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Abstract
With no material skepticism, in any given legal system the economic roots and measures, if not been grasped as the beating heart of the system, yet accommodate one of the most fundamental and thorough relative institutions. In this foray, the stand of public international law, not only denies any conception of exception, but also illuminates an exuberant level of ultimacy for the economic and trade institutions to fit in the most apprehensible locality of positive law. Vividly, this so-called in specialis economic law system has to be immunized via the enforcement of distinctively authoritative material and procedural legal rules, which form the embodiment of a legal order within the corpus of the most renown liberal economic systems – that are, from an objective point of view, the most truly effective and efficient administrative methods of economy as a whole – baptized as competition or antitrust law. This leads to an irony where no legal order as such, or any meaningful cooperative move towards any erga omnes competition law is traceable in international economic law; thus, all the necessary legal apparatuses tending to the culmination of the objectives for completion law and policy are stagnated. It seems that from all of the almost analogous categorizations of an ideally classified completion law regime, the research centered on the two types of transnational joint ventures, to wit, corporate and contractual, considering the core importance of their internationally evaluated bilateral and unilateral legal acts is an indication of primacy. Henceforth, the essence of the thesis at-hand tries not to leave out any analysis contributed to the international competition law applicable in transnational joint ventures.
– Brendan Sweeney, “Export Cartels: Is There a Need for Global Rules?”, Journal of International Economic Law, 10(1), 2007. ↑
– Merle Fainsod and Lincoln Gordon, “Government and the American Economy”, New York University Journal of International Law, 1941, 557–620; Jack Hawley, “New Deal”, 286–87, 374–8, 389–94; Rob Kennedy, “Freedom from Fear”, 352–3; Marta Brinkley, “End of Reform”, 55–61, 88, 92–3, 101, 110–11, 267. ↑
– F. M. Scherer, “Antitrust, Efficiency and Progress”, New York University Law Review, 1987, 998. ↑
– Adolf A. Berle, Jr. and Gardiner Means, “The Modern Corporation and Private Property”, New York, 1932, vii–viii; Freyer, “Regulating Big Business”, 204–5. ↑
– Chicago School of Thought ↑
– Harvard School of Thought ↑
– Brendan Sweeney, op.cit. ↑
– Market Power ↑<
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– F. M. Scherer, op.cit. ↑
– Mexico – Measures Affecting Telecommunications Services, WT/DS204/R, Report of the WTO Panel, 2 April 2004, para. 7.153همچنین نگاه کنید:
Eleanor M. Fox, “The WTO’s First Antitrust Case – MEXICAN TELECOM: A Sleeping Victory for Trade and Competition”, 9 (2), Journal of International Economic Law, 2006. ↑
– Behavioral Regulation ↑
– Structural Regulation ↑
– Boza, Beatriz, “The Standing of Competition Authorities vis-à-vis Civil Society”, International Competition Network, Merida, Mexico, June 2003. ↑
– Anti-Monopoly Laws ↑
– Concerted Conduct Laws ↑
– Merger Laws ↑
– WTO, “Synthesis Paper on the Relationship of Trade and Competition Policy to Economic Growth”, WTO Paper, WT/WGTCP/W/80, Geneva, 18 September 1998; The East Asian Miracle: A World Bank Policy Research Report, World Bank, Oxford University Press, 1993; UNCTAD, The Development Dimension of Competition Law and Policy, UNCTAD, Geneva, 1999. ↑
– J. L. Anderson, “Explaining Long-term Economic Chane”, Macmillan, London, 1991. ↑
– R. M. Solow, “A Contribution to the Theory of Economic Growth”, Quarterly Journal of Economics, 1956. ↑
– World Bank, “Building Institutions forMarkets: World Development Report 2009”, World Bank, Washington D.C., 2008. ↑
– S. Nickell, “Competition and Corporate Performance”, Journal of Political Economy, 1996. ↑
– Ibid. ↑
– European Bank for Reconstruction and Development, “Transition Report 1999: Ten Years of Transition”, EBRD, London, 1999. ↑
– Ibid. ↑
– M. A. Dutz, A. Hayri, “Does More Intense Competition Lead to Higher Growth?”, World Bank Research Paper No. 2320, World Bank, Washington DC, April 2003. ↑
– OECD, “Regulatory Reform, Privatisation and Competition Policy”, OECD, Paris, 1992. ↑
– F. M. Scherer, op.cit. ↑
– Ibid. ↑
– R. M. Solow, op.sit ↑
– Sherman Act ↑
– Cliton Act ↑
– M. A. Dutz, A. Hayri, op.cit. ↑
– Antitrust Law ↑
– L. Ritter, W. D. Braun, “European Competition Law: A Practitioner’s Guide”, Third Edition, Kluwer Law International, 2005. ↑
– E.U. Petersmann, “The Role of Competition Policy in Providing aMore Equitable Playing Field in Globalising Markets: A Challenge for Governments and Multilateral Organisations”, Paper presented at pre-UNCTAD X Seminar on the Role of Competition Policy for Development in World Globalising Markets, Geneva, July 1999. ↑
– معادل چنین اصطلاحی در هیچ متن قانونی و یا دکترین حقوقی به چشم نمی خورد. ↑
