Modern antitrust law is global antitrust law. Markets are becoming increasingly global, or at least multinational. Mergers between large corporations must typically get approval in both the United States and in the EU, and other nations too. Cartels in one nation affect supply in others, and countries are increasingly entering into treaties with each other about the content or enforcement of competition laws. Thus, businesspeople, lawyers, and lawmakers can no longer content themselves with understanding only the antitrust and competition law of their home country. Modern antitrust law also differs from traditional antitrust law in that it now reflects the dominance of the economic model of analysing antitrust and competition policy. Against this background, this new casebook represents the first comprehensive effort to examine US and EC competition law cases and decisions within a common analytical framework strongly based on economic theory. It is an innovative casebook addressed to all students, not only from the US and Europe, but also from all jurisdictions having competition laws, providing an in-depth analysis of the two major global antitrust regimes in the world, and a summary of the parallel antitrust laws elsewhere in the world. As such it will also serve as a useful reference for practitioners, competition officials, and policy-makers interested in competition law.
Einer Elhauge is the Petrie Professor of Law at Harvard Law School and founding director of the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics. He served as Chairman of the Antitrust Advisory Committee to the Obama Campaign. He teaches a gamut of courses ranging from Antitrust, Contracts, Corporations, Legislation, and Health Care Law. Before coming to Harvard, he was a Professor of Law at the University of California at Berkeley, and clerked for Judge Norris on the 9th Circuit and Justice Brennan on the Supreme Court. He received both his A.B. and his J.D. from Harvard, graduating first in his law school class.
He is an author of numerous pieces on range of topics even broader than he teaches, including antitrust (monopolization, predatory pricing, tying, bundled discounts, loyalty discounts, disgorgement, petitioning and state action immunity, the Google Books Settlement, and the Harvard v. Chicago schools of antitrust), public law (statutory interpretation, legislative term limits, the 2000 Presidential election, the ObamaCare mandate, and the implications of interest group theory for judicial review), corporate law (social responsibility and sale of control doctrine), patent law (patent holdup and royalty stacking), the legal profession (the value of litigation and counseling advice), and health law policy (healthcare fragmentation, medical technology assessment, how to make health law a coherent legal field, and how to devise a morally just and cost effective medical system). His most recent books include: "Research Handbook on the Economics of Antitrust Law (Edward Elgar Publishing Ltd. 2012)"; "The Fragmentation of U.S. Health Care: Causes and Solutions" (Oxford University Press 2010); "Statutory Default Rules" (Harvard University Press 2008); "U.S. Antitrust Law and Economics (Foundation Press 2011)"; and "Global Competition Law and Economics" (Hart Publishing 2011). Currently he is writing books about Contract Theory, Health Law Policy, and Re-engineering Human Biology, as well as working on articles on sundry other topics. For his website and publications, see http://www.law.harvard.edu/faculty/elhauge/ .