Competition law

Exposé Droit privé & contrat Droit autres branches

Date de publication :

17/09/2003

Langue :

Anglais

Format :

.doc

Nombre de pages :

12 pages

Niveau :

avancé

Consulté :

25 fois

Avis client :

non évalué

Validé par :

le comité Oboulo.com

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Sommaire :

Sommaire

American Law
1. History of the American competition regulation
2. Competent authority
3. Prohibition of Horizontal agreements (section 1 of the Sherman Act)
4. Mergers and integration (section 7 of the Clayton Act)
5. Consumers protection
6. Consumer credit
English Law
1. History of the English competition regulation
2. Competent authorities
3. Prohibited practices
Antitrust laws in the European Union
1. The European Union Background
2. Summary of laws and comparison to United States Antitrust Law

Résumé :

competition law assumes different forms according to the causes of concern it raises in various countries.
The first aspect of its function is to protect individuals, consumers, against the power of monopolies or cartels, and against agreements on various levels of production and distribution.
The second aspect is to disperse power and redistribute wealth, that is protect smaller firms against larger ones. The latter view, upheld in the United States until the 1950s, has been criticized by the so-called "Chicago School" economic experts who deemed competition law should first and foremost increase consumer welfare without impeding an efficient allocation of resources. Besides, the trend has been to reduce the stringency of antitrust laws, which was accompanied by the deregulation process.
If 1890 and 1948 mark respectively in the United States and in the United Kingdom starting points for the creation of statutes and institution to protect consumers, as early as the 13th century common law courts gave decisions which were landmarks for the restraint of the trade doctrine in both countries where for many years the "buyer beware" principle was applied.
competition law in the United States shall be dealt with first, since this country initiated the process of legislation to ensure fair trading.
I will first present the American competition law (I) and then present the English competition law (II) to end with the Antitrust laws in the European Union (III)