Thesis (doctoral)--Friedrich-Alexander-Universität zu Erlangen.

Thesis (doctoral)--Universität Zürich.

Thesis (doctoral)--Universität Bern.

Zugl.: Saarbrücken, Univ., Diss., 2007 / Includes bibliographical references (p. 171-175).

This thesis proposes a different approach to theorising, analysing and expounding antitrust issues. It states that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit or exclude issues that could otherwise be addressed as antitrust-related especially where antitrust concepts are understood and applied from a broader perspective. The justification for seeking inclusiveness is premised on the concept of procedural justice and on the democratisation of ideas. The thesis commences from a deconstructionist standpoint in order to show the weakness of top-down accounts. It is shown that the prevailing and dominant antitrust accounts cannot lay exclusive claim to antitrust. This is proved by establishing the deconstructability of such individual theories by making due reference to the position of "the Other". The failure to give adequate countenance to the position of "the Other" means that this theories will likely fail to be inclusive. Thus, with the aim of correcting the problem of exclusion attributed to top-down accounts, the thesis identifies the need to construct a bottom-up account. As a precondition, the thesis recognises that any such bottom-up account must avoid making ex ante judgments about the suitability or otherwise of the normative contents of antitrust laws and theories. Taking this condition into account, two alternative approaches based on pure procedural justice are outlined - Habermas' Discourse Ethics and the person-centred approach. The former is shown to be incapable of practical application. This makes it imperative to thoroughly substantiate the latter. The person-centred analysis showcases the conceptual value of inclusiveness by assessing antitrust law and policy through the position of the parties involved. The conceptual value of inclusiveness is also showcased from the policy perspective through the capability approach. This account also shows the value of inclusiveness to antitrust enforcement. It however falls short in terms of adjudicatory value particularly in terms of its practical application. The practical shortfall notwithstanding, this thesis concludes by emphasising how the idea behind the person-centred approach could potentially enrich antitrust discourse and also guide policy-makers and enforcers.

This study concerns the threatened imposition of the antitrust laws on baseball and the response of the sport, both in court action and in pressures upon Congress.

This thesis aims to underline the paradox surrounding cartels in general and international cartels in particular. While they are almost unanimously recognised as the most egregious form of antitrust violations, real political willingness fails to fight efficiently against cartels. Notwithstanding, this paper shows why international cooperation is essential but still unsatisfactory in eliminating international cartels through concrete examples in domestic laws, such as the Fine Arts Auctions Case and export cartel configurations. Existing national and international instruments present advantages and disadvantages. International competition law, including international cartel issues, is still subject to virulent debates within the international community, particularly with respect to the future of a WTO Multilateral Agreement. It raises the question as to what can be suggested in order to solve aspects of these debates in a satisfactory manner and thereby contribute---modestly---to ameliorate the fight against international cartels.

Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Jonathan Putnam.

Written for the Institute of Air and Space Law. Title from title page of PDF (viewed 2010/03/31). Includes bibliographical references.

Zugl.: Heidelberg, Universiẗat, Diss., 2004. / Includes bibliographical references (p. 261-280).