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The Relevant Market in International Economic Law
A Comparative Antitrust and GATT Analysis

$134.00 (C)

Part of Cambridge International Trade and Economic Law

  • Date Published: January 2013
  • availability: In stock
  • format: Hardback
  • isbn: 9781107031524

$ 134.00 (C)

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About the Authors
  • This book provides what international trade law has hitherto lacked: a coherent analysis of 'product likeness' under Article III of the GATT. Christian A. Melischek develops an economic approach to the interpretation of 'like' products on the basis of a comparative analysis with antitrust theories on market definition. Not only does he propose a specific substantive economic test to render the notion of product likeness operational, but he also examines the institutional and procedural frameworks for expert economic evidence necessary to implement an economic approach to the interpretation of product likeness. On a methodological level, the book adds a new interdisciplinary dimension to the legal debate by exploring the use of quantitative and econometric methods for the implementation of the proposed economic test.

    • Provides a comparative analysis of the 'like products' concept which builds on antitrust theories of market definition and which guides readers beyond an isolated international trade law analysis
    • Analyzes the institutional and procedural frameworks for expert economic evidence and provides important insights regarding whether and how an economic approach might be implemented in WTO law
    • Awarded the best doctoral dissertation prize at the Faculty of Law of the University of Hamburg for the academic year 2011–2012
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    Product details

    • Date Published: January 2013
    • format: Hardback
    • isbn: 9781107031524
    • length: 401 pages
    • dimensions: 235 x 155 x 26 mm
    • weight: 0.72kg
    • contains: 3 b/w illus. 1 table
    • availability: In stock
  • Table of Contents

    1. The research question and scope of the study
    2. Practical relevance of the research question
    3. Methodology and structure
    Part I. Comparison of Antitrust and International Trade Law:
    4. Emphasizing differences or commonalities?
    5. Antitrust law
    6. WTO/GATT law
    7. Congruence in efficiency and welfare standards
    Part II. The Role of Market Definition:
    8. Antitrust law
    9. Article III of the GATT
    10. Conclusion
    Part III. Analytical Evolution from the Traditional to the Economic Approach:
    11. The traditional formalistic approach
    12. The economic approach
    13. Assessment of the analytical evolution
    14. Conclusion
    Part IV. Conceptualizing an Economic Approach to Market Definition:
    15. Introduction
    16. Market definition framework: a matter of treaty interpretation
    17. The content of a marketplace-test
    18. Potential competition
    19. The relevant 'market' concept
    20. The role of the traditional criteria
    21. Making sense of the different Article III prohibitions
    22. Conclusion
    Part V. The Implementation of an Economic Approach: Quantitative Methods:
    23. Introduction
    24. The law and economics of expert economic testimony
    25. Analysis of price elasticities of demand.

  • Author

    Christian A. Melischek, Universität Hamburg
    Christian Melischek is a legal trainee at the Regional Court of Appeals in Hamburg. He was previously a Visiting Fellow at the World Trade Institute, University of Bern.

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