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Policy and Methods in German and American Antitrust Law - A Comparative Study (Hardcover)
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Policy and Methods in German and American Antitrust Law - A Comparative Study (Hardcover)
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A remarkable reversal in popular satisfaction with antitrust law
has occurred: Germany--once the classic land of cartels--now
enforces an antitrust law vigorously and subject to little
meaningful opposition, while the United States--itself the home of
antitrust law--enforces its antitrust law erratically and against
significant criticism. Whatever may be the precise measure of
support in each country for antitrust laws, even the most cursory
observation discloses a criticism of antitrust law in the United
States not matched in kind or degree in the Federal Republic of
Germany. This work investigates aspects of some of the many
possible explanations--legal, social, and economic--for this
remarkable turnaround. It considers perhaps the most obvious
question: How do the two antitrust laws differ? In partial answer,
it suggests that certain principal criticisms of American antitrust
law reflect dissatisfaction as much with the legal methods by which
that law is applied as with the law itself. German cartel law,
Maxeiner suggests, utilizes different legal methods which avoid or
mitigate many of the problems encountered in American antitrust
law.
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