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Fighting Cross-Border Cartels: The Perspective of the Young and Small Competition Authorities


ISBN13: 9781509955916
Published: September 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £43.99
Hardback edition , ISBN13 9781509933686



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This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems.

The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions.

Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.

Subjects:
Competition Law
Contents:
Catching the Uncatchable
Pathways to Cooperation in Cartel Enforcement
Dismantling Perceptions about CBCs in the Developing World
Perception 1: Younger or Smaller Competition Authorities Should Prioritise Going after Domestic Cartels before Investigating Complex CBCs
Perception 2: Cross-Border Cartels are All the Same, and there are One-Size-Fits-All Solutions
Perception 3: Regional CBCs can only be Successfully Targeted by Effective Regional Competition Authorities
Perception 4: Anti-Cartel Laws in Emerging Markets are Still in their Infancy
Perception 5: Trust is the First Issue to Look at when Dealing with Younger Jurisdictions
Perception 6: In Cartel Enforcement, All Information Exchanged by Competition Authorities is Confidential
Turning a Paper Tiger into an Effective Hunter
Methodology and Exposure
PART I. CROSS BORDER CARTELS
1. Conceptual Framework
2. Classification of Cross-Border Cartels Summary
3. Theory and Practice of International Cooperation
PART II. CHALLENGES OF CROSS-BORDER COOPERATION IN MULTIJURISDICTIONAL CARTEL ENFORCEMENT
4. Multinational vs Transnational CBCs
5. Specific Issues for Young or Small Competition Authorities in Investigating Regional Cross-Border Cartels
6. Past Solutions to Combatting Cross-Border Cartels
PART III. NOVEL PROPOSALS TO TARGET SELECTED TYPES OF CROSS-BORDER CARTELS
7. CBCs in Latin America
8. Strengthening Cooperation between Mature and Young Competition Authorities in Transnational Cross-Border Cartel Investigations
9. Strengthening Cooperation Among Young Competition Authorities in Regional Cross-Border Cartel Investigations
10. Conclusions