American and European Monopolization Law: A Doctrinal and Empirical Comparison

REGULATING INNOVATION: COMPETITION POLICY AND PATENT LAW UNDER UNCERTAINTY, Cambridge University Press, 2010

Boston Univ. School of Law Working Paper No. 10-18

35 Pages Posted: 10 Jul 2010 Last revised: 13 May 2014

Keith N. Hylton

Boston University - School of Law

Haizhen Lin

Indiana University - Kelley School of Business - Department of Business Economics & Public Policy

Date Written: July 8, 2010

Abstract

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

Keywords: monopolization, Section 2, Article 82, empirical antitrust, international antitrust

JEL Classification: K00, K21, K33

Suggested Citation

Hylton, Keith N. and Lin, Haizhen, American and European Monopolization Law: A Doctrinal and Empirical Comparison (July 8, 2010). REGULATING INNOVATION: COMPETITION POLICY AND PATENT LAW UNDER UNCERTAINTY, Cambridge University Press, 2010; Boston Univ. School of Law Working Paper No. 10-18. Available at SSRN: https://ssrn.com/abstract=1636411

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)

Haizhen Lin

Indiana University - Kelley School of Business - Department of Business Economics & Public Policy ( email )

Bloomington, IN 47405
United States

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