SECTION 2 AND ARTICLE 82: A COMPARISON OF AMERICAN AND EUROPEAN APPROACHES TO MONOPOLIZATION LAW

Keith N. Hylton

Boston University School of Law Working Paper 06-11

Abstract
This paper provides a general overview of the differences between American and European monopolization law. American courts have taken a relatively conservative approach toward monopolization law, in the sense of showing reluctance to penalize a firm simply because of its monopoly status, and of allowing wide scope, at least at the level of pure legal doctrine, for efficiency defenses to be asserted. Europe, in comparison, has taken an interventionist approach. Error-cost analysis provides a justification for the American approach. A preliminary empirical examination suggests that the scope of a country’s monopolization law is inversely related its degree of trade dependence.



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Keith N. Hylton Contact Information

knhylton@bu.edu
Boston University School of Law
765 Commonwealth Ave
Boston, MA 02215
USA
(617) 353-8959




Social Science Research Network: http://ssrn.com/abstract_id=902655

Presentation and Publication Information:
This article is based on remarks prsented at the "Summit at Como: A Discussion of Competition Policy, Law, and Economics, " Lake Como, Italy, October 2005.




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