Strategies To Achieve A Binding International Agreement On Regulating Cartels

This book addresses the lack of binding multi-lateral international agreement on cartels, through analysis of trials and failures. It also suggests strategic approaches to overcome current standstills. In addition, the book contrasts international agreement on cartels with inter-governmental commodity agreement which has been developed separately through international law. Through this project, the author puts forth that successful international law on cartels needs to reflect the interests and arguments of developing countries.

Most of the competition laws currently enforced by states aim to protect consumer welfare and promote fair competition by regulating against anticompetitive behavior. Yet despite the shared objectives the global community does not have a common global competition law. In exploring the reasons for this, this book takes a unique interdisciplinary approach by using international relations theories to illustrate the relationship between the enforcement of competition laws and international relations through an analysis of competition cases relating to cartels, extraterritoriality, and corporate mergers and acquisitions. Through an examination of this relationship, this book will consider why the views held by state leaders on the condition of international relations may at times lead them to either arbitrarily over-enforce or disregard their competition laws to the detriment of fair competition and consumer welfare. This book also provides suggestions for global business investors who face competition law issues on how they may accommodate such views.

This is an open access book. The 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT) will be an annual event hosted by Universitas Warmadewa, Denpasar, Bali. “Business Law and Local Wisdom in Tourism” has been chosen at the main theme for the conference, with a focus on the latest research and trends, as well as future outlook of the field of Call for paper fields to be included in ICBLT 2022 are Local Wisdom (Customary Law); Law on Business, Business Competition, and Prohibition of Monopoly; Law on Land and Environment; Law on Investment; Law on Criminal Act of Corruption and Asset Recovery Law on Licenses and Labor; Law on Tourism; Law on Transportation; Law on Immigration Intellectual Property Rights; and Law on Resolution of Tourism Investment and Business Disputes.This international seminar aims to facilitate scholars, researchers, practitioners, and students to share their thoughts on the latest trends on Business Law and Local Wisdom in Tourism whilst building network in an engaging environment. The participants of this conference will have a chance to enrich knowledge and discuss common challenges and offer creative solutions. By this, we hope to enhance and contribute knowledge for a better civilized community.

This book provides a comprehensive analysis of the regulatory challenges and legal barriers surrounding the MaaS concept in the EU. By evaluating MaaS against existing EU legal frameworks on data sharing, competition, transport law and beyond, this research seeks to shed light on the regulatory implications of the MaaS concept. It employs a problem-based approach and qualitative doctrinal legal research methodology to assess the potential of MaaS in enhancing the efficiency, accessibility, sustainability, digitalization, multimodality, competitiveness, and convenience of the EU passenger transport sector, while identifying shortcomings in current EU regulatory frameworks that may impede its growth and analysing potential harms that rise of MaaS might cause to competition and users. The book concludes by providing recommendations aimed at enhancing the EU legal frameworks, with the goal of establishing a unified and harmonized framework that promotes an open, competitive, and multimodal MaaS market. In summary, producing a book on the regulatory challenges of MaaS in the EU now can contribute to the ongoing discourse, provide valuable insights, and offer guidance for policymakers, regulators, industry stakeholders, and researchers involved in shaping the future of mobility.

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.

The major problem associated with the regulation of transnational mergers, which affect several national markets, is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However, this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Indeed, the national competition laws applied by the regulating authorities may diverge in several aspects, which raise the likelihood of inconsistency. Therefore it is desirable to opt for regulatory approaches which are more sensitive to the transnational nature of mergers and which allow cooperation between competition authorities. A possible solution may be bilateral cooperation agreements through which two countries coordinate the enforcement activities of their national competition authorities. However, the benefits of these agreements are enjoyed only by the signatory parties. The sole reliance upon bilateral agreements does not appear to be the optimal regulatory approach towards transnational mergers.

The Political Economy of International Commodity Cartels examines how international commodity cartels in the 1930s were impacted not only by commercial rivalry, but also by international trade political and diplomatic concerns. This work presents the rise and decline of the European Timber Exporters’ Convention (ETEC) and analyses how firms navigated through the cartel game under increasing international competition, pressures from the national governments, and the interventionist endeavours of the League of Nations. Cartels are often associated with, in the standard economic interpretation, business collusion. However, in using vast archive sources and historical methodology, the chapters in this book shed light onto how international relations shaped cartels. The rise of British protectionism, the emergence of the Soviet Union as an industrial power, and the economic rapprochement of the League of Nations in the early 1930s created a wave of political and diplomatic challenges in the timber trading countries and affected cartelisation. Timber firms in the biggest producer countries—Finland and Sweden—were uninterested in international cartel collaboration, but under pressure joined the ETEC nevertheless. This book makes a strong contribution to the fields of business history and cartel studies. It is an essential read for economic historians interested in how political pressure shaped international cartels and how cartels became avenues of diplomacy.

This title was first published in 2002: After the failure of the Multilateral Agreement on Investment (MAI), the world does not have a global investment agreement that would regulate FDI. A global investment agreement dealing with FDI would clearly fill a large gap in the network of regulatory measures governing the world economy. Other attempts had been made prior to the MAI to address this problem, but all have failed so far. The main reason for such failures has always been the lack of compromise in the positions held by the major stakeholders. This book analyses the pros and cons of these opposing positions and uses them as a basis for forging a hybrid model called "Regulated Openness".

The 13th edition of this annual publication focuses on the global and national dimensions of the investment climate for developing countries, that is the policy and institutional environment that fosters entrepreneurship and productive investment. Issues discussed include: the effects of current developments in the world economy; ways that the international community can help foster economic growth and reduce poverty levels; the need for sound national policies, particularly to encourage competition, in order for developing countries to reap the benefits of globalisation; and the potential for a new World Trade Organization agreement on investment and competition.

This timely book points the way towards a new positive regulatory framework for international investment following the failure of the Multilateral Agreement on Investment (MAI). It examines the flaws in free-market strategies underpinning the recent phase of globalization, in particular drawing out the lessons from the MAI, which was suspended in October 1998. The authors explore an alternative based on a positive regulatory framework for international business aimed at maximizing the positive contribution to development of foreign investment and minimizing its negative social and environmental impacts. The contributors include academics, researchers for non-governmental organizations, and business and trade-union representatives, writing from a combination of economic, legal and political perspectives. The book combines academic analysis with grass-roots and practical experience, and suggests concrete policy proposals.