Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

In addition to the coordination among States, there is some coordination between Federal and State authorities. Coordination of Federal and State enforcement activities in order to avoid duplicating efforts is organized through the Executive Working Group for Antitrust (EWG). The EWG is composed of representatives from the DoJ, the FTC, and State Attorneys General.
There is no constitutional bar t …

Coordination between Federal and State authorities

      In addition to State laws proscribing anticompetitive conduct, in the 1970s, many States passed legislation empowering the State Attorney General to bring actions on behalf of the state and its political subdivisions in either State or Federal court.

The State Attorneys General

Currently, all States are members of the National Association of Attorneys General's (NAAG's) Antitrust Committee Task Force. The Task Force coordinates multistate investigations and litigation in State antitrust matters. Generally one state takes the lead, issuing administrative subpoenas or civil investigative demands authorized under its statutes, and shares the responses with other states. Such coordination has been particularly effective in resolving vertical price-fixing claims with respect to resale prices for consumer products.

In 1987, the NAAG published a Voluntary Pre-Merger Disclosure Compact ("the Compact"), revised in 1994, concerning information sharing on proposed mergers and acquisitions among States, and coordinating investigations for possible challenges by one or more States. In accordance with the Compact, parties may file copies of their initial Federal HSR Pre-Merger Notification, of any subsequent Federal requests for information and the materials provided in response with a designated liaison State. In return, the States signatory to the Compact agree not to serve any additional requests for information during the Federal HSR waiting period and to keep information confidential. The Compact signatories are not, however, bound by decisions of the Federal authorities.

The 1994 modifications to the Compact require States to seek voluntary disclosure of materials during the HSR waiting period before resorting to compulsory process, rather than foreclosing States completely from requesting additional information.

The National Association of Attorneys General

In addition to the coordination among States, there is some coordination between Federal and State authorities. Coordination of Federal and State enforcement activities in order to avoid duplicating efforts is organized through the Executive Working Group for Antitrust (EWG). The EWG is composed of representatives from the DoJ, the FTC, and State Attorneys General.

There is no constitutional bar to Federal prosecution of an offense for which there has been a state prosecution but, as a general rule, Federal authorities will only do so where Federal interests have not been vindicated in the State prosecution.

Global Competition Law

1502. Coordination between Federal and State authorities

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Les notions juridiques connexes

1502. Coordination between Federal and State authorities

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise