Comparative antitrust federalism and the error-cost framework, or: rhetoric and reality: you protect competitors, we protect competition - except when we protect competitors

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Comparative antitrust federalism and the error-cost framework, or: rhetoric and reality: you protect competitors, we protect competition - except when we protect competitors

Wagner-Von Papp, FH; (2014) Comparative antitrust federalism and the error-cost framework, or: rhetoric and reality: you protect competitors, we protect competition - except when we protect competitors. In: Charbit, N and Ramundo, E, (eds.) William E. Kovacic: an antitrust tribute: liber amicorum - volume II. (pp. 23-91). Institute of Competition Law: New York, NY, USA. Green open access

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Abstract

The aim of this paper is threefold. First, it seeks to contribute to a more fine-grained comparison between US antitrust and EU competition law by (selectively) including state antitrust laws as well as laws that pursue objectives different from the antitrust laws but interfere with the aims of the antitrust laws, such as sale-below-cost statutes, car dealer and franchise statutes, or general contract law invalidating resale price maintenance agreements ("non-antitrust laws"). Secondly, the paper highlights the degree to which such state antitrust laws and non-antitrust laws may interfere with the error-cost framework employed in antitrust law which finely balances Type I and Type II errors. Thirdly, as a consequence of the first two points, the paper seeks to raise awareness of the importance of clearly defining the relationship between antitrust law on the federal (or EU) level and antitrust laws as well as non-antitrust laws on the (Member) state level. Neither the US approach nor the current EU approach to this relationship are considered satisfactory

Type:	Book chapter
Title:	Comparative antitrust federalism and the error-cost framework, or: rhetoric and reality: you protect competitors, we protect competition - except when we protect competitors
ISBN:	1939007437
ISBN-13:	9781939007438
Open access status:	An open access version is available from UCL Discovery
Publisher version:	http://www.concurrences.com/Books-1381/Books
Language:	English
Keywords:	antitrust, federalism, comparative law, error cost, sales below cost, franchisee protection, economic dependency, resale price maintenance, predatory pricing, price predation, vertical restraints, horizontal restraints, US antitrust law, EU competition law, competition
UCL classification:	UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI:	https://discovery.ucl.ac.uk/id/eprint/1460508