempts such a broad and high --- yet precise and detailed --- account of a subject which has become enormously important politically, economically and judicially. This is a splendid work of legal literature.”
Ian Forrester, Judge, EU General Court (2015 – 2020); former partner at White & Case
“Barry has written a book that brings true and deep historical perspective to many of the same philosophical and policy challenges faced today by antitrust agencies and courts across the globe. It is often said that ‘you don’t know where you are going unless you know where you have been,’ and Barry provides that perspective at length in this provocative and interesting read, along with his usual prescient thoughts on the future of antitrust.”
James Keyte, Brattle Group; former Partner at Skadden Arps
“It has been said that to know where you are going, you need to know where you are and where you have been. This book provides clear descriptions and analyses of the foundations of competition policy in the U.S. and E.U., done by an author who has studied them as both a leading academic and practitioner. The book is essential reading for attorneys, economists, and policy makers interested in competition policy and practice on both sides of the ocean.”
James Langenfeld, PhD; Senior Managing Director, Ankura; former Director for Antitrust, Bureau of Economics, Federal Trade Commission
“It is quite a magnum opus which Barry has crafted with such detail, and which captures not just the legal principles but the political economy which often govern the design and intensity of market regulatory regimes, including competition laws. Economic democracy is a building block of political democracy, while Barry has postulated as to how the latter defines the contours of the earlier or the interaction between both. Highly recommended to anyone interested in understanding the evolution and journey of competition laws, and their political economy context.”
Pradeep S. Mehta, Secretary General, CUTS International
“Barry is the living embodiment of antitrust and his knowledge of US antitrust law and EU competition law is peerless. Having practiced both in the US and in the EU with great success, he manages brilliantly to convey all the nuances of the two systems in this book, putting them into a historical perspective that proves to be remarkably insightful. Antitrust and Competition Laws is the result of decades of experience, practice and study. It guides the reader through the complex evolution of competition law in an incomparable way. It is an invaluable contribution to the antitrust debate and a precious tool for scholars, practitioners, judges, and all those who will be able to take the fullest advantage of it. To sum it up, this book is a must-read for the entire antitrust community in the world.”
Enrico Adriano Raffaelli, Rucellai & Raffaelli
“This book has a sweeping comparative perspective, and a worldwide vision. It is full of information and shrewd insights for antitrust experts everywhere, especially for lawyers and economists in the two great antitrust traditions of the European Union and the USA.”
John Temple Lang, Cleary Gottlieb Steen & Hamilton; former Director, DG Comp, EU Commission
“It might be possible to litigate or pursue research in competition law solely with a good command of textbooks and recent cases. However, if you want to master the subject, you need a deeper understanding of its origins, past debates and approaches pursued and sometimes abandoned, in several jurisdictions. This book does not only provide for a comprehensive historical analysis of substantive and procedural rules, as well as of the evolving policy objectives, it also enables the reader to apprehend the wider economic and political context in which these were discussed, with a special focus on developments in the EU and the US. I therefore strongly recommend this book to anyone who wants to understand the bigger picture of competition law.”
Nils Wahl, Judge, EU Court of Justice
“In every aspect of life, it is invaluable to know and understand the causes of things. Antitrust and Competition law and policy is no exception to this rule. In Antitrust and Competition Laws, Prof. Barry Hawk sheds invaluable light to the better understanding of current law and policy, as well as the institutions of competition law. Studying the history of the evolution of competition law and policy helps to understand the present, as well as to imagine and build the future. Revisiting the historical origins of many of the institutions and legal figures of competition law, help to better understand the reason for things, their foundation and, on many occasions, what should be their specific application in a specific case. Antitrust and Competition Laws fully and largely fulfills this objective, inviting the reader to analyze each page of the book in detail and attention and, what is not less important, the sources that are cited in its footnotes.”
Pablo Trevisan, former Commissioner, Comisión Nacional de Defensa de la Competencia (Argentina); Founder & Director, Instituto de Derecho de la Competencia; and Partner, Estudio Trevisán (Buenos Aires)