Authority, Community and the Civil Law Commentary: An Example from German Competition Law

42 American Journal of Comparative Law 531 (1994)

12 Pages Posted: 25 Jul 2013

See all articles by David J. Gerber

David J. Gerber

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: 1994

Abstract

People usually read books about law in order to find out what is in them. Most books, in fact, can only be read on this level, because their only role is as a source of information. Occasionally, however, a book plays a significant enough role within a legal system that it can also be read at a second level. The commentary on German competition law edited by Ulrich Immenga and Ernst-Joachim Mestmäcker (the Immenga/Mestmäcker commentary) is such a book. It is an exceptionally valuable source of information about German and, to a lesser extent, European Community competition law, but it has also been a powerful source of authority within the German competition law system since the first edition was published in 1981. To “read” it at a second level thus provides insights into the dynamics of that system. This essay explores the potential value of “reading” the work both as a source of information and as part of the competition law system.

Keywords: competition law, antitrust law, international law, comparative law, Germany, legal systems, civil law, Ulrich Immenga, Ernst-Joachim Mestmäcker

JEL Classification: K19, K21, K33, K42

Suggested Citation

Gerber, David J., Authority, Community and the Civil Law Commentary: An Example from German Competition Law (1994). 42 American Journal of Comparative Law 531 (1994). Available at SSRN: https://ssrn.com/abstract=2296980

David J. Gerber (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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