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Home > Journals > ALJSR > Vol. 2 (2014)

 

Abstract

This paper explores the differences in antitrust law between the United States (US) and European Union (EU) through the lens of cultural, political, and legal values. In regards to culture, the US and EU differ with respect to government involvement and public opinion, and such is reflected in each nation’s antitrust policies. Within the political realm, party values—namely conservatism or liberalism—and historical legislation—namely the Sherman Act, Clayton Act, Celler-Kefauver Act, and European Community (EC) Treaty—play a key role in the enforcement of antitrust law. Similarly, antitrust is approached differently in the US and EU with respect to legal values. This paper analyzes the cases of Plessy v. Ferguson (1896), Standard Oil Company of New Jersey v. US (1911), Brown v. Board of Education, and US v. Microsoft (2011) to demonstrate the varying legal values inherent to the US and EU and how such values will play a role in the future of antitrust in both nations.

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