Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Book Chapter

Publication Date

7-8-2010

Publisher

Boston University School of Law

Language

en-US

Abstract

This paper focuses on the differences between Article 82 and Section 2, reflecting largely on the Americanexperience. 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.

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).

Find on SSRN

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.