Competition law / Antitrust law Books

Book Synopsis''This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.'' Ali Nikpay, Gibson, Dunn & Crutcher LLPThis unique book is designed as a working tool for the study and practice of European competition law, focused on case law analysis. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by useful analysis and commentary.The 8th edition includes recent judgments from the European Court of Justice and decisions from the European Commission on the scope

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Book SynopsisThis innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world.The book covers the full range of competition law and policy subjects, namely: the Treaties and the single market, cartels, other horizontal and vertical agreements, abuses of dominance, merger control, and state restraints including State aids. Among key features, the book: integrates law, economics and policies, providing a holistic sense of competition law and its place in the EU system is unusually concise, given its coverage, while explaining the critical nuances of cases by means of notes and questions provides a unique comparative perspective by including excerpts of landmark US antitrust cases and numerous other comparative references. This book is a perfect textbook for students of EU competition law and even competition law in general, given that most nations in the antitrust family of the world build their competition laws upon the EU model. It is useful for specialized seminars on European, US, and other nations’ and regions’ competition laws. It is also an excellent desk book and resource for academics, enforcers and practitioners in the field.Trade Review‘European competition consists of a few provisions that, despite their abstract nature, deeply affect the economy and society as a whole. In the second edition of EU Competition Law, Eleanor Fox and Damien Gerard brilliantly illustrate this impact, not only by presenting the most striking European cases in a comparative law perspective that refers to their main US counter parts, but also by distilling from these cases the essential questions and issues, which students, scholars and practitioners must address when they study or apply EU competition law.’ -- Marc van der Woude, President of the EU General Court, Luxembourg‘In Europe, we don’t have a long tradition of casebooks, but Fox & Gerard is a wonderful exception. Perfect length and focus and perfect combination between the old and revered (Consten & Grundig, Wood Pulp, Delimitis, Hoffmann-La Roche) and the new and revolutionary (Cartes Bancaires, Intel, Google Shopping, CK Telecoms). Substance-procedure, and private-public law of competition are equally treated. In sum, perfect dosage on all fronts.’ -- Assimakis Komninos, White & Case LLP, Brussels‘While remaining a comprehensive, clear and thoughtful introduction to EU competition law, the new edition of this groundbreaking textbook is a welcome and necessary update that contains additional insightful and provocative commentary on the substantive and procedural differences in the respective competition law and policies of the EU and the US, as well as on their respective enforcement context.’ -- Mark Leddy, Cleary Gottlieb Steen & Hamilton LLP, USAcclaim for the previous edition:‘Reading this brilliant casebook is like being in one of Professor Fox’s famed lectures: well-chosen texts, insightful commentary, historical and economic context, thought-provoking questions, and illuminating international comparisons. Clever, comprehensive, and thoughtful, it provides a fresh, lively, user-friendly perspective of value to students and practitioners alike.’ -- Nicholas Levy, Cleary Gottlieb Steen & Hamilton, Brussels and London‘Setting forth the big principles, this book is full of accurate summaries of key topics, and sizzles with interesting questions. The classic cases are very well presented and the judgements of the EU courts examined concisely. Given its provocative approach, it would be easy to hang an entire term of lectures around a single chapter.’ -- Ian Forrester, former Judge, General Court of the European Union‘A book on European competition policy must explain to its readers how this policy has been effective in unifying an initially fragmented market and how different it is from others in its equal attention to both public and private restraints and in preserving competition as an open process over and above efficiency itself. It is precisely what you find here. Exhaustive and simple, sophisticated and clear, this book is a unique source of analysis and materials for scholars, practitioners and students inside and outside Europe.’ -- Giuliano Amato, European University Institute and former Prime Minister of ItalyTable of ContentsContents: Preface. Introduction 1. The Treaty, Objectives and the Single Market 2. Cartels 3. Horizontal Restraints 4. Vertical Restraints 5. Abuses of Dominance 6. Merger Control 7. The State and the Competition Afterword Index

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Book SynopsisThis book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the ‘effects-based approach’ to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a ‘modular’ book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.Table of ContentsIntroduction Part I: Mapping the Transformation 1. The Changing Face of Enforcement under Regulation 1/2003 2. The Rise and Decline of the ‘More Economics-based Approach’ 3. Competition Law and Economic Regulation 4. Competition Law and Intangible Property 5. The DMA as the Expression (and Endgame) of the New Competition Law Part II: Case Studies 6. Energy and Telecommunications 7. Patents and Copyright 8. Digital Markets Conclusions

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Book SynopsisCompetition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law.This significantly expanded, restructured, and updated edition sets out the law in relation to actions for damages for loss caused by infringements of articles 101 and 102 of the TFEU, in both the EU and UK. The book now provides detailed guidance on the jurisprudence emanating from both jurisdictions, with careful reference, as in previous editions, to Directive 2014/104, and incorporating additional detail throughout on the variations in practice and interpretation in key member states.The book provides guidance on substantive issues, such as quantification of loss and pass-on, as well as evidentiary issues, such as access to documents, particularly in the context of leniency programmes, and the probative value of competition authority decisions. New to this edition is extensive treatment of collective redress in the EU and collective proceedings in the UK. In addition, the book has been restructured so that material on the parties to litigation and limitation, for example, are clearly presented in new chapters.Key features of the third edition include: The first major substantive volume to set out the law relating to actions for damages under EU competition law in both the EU and UKComprehensive and clearly structured reference point for this complex fieldUpdates on national developments from key jurisdictionsIncreased material on jurisdictionExtensive treatment of collective actionThe new edition of this comprehensive reference work remains a must-have resource for all competition practitioners in the EU and UK – from lawyers in private practice to in-house counsel, and from judges to officials at competition enforcement agencies. Trade Review‘Witnessing the advancement of private redress for competition infringements in the EU over the past 15 years has been one of the great joys of my professional life. David Ashton's book combines an excellent and up-to-date comparative and analytical perspective on national developments with an accessible practitioners’ guide for quantification of damages. It is a fine addition to the bookshelves of scholars and advocates.’ -- Michael D. Hausfeld, Chair Emeritus, Hausfeld LLP‘This book provides a comprehensive and up-to-date overview of the key issues relating to competition damages actions, one of the most dynamic areas in competition law in the EU and the UK. The involvement of experienced practitioners ensures a very high degree of practical relevance across the key jurisdictions in Europe.’ -- Till Schreiber, CDC Cartel Damage Claims‘An excellent book providing a practitioner-oriented overview of key aspects for the effective enforcement of competition damages claims throughout the European Union, with detailed examination of the specifics and the challenges inherent to the actual conduct of competition cases in front of the national courts.’ -- Vasil Savov, CDC Cartel Damage ClaimsTable of ContentsContents: Foreword Introduction The legal basis of the right to damages Jurisdiction The law applicable to the claim Directive 2014/104/EU: Temporal scope The parties to litigation Limitation Harm Damages I Damages II Proving the infringement Further issues relating to evidence – I Further issues relating to evidence – II: Publication of information relating to an infringement by the Commission or an NCA Procedural issues Parameters to claims, including causation Collective redress in the EU Collective proceedings in the UK Quantification of antitrust damages: Frank Maier-Rigaud and Ulrich Schwalbe

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Book SynopsisIn recent years, large digital platforms have been in the doghouse of antitrust decision-makers worldwide. Antitrust regulators agree, urgent intervention is needed. Interestingly, it is the plight of victimized suppliersof merchants, app developers, publishers, platform labourers, and the like, who are upstream in the value chainthat has topped the policy agenda, prompting scrutiny of an almost unprecedented intensity. Amid such anxieties, Antitrust and Upstream Platform Power Plays asks a somewhat provocative question: are upstream platform power plays really ''competition problems'', and ones for antitrust, at that?The obvious answer''yes''is deceptively simple for a number of reasons. First, it contradicts contemporary antitrust''s single-minded focus on consumers, which has all but erased supplier exploitation in the brick-and-mortar economy from the policy''s radar. Second, the wider antitrust community remains bitterly divided when it comes to judging platform practices. In addiTable of ContentsIntroduction: Setting the scene Part 1: Soul-searching 1: 'Consumer warfare': antitrust's consequentialist turn 2: 'Competition, as such': antitrust's deontological side Part 2: Looking up 3: Despotism 4: Game-mastering 5: Free-riding Part 3: Intervention 6: Antitrust's internal quandries 7: Antitrust's interplays Conclusion End matter

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Book SynopsisThe Institutional Structure of Antitrust Enforcement, by Daniel A. Crane provides a comprehensive and succinct treatment of the history, structure, and behavior of the various U.S. institutions that enforce antitrust laws, such as the Department of Justice and the Federal Trade Commission. It addresses the relationship between corporate regulation and antitrust, the uniquely American approach of having two federal antitrust agencies, antitrust federalism, and the predominance of private enforcement over public enforcement. It also draws comparisons with the structure of institutional enforcement outside the United States in the European Union and in other parts of the world, and it considers the possibility of creating international antitrust institutions through the World Trade Organization or other treaty mechanisms. The book derives its topics from historical, economic, political, and theoretical perspectives.Trade Review"Daniel Crane's book contributes more to our comprehension of U.S. antitrust law than any other work of scholarship written in the past decade." --Thomas G. Krattenmaker, Consultant to Director Bureau of Competition, Federal Trade Commission "There is a great need for a well-done study of antitrust enforcement institutions, and, finally, we have it! Crane's study is sweeping, measured, and informed. Sweeping, historically and geographically; measured in its policy prescriptions; and informed by the facts. Crane's focus on what's really true about antitrust institutions, rather than just going on preconceptions, is commendable. This, alone, distinguishes Crane's work from anything else in the field." --Harry First, Charles L. Denison Professor of Law, New York University School of Law "Daniel Crane's The Institutional Structure of Antitrust Enforcement is the first book to cover the history, economics, ideology, and mechanics of antitrust enforcement, along with the public and private institutions through which it is pursued. This is a marvelous book that every antitrust scholar should read." --Herbert Hovenkamp, Ben V. & Dorothy Willie Professor of Law, University of Iowa A "superb volume . . . Professor Crane skillfully advances a basic and powerful proposition: to master analytical principles without deep knowledge of the policy implementation mechanism is dangerously incomplete preparation for understanding the U.S. antitrust system, or any body of competition law." --William E. Kovacic, Former Chair of the Federal Trade Commission and Professor, George Washington University, The Institutions of Antitrust Law: How Structure Shapes Substance, 110 Michigan Law Review 1019 (2012). "Perhaps the best feature of Crane's work (and this book is no exception) is that his multi-faceted approach offers something for everyone: economists, lawyers, and practitioners will all learn from the book. My overall view of the quality of Professor Crane´s book -- no surprise to readers of his academic articles from which the book is largely derived -- is perhaps best revealed by the company it will now keep on that book shelf." --Joshua Wright, Antitrust and Competition Policy Blog, September 19, 2011. "Crane argues convincingly that institutions matter and that history matters as much as logic in designing workable structures. However, the real value in his work is his meticulous analysis of how the current world no longer fully matches up with that history and of the need to do better." --Spencer Weber Waller, Professor of Law, Loyola University Chicago School of Law "In sum, this book is endlessly fascinating, educational, and for those in the academic and policy realms, even useful. Crane is leading the charge toward a new theory of antitrust that may permit or require the revisiting of substantive legal rules in light of new understandings of their application in the real world of enforcement. In so doing he may be establishing himself as a leader of a new academic antitrust movement that also has tremendous practical consequences. If it means more writing in this vein, I hope so." --Max Huffman, Associate Professor of Law, Indiana University School of LawTable of ContentsAcknowledgments ; Introduction ; Part I - Origins and Development of U.S. Antitrust Institutions ; Chapter One: Antifederalism and Corporate Regulation ; Chapter Two: The Curious Case of Dual Federal Enforcement ; Chapter Three: Private Enforcement: Growth and Backlash ; Chapter Four: Shifting Towards Technocracy ; Part II - Optimizing Institutional Performance ; Chapter Five: Adjudication, Regulation, and Administration ; Chapter Six. The Much-Maligned Antitrust Jury ; Chapter Seven: Improving Public Enforcement ; Chapter Eight: State Enforcement and Federal Preemption ; Chapter Nine: Rethinking Private Enforcement ; Part III - Comparative and International Perspectives ; Chapter Ten: How and Why is Europe Different? ; Chapter Eleven: Emerging Antitrust Institutions Around the World ; Chapter Twelve: Toward International Antitrust Institutions? ; Index

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Book SynopsisBreaking Away sounds a warning call alerting readers that their privacy and autonomy concerns are indeed warranted, and the remedies deserve far greater attention than they have received from our leading policymakers and experts to date. Through the various prisms of economic theory, market data, policy, and law, the book offers a clear and accessible insight into how a few powerful firms - Google, Apple, Facebook (Meta), and Amazon - have used the same anticompetitive playbook and manipulated the current legal regime for their gain at our collective expense.While much has been written about these four companies'' power, far less has been said about addressing their risks. In looking at the proposals to date, however, policymakers and scholars have not fully addressed three fundamental issues: First, will more competition necessarily promote our privacy and well-being? Second, who owns the personal data, and is that even the right question? Third, what are the policy implications if peTrade ReviewStucke (law, Univ. of Tennessee) discusses data privacy in an approachable manner for lay readers. He covers how a few large tech companies, such as Google's parent company Alphabet, hoard data. He then describes the attempts of international, federal, and state laws to rein in data collection, mostly to little effect. These discussions serve as an introduction to his analysis of data privacy, especially data that include personal identifiable information...This book sounds a clarion call for ordinary people and experts alike to take data privacy seriously. * Choice *The arguments in the book are clear, well evidenced and indicative of the author's distinguished career as a scholar, lawyer and legal advisor...Stucke uses concise language and useful examples to make specialised concepts easily comprehensible to readers who are unfamiliar with either or both fields. This makes Breaking Away a valuable read not only for scholars, lawyers, consumer groups and policymakers, but also anyone interested in how their data are being used and what can be done about it. * Shania Ann Kirk, European Journal of Risk Regulation *Table of ContentsChapter 1 The Rise of the Data-opolies Chapter 2 Understanding the Data-opolies' Anticompetitive Playbook Chapter 3 How Data-opolies Have Exploited the Current Legal Void, and What's Being Proposed to Fix It Chapter 4 Why Competition Isn't the Easy Fix Chapter 5 Who Owns the Data, and Is That Even the Right Question? Chapter 6 The Promise and Shortcomings of Treating Privacy as a Fundamental Inalienable Right Chapter 7 What Are the Policy Implications If Data Is Non-Rivalrous? Chapter 8 Avoiding Four Traps When Competition and Privacy Conflict Chapter 9 A Way Forward: Developing A Post-Millennial Antitrust/Privacy/Consumer Protection Framework Chapter 10 Responding to Potential Criticisms to a Ban on Surveillance Capitalism Chapter 11 Signs of Hope

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Book SynopsisThe police response to protests erupting on America''s streets in recent years has made the militarization of policing painfully transparent. Yet, properly demilitarizing the police requires a deeper understanding of its historical development, causes, and social logics. Policing Empires offers a postcolonial historical sociology of police militarization in Britain and the United States to aid that effort. Julian Go tracks when, why, and how British and US police departments have adopted military tactics, tools, and technologies for domestic use. Go reveals that police militarization has occurred since the very founding of modern policing in the nineteenth century into the present, and that it is an effect of the imperial boomerang. Policing Empires thereby unlocks the dirty secret of police militarization: Police have brought imperial practices home to militarize themselves in response to perceived racialized threats from minority and immigrant populations.Trade Review<"Meticulously researched, deftly argued, and beautifully written-Go unearths the transnational roots and imperial seeds of today's brutal police policies and culture. As we learn, the racist patrol practices, automatic weaponry, and armored vehicles that dominate the streets of Ferguson and London are not a deviation from policing's original ethos, but a perfection of counter-insurgency tactics hatched in colonial Manila and Madras. One of the best books on law enforcement in decades, Go has shifted the way we will think about policing, justice, and resistance for years to come.>" Forrest Stuart, author of Down, Out, and Under Arrest<"Julian Go's Policing Empires is an indispensable work of historical sociology, tracing the waves of police militarization in the United States and Britain over time that have cumulatively rendered nearly meaningless the lines between what police do to some people at home and what imperial forces do to people abroad. We see here the very particular ways by which the tools of imperial subjugation and control (military weapons, but also imperial logics and technologies), as well as the racialization of both colonial subjects themselves and of supposed deviance and disorder in the colonies, come home to roost in an imperial boomerang, to be used against citizens in Britain and the U.S. - especially racialized citizens and moral/crime panics that are racialized. This is the most nuanced and important book I have yet read when it comes to understanding police militarization.>" Simon Balto, author of Occupied Territory: Policing Black Chicago from Red Summer to Black Power<"In this meticulous and innovative study, Julian Go unearths the deep imperial roots of the militarization of policing in Britain and the United States. The thesis is bold and its implications far-reaching. It is sure to excite, surprise, and challenge students of the penal state, colonialism, urban marginality, and racial domination.>" Loïc Wacquant, author of The Invention of the <"Underclass>" and Bourdieu in the City<"This original and fascinating history of colonial policing, is a must-read for anyone concerned by racist state violence. Policing Empire combines detailed research with a compelling and urgent argument challenging militarised policing across the Anglophone world in the 21st century>" Adam Elliott-Cooper, author of Black Resistance to British Policing<"Turning his keen and critical eye toward police militarization, Julian Go reveals how the modes, means, and technologies of the police were forged in empire's cauldron. This brave and provocative genealogy shows how the disdain of a racialized other and the fear of their revolt brought the tactics of imperial conquest home. Ambitious in scope yet effortlessly readable, Policing Empires takes us from the advent of the civil police in London, where the threat of Irish rebellion and the revolt of black Caribbean slaves shaped the formation of the modern police force, to the counterinsurgent practices developed and honed in the Philippines and in Vietnam which would be deployed in Harlem and Watts, but also in Chicago, Detroit, Oakland, Ferguson and Minneapolis. Reuben Jonathan Miller, Author of Halfway Home: Race, Punishment and the Afterlife of Mass Incar<" Policing Empires painstakingly reveals the colonial roots of modern policing across the globe. Dismissing simple narratives of police militarization or individualized racism, Go shows how racialized fear of crime and the mobilization of counterinsurgency practices have been the organizing logics of the institution of policing. Alex S. Vitale, author of The End of PolicingPolicing Empires painstakingly reveals the colonial roots of modern policing across the globe. Dismissing simple narratives of police militarization or individualized racism, Go shows how racialized fear of crime and the mobilization of counterinsurgency practices have been the organizing logics of the institution of policing. * Alex S. Vitale, author of The End of Policing *Table of ContentsAcknowledgements Preface Introduction: A Civil Police? The Coloniality of Policing 1. The Birth of the Civil Police in London, 1829 2. Cotton Colonialism and the New Police in the US and England, 1830s-1850s The New Imperialism at Home 3. Police "Reform" and the Colonial Boomerang in the US, 1890s-1930s 4. "Our Problems...are not so Difficult": Militarization and its Limits in Britain, 1850s-1910s Informal Empire and Urban Insurgency 5. Tactical Imperialism in the US, 1950s-1970s 6. Cycles of Policing & Insurgency in Britain, 1960s-1980s Conclusion: Policing Beyond Empire? Bibliography Index

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Book SynopsisWhish and Bailey''s Competition Law is the definitive textbook on this subject. An authoritative treatment of competition law is paired with an easy-to-follow writing style to make this comprehensive guide essential reading for law students, practitioners, and officials.The authors explain the purpose of competition policy, introduce the reader to key concepts and techniques in competition law, and provide insights into the numerous issues that arise when analysing market behaviour. Describing the law in its economic and market context, they particularly consider the competition law implications of business phenomena such as distribution agreements, licences of intellectual property rights, cartels, joint ventures, and mergers. The book assimilates a wide variety of resources, including judgments, decisions, guidelines, and periodical literature. This definitive guide to competition law is regularly used in universities, law firms, economic consultancies, competition authorities and coTable of Contents1: Competition policy and economics 2: Overview of EU and UK competition law 3: Article 101 (1) 4: Article 101 (3) 5: Article 102 6: The obligations of Member States under the EU competition rules 7: Articles 101 and 102 - public enforcement by the European Commission and national competition authorities under Regulation 1/2003 8: Articles 101 and 102 - private enforcement in the courts of Member States 9: Competition Act 1998 - substantive provisions 10: Competition Act 1998 and the cartel offence - public enforcement and procedure 11: Enterprise Act 2002 - market studies and market investigations 12: The international dimension of competition law 13: Horizontal agreements (1) - cartels 14: Horizontal agreements (2) - oligopoly, tacit collusion, and collective dominance 15: Horizontal agreements (3) - cooperation agreements 16: Vertical agreements 17: Abuse of dominance (1) - non-pricing practices 18: Abuse of dominance (2) - pricing practices 19: The relationship between intellectual property rights and competition law 20: Mergers (1) - introduction 21: Mergers (2) - EU law 22: Mergers (3) - UK law 23: Particular sectors

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Book SynopsisShedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration.Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe''s construction, its hybrid institutional traits, and its often unique substance.Table of ContentsIntroduction ; 1. Recent Reforms of EU Competition Law and their Historical Foundations ; 2. The Evolution of the Law on Art 81 and Art 82: Ordoliberalism and its Keynesian Challenge ; 3. The Drafting and the Role of Regulation 17: A Fragile Balance ; 4. National Traditions of Competition Law: Europeanization through Convergence? ; 5. American Influences on EU Competition Law: Two Paths, How Much Dependence? ; 6. Competition Law and Industrial Policy: Imperfect Harmony ; 7. Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period

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Book SynopsisCartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States.The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcemeTrade ReviewPeter Whelan's book is meticulously researched and exceptionally well written. In addition to its main academic contribution, it acts as a very useful and comprehensive review of the existing literature on cartel criminalisation and is a treasure trove of useful references from start to finish. It is a worthwhile purchase, whether you are a competition lawyer or someone with an interest in white-collar crime. * Andreas Stephan, Professor of Competition Law, University of East Anglia (European Competition Law Review, 2016) *Dr. Peter Whelan...has published a comprehensive road map for the successful introduction and enforcement of criminal cartel law for an EU member state. He discusses in detail the many theoretical, legal, and practical challenges member states face in adding criminal enforcement to the administrative enforcement already existing at the EU and member state levels...This is a deeply researched and carefully argued book that will teach US readers the complexities of the EU and member state competition systems as they inch toward a system of criminal cartel enforcement that the US largely takes for granted. For EU readers, this monograph highlights the many issues that remain to be resolved as the debate on criminal enforcement continues within member states and in other jurisdictions dealing with these issues for the first time. * Professor Spencer Weber Waller, Loyola University Chicago, (World Competition Law and Economic Review) *The existing and potential sanctions within the EU designed to deter, or punish those who set up cartels form the basis of this rigorous and analytical study by Dr Peter Whelan published by the Oxford University Press...Whelan has therefore set himself the formidable task of addressing and examining what he refers to as the theoretical, legal and practical challenges of European antitrust criminalization, which he, stresses should be examined and analysed not separately, but as a dynamic whole. ...Whelan has certainly shed much light on a complex, often awkward and continually evolving subject, which is also fraught with implications for corporate responsibility in general. Lawyers as well as academics and policy makers will welcome the important contribution made by this book to the ongoing debate on cartels within the EU. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers *Table of ContentsPART I: THEORETICAL CHALLENGES; PART II: LEGAL CHALLENGES; PART III: PRACTICAL CHALLENGES; CONCLUSION; ANNEXES

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Book SynopsisMarket-leading and first choice with students and lecturers, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability, and authority, Blackstone's Statutes provide a careful selection of all the up-to-date materials students need for exams and course use.Trade Review'The Blackstone's Statutes series is up to date, clearly laid out and easy for students to read. They are very useful reference books throughout the course and ideal for examination use.' * Renu Barton-Hanson, Associate Professor of Law, Middlesex University *'The Blackstone's Statues series is an excellent compilation of statutes and legislation. Each title contains carefully selected legislation by experts in the area and the layout and design make the books user friendly and handy. Each title is an invaluable tool to students and academics in the particular field.' * Dr Hedvig Schmidt, Associate Professor in EU Law, University of Southampton *'Blackstone's Statutes offers students quick access to key statutory materials in their law modules and provides a valuable resource for research and assessment.' * Judith Tillson Barrister, Senior Lecturer in Contract and Commercial Law, Staffordshire University *'The Blackstone's Statutes series offers a reliable, up-to-date and comprehensive collection of statutory material over a wide variety of legal subjects. The series is rightly trusted by students everywhere.' * Dr. Gary Betts, Course Director for the LLB Programme, Coventry University *'An outstanding resource for the classroom and for further research: Blackstone's Statutes series means that the law can forever be at your fingertips!' * Dino Kritsiotis, Chair of Public International Law & Head of the International Humanitarian Law Unit, University of Nottingham *

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Book SynopsisHow is it that two broadly similar systems of competition law have reached different results across a number of significant antitrust issues? This book explores many of the main contested areas of contemporary antitrust, including mergers, price discrimination, predatory pricing, and intellectual property.Trade Review"With The Atlantic Divide in Antitrust, Gifford and Kudrle have prepared a thoughtful and well-researched work, and their detailed treatment and rich comparison of approaches will be welcomed by academics and authorities on either side of the Atlantic." (Philip Marsden, College of Europe)"

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Book SynopsisAssessing 100 years of antitrust policy in the USA, this text shows that although antitrust laws claim to serve the public, they are vulnerable to the influence of special interest groups. An analysis of how antitrust bows to self-serving business interests instead of the consumer is also included.Table of ContentsPublic-choice theory and antitrust policy, William F. Shughart II; in search of the public-interest model of antitrust, Fred McChesney; what do economists think about antitrust? - a random walk down Pennslyvania Avenue, Paul H. Rubin; the economic effects of the antitrust laws (1996), George J. Stigler; a statistical study of antitrust enforcement (1970), Richard A. Posner; the economic determinants of antitrust activity (1973), William F. Long, Richard Schramm and Robert D. Tollison. (Part contents).

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Book SynopsisDavid George Surdam is an associate professor of economics at the University of Northern Iowa. He is the author of Wins, Losses, and Empty Seats: How Baseball Outlasted the Great Depression.

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Book SynopsisA review of the theoretical research on unlawful collusion, focusing on the impact and optimal design of competition law and enforcement.Collusion occurs when firms in a market coordinate their behavior for the purpose of producing a supracompetitive outcome. The literature on the theory of collusion is deep and broad but most of that work does not take account of the possible illegality of collusion. Recently, there has been a growing body of research that explicitly focuses on collusion that runs afoul of competition law and thereby makes firms potentially liable for penalties. This book, by an expert on the subject, reviews the theoretical research on unlawful collusion, with a focus on two issues: the impact of competition law and enforcement on whether, how long, and how much firms collude; and the optimal design of competition law and enforcement.The book begins by discussing general issues that arise when models of collusion take into account competition law and

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Book SynopsisA thoroughly revised and updated edition of the leading textbook on government and business policy, presenting the key principles underlying sound regulatory and antitrust policy.Regulation and antitrust are key elements of government policy. This new edition of the leading textbook on government and business policy explains how the latest theoretical and empirical economic tools can be employed to analyze pressing regulatory and antitrust issues. The book departs from the common emphasis on institutions, focusing instead on the relevant underlying economic issues, using state-of-the-art analysis to assess the appropriate design of regulatory and antitrust policy. Extensive case studies illustrate fundamental principles and provide insight on key issues in regulation and antitrust policy. This fifth edition has been thoroughly revised and updated, reflecting both the latest developments in economic analysis and recent economic events. The text examines regulatory pract

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Book SynopsisAn innovative, comparative study of the origins, development, and enforcement of antitrust law in Germany and Japan over the course of 50 years.Table of ContentsPreface Acknowledgments PART 1 THE ORIGINS AND DEVELOPMENT OF ANTITRUST LEGISLATION IN GERMANY AND JAPAN Error and Irony: The American Impetus Transformation and Convergence: The German and Japanese Responses PART 2 ANTITRUST REGULATION AND ITS ENFORCEMENT IN GERMANY AND JAPAN Prohibitions and Approvals Processes and Procedures Remedies and Sanctions A Concluding Assessment Notes Selected Bibliography Index

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Book SynopsisIn an age of dwindling economic competition, instead of breaking up corporate giants, we need to compel them to share their technology, data, and knowledgeTrade Review“Bessen is a master of unpacking the nuances of a complex array of interrelated trends to build a coherent story of how the promise of the democratized Internet ended up under the control of just a few. Read The New Goliaths to see how the forest came to have only room for a few tall trees with the rest of us in the undergrowth.”—Joshua Gans, coauthor of Prediction Machines: The Simple Economics of Artificial Intelligence“Information technologies—from the early bar code to cloud computing and artificial intelligence—are transforming our economy. Do firms use these technologies for the greater good or do they take advantage of lax oversight to increase their power and harm workers, consumers, and citizens? How should we regulate the New Goliaths of the digital age? Jim Bessen uses his broad experience and deep knowledge to shed light on these fundamental and contentious issues.”—Thomas Philippon, author of The Great Reversal“Jim Bessen offers the first detailed account of how concretely the IT revolution ended up discouraging growth and creative destruction in the overall economy while dramatically increasing market concentration and income inequality. This book is an absolute must-read for scholars, policy makers, and anyone interested in the history of growth, innovation, and technological revolutions.”—Philippe Aghion, coauthor of The Power of Creative Destruction“The New Goliaths is a deeply researched and innovative interpretation of how software innovation has produced more concentrated markets, higher inequality, and slower innovation, productivity growth, and new firm formation.”—Yochai Benkler, author of The Wealth of Networks: How Social Production Transforms Markets and Freedom

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Book SynopsisThis third edition thoroughly updates the second edition. It includes a more accessible treatment of the rule of reason, a further modernized treatment of collusion, the most comprehensive merger chapter available, an innovative new chapter on distribution strategies, and a refreshed and updated treatment of intellectual property and innovation.

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Book SynopsisIn this timely book, Haas-Wilson argues that enforcement of antitrust laws is the tool of choice in most cases to limit the growth of health care sector monopoly power. Focusing on the economic concepts necessary to the enforcement of antitrust laws in health care markets, she provides a useful roadmap for guiding the future of these markets.Trade Review[Haas-Wilson] demonstrates an immense depth of scholarship in the law and economics… [T]his is an excellent book… Economists and laymen who care about health policy or health antitrust should read this book. -- H. E. Frech III * Journal of Economic Literature *Haas-Wilson carefully examines the appropriate role for government intervention in the rapidly evolving health care markets. Her fundamental conclusion is that competitive health care markets yield generally positive outcomes and that government policy should rely on antitrust enforcement to create and preserve such competitive markets. -- E. Magenheim * Choice *Antitrust is emerging as one of the hottest dimensions of health policy as America goes ever further down the road to market competition as our mechanism for controlling costs and motivating performance. Yet we lack any sustained treatment of the issues. This book will fill that need. It addresses an important set of issues at the confluence of health policy, economic theory, and antitrust law and policy. There is no other book like it. -- James C. Robinson, School of Public Health, University of California, BerkeleyWritten by a well-known and articulate economist, this book gives an enlightening account of health care antitrust law and policy. Coverage of the economic and legal literature is outstanding and up-to-date. The author makes a convincing argument for a principled, economics-based health care antitrust policy. Everyone with an interest in health policy, health economics or antitrust should read this book. -- H. E. Frech III, Department of Economics, University of California, Santa BarbaraTable of ContentsIntroduction 1. The Transformation of the Health Care System 2. The Current Treatment: A Strong Dose of Competition 3. Antitrust Policy in Health Care Markets 4. Market Definition in Health Care Antitrust Cases Involving Consolidation 5. Entry Barriers in Health Care Markets 6. The Effects of Horizontal Consolidation among Hospitals, Physicians, or Insurers 7. The Effects of Vertical Consolidation in Health Care Markets Conclusion Notes Index of Organizations Subject Index

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Book SynopsisThis book, the first in a new book series, examines the range of circumstances and assumptions that affect the scope of the global antitrust/competition law enterprise.Trade Review"Lianos and Sokol's The Limits of Antitrust takes as its intellectual impetus the anniversary of the publication of Easterbrook's seminal article (1984), which pointed to the limits of US antitrust (competition) law . . . The edited collection explores where limits now lie in the subdiscipline, ranging well beyond current issues in law and economics thinking in US antitrust law to broader themes."—Imelda Maher, Law & Social Inquiry"Overall, this book is an enjoyable and enriching read for those academics who have a broad interest in the limits of competition law and, in a more general sense, in its development. Institutionalists, economists, cultural anthropologists and lawyers, as well as the general interested reader, will find something to appeal to them in this book, which presents a critical approach to competition law in terms of its scope, consistency and legitimacy."—Valerie Demedts, European Institute (Jean Monnet Centre of Excellence), Ghent University"This book has a little bit for everyone—academics, practicing attorneys, policy-makers, and students . . . The book's disparate approaches, subjects, and viewpoints are a major strength, and collectively celebrate both the limits and potential of competition law."—Jarod M. Bona, European Competition Law Review"Global Limits of Competition Law (GLCL) is an important book for its survey of the constraints of antitrust . . . It should be understood as a book that seeks to challenge the present depth limits of antitrust by offering important antitrust contributions . . . GLCL is a successful collective effort to explain the depth needed in antitrust."—Barak Orbach, Texas Law Review"The volume successfully maps various challenges faced by competition laws internationally, identifying numerous topical issues. It is both informative and thought-provoking. . . All in all, the volume is an excellent piece of scholarship. The contributors ventured into the uncharted waters in competition law, pointing to and analyzing various challenges competition law faces in a global context. The editors do a good job in framing the discussion around many of the currently debated issues, making the volume a recommended read for the general antitrust audience, and a must-read for all concerned with the "international" dimension of competition law discourse."—Marek Martyniszyn, Northwestern Journal of International Law and Business"Given the increasingly global dynamics of competition law and economics, Lianos and Sokol will make an important contribution to the field of antitrust with this new series."—Einer Elhauge, Harvard Law School"This series promises to offer a vital set of books that will fill a real need. The interaction of competition law, economics, and institutions in view of globalized markets is a critical problem of our times."—Eleanor Fox, NYU School of Law"With over 100 jurisdictions enforcing competition policy, officials need to know how to cooperate with other authorities, and undertakings devising a global strategy need to know how to comply with the requirements of many different authorities operating under different legislation. Both groups need to understand competition advocacy. Skills in both economics and law are required. Laws that suit large well-developed countries may not suit smaller or less-developed countries. The two series editors are well-known internationally in the area of competition law, and I am sure that they will attract excellent authors for the different volumes of the series. This new series of books will fill a gap and is warmly welcome."—Valentine Korah, University College London"With the growth in the number of competition agencies worldwide, there is an increasing opportunity to apply sophisticated economic reasoning to shape competition policy and make it work for the long-run interests of society. A series in global competition policy is a welcome development that should accelerate the dissemination of knowledge in this important area of policy."—Dennis Carlton, University of Chicago Booth School of Business

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Book SynopsisCompetition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory spherethe role of competition law and policy in the financial sector. This book, the third in the Global Competition Law and Economics series, provides a number of viewpoints of what compTrade Review"The emphasis of this edited volume is on specific laws and judicial decisions regarding antitrust issues . . . Various chapters provide case studies of national experiences, which are useful. In addition, the volume examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law in the financial sector . . . Recommended."—J. A. Stevano, CHOICE

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Book SynopsisThis unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today’s leading practitioners, judges, government officials and academics.Trade ReviewThis is a long overdue book on the evolution of the US doctrine of patent misuse and its relationship with antitrust law. --Steven Anderman, Queen Mary Journal of Intellectual PropertyPatent Misuse and Antitrust Law in an excellent analysis of an understudied area of law bound to become increasingly important as watershed controversies and reforms continue to buffet patent law. --Shannon L. Malcolm, Law Library JournalOne of the most detailed and insightful analyses of the important, but maddeningly vague, doctrine of patent misuse and its relationship to antitrust law… Professor Lim tackles this complicated topic in an innovative and effective way. In addition to thoughtful legal, economic, and policy analysis, he uses a comprehensive empirical survey and coding of all patent misuse cases through the end of 2012 and substantial qualitative empirical research through interviews with practitioners and judges about the perceived, and actual, metes and bounds of this slippery doctrine. He thus throws valuable light on the state of the conventional wisdom as well as when and how actual practice and case law departs from that conventional wisdom --Spencer Weber Waller, World Competition Law and Economics ReviewTable of ContentsContents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index

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Book SynopsisAdam Smith warned of the prevalence of corporate conspiracies more than two hundred years ago. Since then, interest in cartels has sometimes intensified (during the Great Depression, for example) and sometimes diminished, but the need for control has always remained on the antitrust agenda.Trade Review'Mike Utton's timely new book provides an excellent overview of issues arising from cartels and collusion between firms and shows how this remains an important policy concern in the world today. The book covers areas such as the economics of collusion, the case for collaboration and the persistence of cartels over time. It then moves on to policy development and discusses current policy both in the US and EU. Individual cases are reviewed and the important development of leniency policy is discussed as a key feature in policy today. Overall this is a very useful addition to the literature and will be particularly of use to both students and other researchers working in this field.' --Roger Clarke, Cardiff University, UKTable of ContentsContents: Preface 1. The Economics of Collusion 2. The Case for Collaboration 3. The Persistence of Cartels 4. The Effects of Cartels: Markups and Welfare Losses 5. The Evolution of Cartel Policy 6. Penalties for Antitrust Offences 7. Carrots Rather than Sticks: Leniency Programmes in the US and the EU 8. Conclusion References Index

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Book SynopsisIn this provocative book Calixto SalomÃo Filho builds a strong case for why economic power cannot be considered a mere market phenomenon. Taking the forgotten realities and effects of these power structures into account, this comprehensive legal analysis persuasively argues the need for a new theory.Table of ContentsContents: Preface 1. A Neo-Structural Legal Perspective to Economic Power Analysis 2. Economic Power Structures: Creation and Existence 3. Power Structures: Dynamics and Behavior 4. Conclusion: From a General Theory of Economic Power to a General Theory of Law? Bibliography Index

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Book SynopsisConsidering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination.Trade Review'In sum, the book is well written, interesting and very topical. It is written by very knowledgeable lawyers, which is reflected in the high quality of the articles. . . I recommend this book, not only for academics but for practicing lawyers as well. Many of the contributions contain valuable ''take home messages'', which should be taken into account in the discussions.' --Marcus Norrgard, International Review of Intellectual Property and Competition Law'This is an intriguing selection of topical essays addressing fundamental questions of pharmaceutical innovation. It is comprised of a high-profile list of contributors, including academics, judges and practitioners from the U.S., Europe and Japan, who ''explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicines and health care''. . . This is an enjoyable, readable and interesting book containing thorough studies of ''hot'' legal issues in the pharma sector converging in an decisive era for pharmaceutical innovation. It ought to be found in any library that has reserved space for pharma-, IP- or competition law-related literature.' --Jur. Dr. Timo Minssen, European Competition Law Review Table of ContentsContents: Introduction Nari Lee and Josef Drexl PART I: PATENT PROTECTION FOR PHARMACEUTICAL METHODS 1. The Patentability of Genetic Diagnostics in US Law and Policy Rochelle C. Dreyfuss 2. Patentability of Pharmaceutical Innovations: The European Perspective Rainer Moufang 3. Patentability of Medical Methods in Japan Nari Lee PART II: DATA EXCLUSIVITY AND PATENT TERM EXTENSION: CONVERGENCE OR DIVERGENCE 4. Patent Term Restoration and Non-Patent Exclusivity in the US Margo A. Bagley 5. Clinical Data, Data Exclusivity and Private Investment Protection in Europe Christian R. Fackelmann 6. Patent Term Extension in Japan: An Academic and Comparative Perspective Ryoko Iseki 7. Recent UK Case Law on Supplementary Protection Certificates Richard Arnold 8. Patent Term Extension in Japan: Focusing on the Pacif Capsule Decision Toshiaki Imura PART III: BALANCING INCENTIVES AND COMPETITION IN EUROPE 9. Strategic Patenting by the Pharmaceutical Industry: Towards a Concept of Abusive Practices of Protection Hanns Ullrich 10. Anticompetitive Marketing in the Context of Pharmaceutical Switching in Europe Bengt Domeij 11. AstraZeneca and the EU Sector Inquiry: When Do Patent Filings Violate Competition Law? Josef Drexl Index

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Book SynopsisDealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of âœsubstituteâ IP rights.Table of ContentsContents: Introduction: Intellectual Property, Unfairness and Speech – Convergences and Developments Annette Kur, Nari Lee, Ansgar Ohly and Guido Westkamp PART I: CONDUCT AND UNFAIRNESS: MAPPING METHODOGICAL BOUNDARIES 1. What to Protect, and How? Unfair Competition, Intellectual Property, or Protection Sui Generis Annette Kur 2. Interfaces between Trade Mark Protection and Unfair Competition Law – Confusion About Confusion and Misconceptions about Misappropriation? Ansgar Ohly 3. Personality Rights, Unfair Competition and Extended Causes of Action Guido Westkamp PART II: CONVERGENCES I: PERSONA, PUBLICITY AND MARKET CONTROL RIGHTS IN COMPARISON 4. Personality Endorsement and Character Merchandising: A Sparkle of Unfair Competition in English Law Spyros Maniatis 5. Rights of Publicity in the United States From Edison to Elvis to Paris (and Every 15 Minutes in Between) Gary Rinkerman 6. Celebrities, Advertisement and Commercial Exploitation ‘Publicity Rights’ in German Law Kerstin Schmitt PART III: CONVERGENCES II: INVESTMENT IN COMPETITION 7. Ambush Marketing: Examining the Development of an Event Organizer Right of Association Seth Ericsson 8. Commercialising Privacy and Privatising the Commercial: The Difficulties Arising from the Protection of Privacy via Breach of Confidence Tanya Aplin 9. Protection of the First Mover Advantage – Regulation Against Imitation of the Product Configuration in Japan Yoshiyuki Tamura 10. The Use of Trade Marks in Keyword Advertising: Developments in CJEU and National Jurisprudence Nicole van der Laan PART IV: INVESTMENT PROTECTION AND THE PUBLIC INTEREST: COMPETITION AND (COMMERCIAL) SPEECH 11. The United Kingdom’s Public Interest ‘Defence’ and European Union Copyright Law Jonathan Griffiths 12. Public Domain at the Interface of Trade Mark and Unfair Competition Law – The Case of Referential Use of Trade Marks Nari Lee 13. Image Rights in Civil Law Systems: Four Questions and Three Systems Antoon Quaedvlieg Index

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Book SynopsisThe Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy.Trade Review‘. . . within this collection of essays there are some real gems. . . the volume provides a wide-ranging assessment of many issues raised by the movement towards such a globalised approach.’ -- Niamh Dunne, Cambridge Law Review‘Some 30 leading scholars, academics and practitioners have contributed 22 formidably thoughtful and readable articles to this scholarly and topical book on competition law. . . this book should be of abiding interest to competition lawyers everywhere as well as scholars, academics and competition officials and policymakers in trading nations. The subject matter is international and so is the book’s utility and appeal.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface PART I: INTRODUCTION 1. Setting the Scene: The Scope and Limits of ‘International Competition Law’ Ariel Ezrachi PART II: FROM UNILATERAL ENFORCEMENT TO COOPERATION NETWORKS 2. Competition Law and Extraterritoriality Florian Wagner-von Papp 3. Competition Agency Networks Around the World Imelda Maher and Anestis Papadopoulos 4. Building Global Antitrust Standards: The ICN’s Practicable Approach Hugh M. Hollman, William E. Kovacic and Andrew S. Robertson 5. ‘Jaw-jaw’ not ‘Law-law’ – from Treaties to Meetings: The Increasing Informality and Effectiveness of International Cooperation Philip Marsden 6. The Role of NGOs in Competition Law Enforcement Pradeep S. Mehta, Udai S. Mehta and Cornelius Dube 7. Greater International Convergence and the Behavioural Antitrust Gambit Maurice E. Stucke PART III: ENFORCEMENT CHALLENGES WORLDWIDE 8. Paths to Competition Advocacy Allan Fels and Wendy Ng 9. Competition Law and Developing Economies: Between ‘Informed Divergence’ and International Convergence Kathryn McMahon 10. Private and Public Enforcement: Complements, Substitutes and Conflicts – A Global Perspective Donald I. Baker 11. Criminal Sanctions for Cartels – the Jury is Still Out Caron Beaton-Wells 12. Cartels, Extradition and Concurrent Criminal Prosecution Michael O’Kane PART IV: COMPARATIVE REVIEW OF LAWS AND PROCEDURES 13. Merger Control: Key International Norms and Differences D. Daniel Sokol and William Blumenthal 14. Unilateral Conduct: The Search for Global Standards Giorgio Monti 15. Market Power – the Root of All Evil? A Comparative Analysis of the Concepts of Market Power, Dominance and Monopolisation Hedvig Schmidt 16. Drawing the Boundary between Joint and Unilateral Conduct: Parent–Subsidiary Relationships and Joint Ventures Alison Jones 17. Resale Price Maintenance in Comparative Perspective Ulf Bernitz 18. Innovation, IPRs and EU Competition Law: Cross Currents in the EU/US Debate Steven Anderman 19. Recent US FTC Antitrust–IP Interface Developments Alden F. Abbott and Dina Kallay 20. The Patent–Competition Interface in Asia: A Regional Approach? Thomas K. Cheng 21. Competition Law and Enforcement in the Pharmaceutical Industry Michael A. Carrier 22. The Consumer and Competition Policy: Welfare, Interest and Engagement Phil Evans Index

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Book SynopsisThis well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.Trade Review‘Trade and Competition Law in the EU and Beyond is a remarkable collection of scholarly contributions of relevance to academics, practitioners and officials interested not only in rules governing international trade and competition, but also in international economic law in general. The authorship is diversified, representing views of commentators from many countries, and the focus of individual contributions is not only on law de lege lata but also de lege ferenda greatly adding to the volume’s value and its input in the ongoing academic discourse.’ -- Marek Martyniszyn, International Trade Law and RegulationTable of ContentsContents: Preface Inge Govaere, Marco Bronckers and Reinhard Quick Foreword Paul Demaret Foreword Koen Lenaerts Foreword Carl Baudenbacher PART I: TRADE AND COMPETITION 1. Competition and Trade Policy and the Challenge of Globalisation Jacques Steenbergen 2. Towards a WTO Business-Enabling Compact Stefan D. Amarasinha and Simon J. Evenett PART II: TRADE Rules and Rulemaking 3. Challenges in International Monetary Law Thomas Cottier and Tetyana Payosova 4. From Reluctant Participant to Key Player: EU and the Negotiation of the GATS Juan A. Marchetti and Petros C. Mavroidis 5. Article IV of the GATT: An Obsolete Provision or Still a Basis for Cultural Policy? Lothar Ehring 6. The Debate Continues: Are Border Adjustments of Emission Trading Schemes a Means to Protect the Climate or are they ‘Naked’ Protectionism? Reinhard Quick 7. EU Common Commercial Policy Throwing Off the Shackles of ‘Mixity’ Inge Govaere 8. The Negotiations of a New Anti Dumping Agreement (ADA) in the DDA – Some Observations Hannes Welge 9. The EU and Free Trade: Can We Still Afford It? Gérard Depayre Interpretation and Dispute Settlement 10. Modern Approaches to Treaty Interpretation John H. Jackson 11. WTO Dispute Settlement: Promise Fulfilled? William J. Davey 12. Consolidation of WTO Dispute Settlement Proceedings before Panels and the Appellate Body Raimund Raith 13. Can the EU’s Disregard for ‘Strict Observance of International Law’ (Article 3 TEU) be Constitutionally Justified? Ernst-Ulrich Petersmann 14. The Effect of WTO Dispute Decisions in EU Law – Autonomy or Autarky? Piet Eeckhout 15. The Domestic Law Effect of the WTO in the EU – A Dialogue with Jacques Bourgeois Marco Bronckers 16. The Court of Justice and Unrecognized Entities under International Law Pieter Jan Kuijper 17. The Brita Ruling of the European Court of Justice: A Few Comments Marc Maresceau 18. The Standing Requirements for Bringing a Direct Action before the General Court in the Field of Trade Defence and Customs Following the Entry into Force of the TFEU Philippe De Baere PART III: COMPETITION Agreements 19. Vertical Restraints and Online Sales in the Era of Modernization: Is the New Regime ‘Modern’ Enough? Massimo Merola and Leonardo Armati 20. Parallel Trade: Econ-oclast Thoughts on a Dogma of EU Competition Law Nicolas Petit Abuses and Mergers 21. How to Treat Aftermarkets under Article 102 TFEU Hendrik Bourgeois 22. The British Airways Judgment – What are the ‘Underlying Factors’ in Exclusionary Abuses? John Temple Lang 23. Magill Revisited Ian S. Forrester 24. Refusal to Supply and Margin Squeeze: A Discussion of Why the ‘Telefonica Exceptions’ are Wrong Damien Geradin 25. Making Sense of the Reactions to the 2010 US Horizontal Merger Guidelines Barry E. Hawk and James A. Keyte State Aid 26. From Trade to Tutelage: State Aid and Public Choice in the European Union William Bishop Enforcement and Litigation 27. Public and Private Enforcement of Competition Law José Rivas 28. When the Judge Prosecutes, Power Prevails Over Law Catherine Smits and Denis Waelbroeck 29. Shaping or Administrating the Law? Reflections on the European Courts’ Decision-making Practice in the Field of Competition Law Frank Montag Index

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Book SynopsisThis outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law.Trade Review‘While the book will probably have its greatest appeal to scholars in the field, practitioners should not neglect it, as it offers a concise compilation of fundamental issues in competition law that frequently draws from concrete cases. It is true that the book delivers few definite answers but rather raises new questions, as acknowledged by the editors in their foreword. However, this will only add to the substance of the discussion and should not be regarded as a shortcoming. The book’s biggest strength may thus well be the fact that it constantly encourages the reader to challenge conventional thinking. Moreover, it rightly calls for a distinction between the use of economic insight to inform competition policy and improve the accuracy and effectiveness of its abstract rules on the one hand, and the use of in-depth quantitative economic analyses in individual cases on the other hand.’ -- Hendrik Auf’mkolk, Competition and Regulation in Network IndustriesTable of ContentsContents: Introduction Rupprecht Podszun PART I: THE GOALS OF COMPETITION POLICY 1. Consumer Welfare and Competition Policy Gregory J. Werden 2. Consumer Welfare, Total Welfare and Economic Freedom – On the Normative Foundations of Competition Policy Viktor J. Vanberg 3. Consumer Welfare, Economic Freedom and the Moral Quality of Competition Law – Comments on Gregory Werden and Victor Vanberg Daniel Zimmer PART II: MERITS AND CHALLENGES OF MODERN INDUSTRIAL ECONOMICS 4. Current Issues in Antitrust Analysis Daniel L. Rubinfeld 5. Using Economics for Identifying Anticompetitive Unilateral Practices Michele Polo 6. Modern Industrial Economics: Open Problems and Possible Limits Oliver Budzinski 7. Modern Industrial Economics Revisited – Comments on Daniel Rubinfeld, Michele Polo and Oliver Budzinski Laurence Idot PART III: COMPETITION POLICY AND EVOLUTIONARY AND INNOVATION ECONOMICS 8. Industrial Dynamics and Evolution – The Role of Innovation, Competences and Learning Uwe Cantner 9. Competition, Innovation and Maintaining Diversity through Competition Law Wolfgang Kerber 10. The Impact of Innovation – Comments on Uwe Cantner and Wolfgang Kerber Andreas Heinemann PART IV: COMPETITION POLICY AND BEHAVIOURAL AND EXPERIMENTAL ECONOMICS 11. Bounded Rationality and Competition Policy Justus Haucap 12. Using Experimental Economics to Understand Competition Bart J. Wilson 13. Competition as a Socially Desirable Dilemma – Theory v. Experimental Evidence Christoph Engel 14. Introducing More Features of Real Life into the Economists’ World of Theoretical Models – Comments on Justus Haucap, Bart Wilson and Christoph Engel Andreas Fuchs PART V: THE POLITICAL ECONOMY OF COMPETITION POLICY 15. Normative and Institutional Limitations to a More Economic Approach Dirk Schroeder 16. Competition Agencies, Independence, and the Political Process William E. Kovacic 17. On the (a)political Character of the Economic Approach to Competition Law Josef Drexl Index

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Book SynopsisMarket Building through Antitrust investigates the role of antitrust policy in the building of competitive energy markets in Europe. In particular, antitrust law has increasingly been used as a quasi-ex ante regulatory tool, thereby raising problems in terms of economic efficiency, legal certainty and political legitimacy.Trade Review‘Antitrust is a sledgehammer to the creation of European-wide markets. How does it really work though? Take the case of power contracting. Look at the smart and fresh view from a promising scholar: Adrien de Hauteclocque. A must read.’ -- Jean-Michel Glachant, European University Institute, Italy‘Long-term energy contracts pose one of the greatest challenges for EU competition law. Focusing on electricity markets and contracts, this book provides interesting new approaches and guidance in this area of EU law. The book also examines a wider and even more difficult issue: what role can competition law have in creating markets. The book delivers. It is a remarkably lucid account of difficult issues. A must-have book for practitioners and policy makers alike.’ -- Kim Talus, University of Eastern FinlandTable of ContentsContents: Foreword General Introduction 1. The Problem of Long-term Contracts in Decentralized Electricity Markets: An Economic Perspective 2. Vertical De-integration and Single Market Integration in the European Union: An Incomplete Transition 3. The Antitrust Strategy of the European Commission on Long-term Contracts: Is the New Methodology truly ‘More Economic’? 4. Long-term Contracts Across Member States: The Problem of Priority Access Rights to Interconnectors 5. The Strategy of the European Union for the Development of Interconnectors: Assessing the Role of Merchant Transmission Investment with Vincent Rious Bibliography Index

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Book SynopsisThis book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws;Trade ReviewThe most thoughtful collection available of insights into the challenges facing new competition jurisdictions. Whish and Townley have brought together experts on approaches global, comparative and local, combined with fresh inter-disciplinary insights. By combining law, economics and political economy, what emerges are pointed commentaries, and a rich source of principles and pragmatism. This book will guide the creators and enforcers of new competition law regimes. - Philip Marsden, Director, British Institute of International and Comparative Law, and OFT Board Member This is a wonderful volume filled with good ideas. It evolves from the Sixth Conference of ASCOLA, the world association of competition law professors, which asked a group of young scholars how new competition law systems can be made more effective, and challenged the conference participants to interrogate the ideas. The resulting book is an admirable collection of insightful papers and commentary. For all who are interested in advancing younger competition law systems and their supporting academic communities, this volume must be read. --- Eleanor Fox, New York University School of Law, USTable of ContentsContents: Introduction Christopher Townley and Richard Whish 1. HSR at 35: The Early US Premerger Notification Experience and its Meaning for New Systems of Competition Law William E. Kovacic PART I: CHALLENGES AND OBSTACLES TO ADOPTING COMPETITION LAWS David Lewis (Chair) 2. Designing Competition Laws in New Jurisdictions: Three Models to Follow Heba Shahein 3. The Political Economy of Competition Law Reform in New Jurisdictions Michelle Chowdhury 4. The Dynamics of Competition Policies in Small Developing Economies: The Central American Countries’ Experience Claudia Schatan Commentary on Part One Chapters Ulla Schwager PART II: INSTITUTIONAL CHALLENGES AND CHOICES: DETERRENCE Michal S. Gal (Chair) 5. Increasing Deterrence in Latin American Competition Law Enforcement Regimes Javier Tapia 6. Deterrence and Compensation in New Competition Regimes: The Role of Private Enforcement Clifford A. Jones 7. Enforcement Priorities for New Agencies: Lessons from South Africa on the Deterrence of Cartel Conduct Keith Weeks Commentary on Part Two Chapters John Davies PART III: THE GLOBAL PERSPECTIVE David J. Gerber (Chair) 8. Does Implementation of Merger Regulation Impede Inbound Cross-border Mergers? Analysis of Developed versus Developing Countries Manish Agarwal 9. The Impact of Multi-Jurisdictional Concentrations on the New Competition Law Jurisdictions: A Case Study on Brazil Marco Botta PART IV: TEACHING AND RESEARCHING COMPETITION LAW AND ECONOMICS IN NEW COMPETITION JURISDICTIONS Christopher Townley, Heba Shahein and Richard Whish Index

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