Document Type
Book Chapter
Publication Date
6-13-2011
Editor(s)
Geoffrey A. Manne and Joshua D. Wright
ISBN
9780521766746
Publisher
Cambridge University Press
Language
en-US
Abstract
This paper focuses on the differences between Article 82 and Section 2, reflecting largely on the American experience. We start with a discussion of the American experience and use that as a background from which to examine the European law on monopolies. American law is more conservative (less interventionist), reflecting the error cost analysis that is increasingly common in American courts. The second half of this paper provides an empirical comparison of the American and European regimes. Although a preliminary empirical examination suggests that the scope of a country’s monopolization law is inversely related to its degree of trade dependence, the actual relationship between trade dependence and the scope of monopolization law appears to be an inverted U.
Recommended Citation
Keith N. Hylton & Haizhen Lin,
American and European Monopolization Law: A Doctrinal and Empirical Comparison
,
in
Competition Policy and Patent Law under Uncertainty : Regulating Innovation
252
(Geoffrey A. Manne and Joshua D. Wright ed.,
2011).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/442
Included in
Antitrust and Trade Regulation Commons, Comparative and Foreign Law Commons, Law and Economics Commons
Comments
Published as: "American and European Monopolization Law: A Doctrinal and Empirical Comparison," in Competition Policy and Patent Law under Uncertainty: Regulating Innovation 252, Geoffrey A. Manne & Joshua D. Wright, eds., Cambridge University Press (2011).