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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“This book is a classic... its style and content remain invaluable.” Entertainment Law Review This is the new edition of a unique book about intellectual property. It is for those new to the subject, both law students and others such as business people needing some idea of the subject. It provides an outline of the basic legal principles, educating the reader as to the shape of the law. Critically, it also gives an insight into how the system actually works. You cannot understand chess by merely learning the rules – you also have to know how the game is played: so too with intellectual property. The authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner. All major areas of IP – patents, trade marks, copyright and designs – are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases. A novice reader should come away both with a clear outline of IP law and a feeling for how it works. Students will be able to put their more detailed study into perspective. Users will be able to understand better how IP affects them and their businesses.

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Book SynopsisAntitrust or competition law is widely considered an essential part of the legal and political structures of most liberal democracies and an integral foundation of a market economy. In this book, Mark D. White disputes this understanding, drawing on concepts from economics, philosophy, and law to argue that the pre-eminent status accorded to the regulation of competition should be reconsidered by any government that claims to support basic property rights. Despite its populist origins, antitrust is usually understood today in terms of economic theory, which provides a solid foundation for the analysis of market competition. As this logic goes, governments restrict firms from engaging in behaviour regarded as uncompetitive, with the purpose of protecting consumers, other firms, or the very process of competition itself. However, this neglects the fundamental property rights on which the market economy is based, an unfortunate implication of the utilitarian ethics at the heart of economics. Firms are held responsible for promoting societal welfare and penalized for failing to do so, even when their actions violate no recognized rights of consumers or competitors. This view of commerce sees firms as agents of the state rather than opportunities for individuals to pursue their interests in exchange with others. As White explains, competition or antitrust law serves as an example of how economics privileges welfare and efficiency over rights and justice, promoting the maximization of outcomes while ignoring the rights of those who generate them. Accessible and non-technical, this book assumes no previous knowledge of economics, philosophy, or law, and provides a fresh and thought-provoking perspective on antitrust and competition law that will challenge readers from all backgrounds and political stances to question the degree to which its wisdom is taken for granted.Trade ReviewOriginal, well written, thought provoking . . . this is an important contribution to the ongoing debate on American antitrust law. An accessible and fruitful read for the novice and seasoned expert, who will find a different perspective on issues that are normally taken for granted. -- Nicola Giocoli, Professor of Economics, University of PisaWhite’s thought-provoking book challenges us to rethink the basic pillars of antitrust – from competition, to market power, to consumer welfare – and to confront the paradox of enforcing antitrust in a liberal society. In so doing, White raises a provocative question: What rights are we willing to sacrifice on the altar of economic welfare or populist ideals? -- Geoffrey A. Manne, President & Founder, International Center for Law & EconomicsReadable, refreshing, and relevant. A lively jaunt through the underpinnings of antitrust law from an all too rare perspective: one that champions individual rights. -- Anastasia Boden, Director, Robert A. Levy Center for Constitutional Studies, Cato InstituteTable of ContentsIntroduction 1. Overview 2. The economics of antitrust 3. The ethics of economics 4. Rights 5. Antitrust violations and rights 6. Harms and wrongs 7. The obligation to maximize welfare 8. Re-envisioning the market

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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 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 SynopsisTrade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be reaTrade Review'With brands assuming ever greater importance and value in the global market, this work is a much needed, comprehensive and insightful contribution from leading global experts.' Francis Gurry, Director General, World Intellectual Property Organization'Trademark law, and its policy underpinnings, are experiencing an unprecedented period of dynamism and diversity; this substantial volume meets the consequent need for an authoritative and systematic survey of this brisk evolution, internationally and in key national jurisdictions.' Antony Taubman, Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization'All regions of the world continue to promote brand protection to enhance the value of goods and services for economic development. This book is a remarkable resource for diverse stakeholders, including users, policy makers, lawyers and academics.' Fernando dos Santos, Director General, African Regional Intellectual Property Organization (ARIPO)'Just from looking at the table of contents - and, even more, the list of contributors - one knows that this is a must-read book for anyone practicing or writing in the field of trade mark law.' Sir Robin Jacob, Hugh Laddie Professor of IP Law, University College London'Comprising a pantheon of leading specialists on trademark law from around the world, this Handbook is by far the most comprehensive and important collection of commentary on international and comparative trademark law yet produced.' Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law'A truly useful resource for lawyers, policy makers and academics, this volume offers a highly relevant and up-to-date collection in the field. The editors have assembled a stellar group of authors, who masterfully discuss complex issues from many jurisdictions.' Alexander von Mühlendahl, Attorney-at-Law, Bardehle Pagenberg, and Visiting Professor, Queen Mary University of LondonTable of ContentsPart One. International Aspects of Trademark Protection; Part Two. Comparative Perspectives on Trademark Protection; Part II.

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Book SynopsisThe idea of a chain of production that straddles the boundaries of national states is central to understanding the workings of the global economy; this book focuses on how a range of countries at different stages of development and regulatory capability deal with the regulation of food production and distribution.

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Book SynopsisThis book addresses export restrictions in the global supply chain. Linking key areas of WTO law, public international law, investment law and competition law, it exposes the insufficient regulation on export restrictions while unpacking the forces that drive a country to legislate export restrictions in the name of national security.Table of Contents1. Introduction; 2. WTO rules on export restrictions; 3. Governing export restrictions: national security and international political economy; 4. Export restrictions in the global supply chain: investment and competition; 5. Conclusion: reconfiguring global supply chain in the post-COVID-19 era; Bibliography.

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Book SynopsisBlack Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and a review of the subject matter when studying for an examination. This outline covers: Antitrust Economics - Price Theory and Industrial Organization; Cartels, Tacit Collusion, Joint Ventures and Other Combinations of Competitors; Monopolization, Attempt to Monopolize and Predatory Pricing; Vertical Integration and Vertical Mergers; Tie-ins, Reciprocity, Exclusive Dealing and the Franchise Contract; Resale Price Maintenance and Vertical Nonprice Restraints; Refusals to Deal; Horizontal Mergers; Conglomerate and Potential Competition Mergers; Price Discrimination and Differential Pricing Under the Robinson-Patman Act; Jurisdictional, Public Policy and Regulatory Limitations on the Domain of Antitrust; and Enforcement, Procedure and Related Matters.

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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 SynopsisThis volume describes and critically analyzes the international and regional frameworks of trademark law. A valuable resource for scholars, practitioners, and policy-makers, the book also provides comparative perspectives on substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names.Trade Review'With brands assuming ever greater importance and value in the global market, this work is a much needed, comprehensive and insightful contribution from leading global experts.' Francis Gurry, Director General, World Intellectual Property Organization'Trademark law, and its policy underpinnings, are experiencing an unprecedented period of dynamism and diversity; this substantial volume meets the consequent need for an authoritative and systematic survey of this brisk evolution, internationally and in key national jurisdictions.' Antony Taubman, Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization'All regions of the world continue to promote brand protection to enhance the value of goods and services for economic development. This book is a remarkable resource for diverse stakeholders, including users, policy makers, lawyers and academics.' Fernando dos Santos, Director General, African Regional Intellectual Property Organization (ARIPO)'Just from looking at the table of contents - and, even more, the list of contributors - one knows that this is a must-read book for anyone practicing or writing in the field of trade mark law.' Sir Robin Jacob, Hugh Laddie Professor of IP Law, University College London'Comprising a pantheon of leading specialists on trademark law from around the world, this Handbook is by far the most comprehensive and important collection of commentary on international and comparative trademark law yet produced.' Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law'A truly useful resource for lawyers, policy makers and academics, this volume offers a highly relevant and up-to-date collection in the field. The editors have assembled a stellar group of authors, who masterfully discuss complex issues from many jurisdictions.' Alexander von Mühlendahl, Attorney-at-Law, Bardehle Pagenberg, and Visiting Professor, Queen Mary University of LondonTable of ContentsPart One. International Aspects of Trademark Protection; Part Two. Comparative Perspectives on Trademark Protection; Part II.

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Book SynopsisDelving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the iTable of Contents1. Introduction; 2. WTO rules on export restrictions; 3. Governing export restrictions: national security and international political economy; 4. Export restrictions in the global supply chain: investment and competition; 5. Conclusion: reconfiguring global supply chain in the post-COVID-19 era; Bibliography.

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Book SynopsisThis book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission’s enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.Trade Review[This book] is engaging and thoroughly enjoyable. This is because Pastor-Merchante has an uncommon gift for conciseness: he is able to capture the essence of complex case law without sacrificing the depth of analysis. What is also admirable is the level of sophistication and nuance of his assessment... this is an important study in EU administrative law which makes a fundamental contribution to the debate on State aid law. -- Francesco de Cecco * Common Market Law Review *Table of ContentsPART I 1. The Substantive Rules on State Aid 2. The Institutional Design of the System of State Aid Control 3. The Private Enforcement of State Aid Law PART II 4. The Position of Complainants in State Aid Procedures 5. The Participation of Competitors in State Aid Procedures 6. Judicial Review of State Aid Decisions

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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 SynopsisThis open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets.Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market?The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us.Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators.The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

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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 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 SynopsisTechnical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort andenablenew market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses onkey areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.Trade Review'Judging by its impressive bibliography of almost thirty pages, this book, with its illuminating commentary, is obviously the result of careful and extensive research and therefore a valuable investigative tool for practitioners, judges and academics keen to enhance their understanding of this particularly fascinating and fast developing area of law.' Elizabeth Robson and Phillip Taylor, The Barrister'This book is useful for researchers, practitioners, post-graduate students, lawyers, judges, policy makers, and most importantly to all those who are involved in communication standardization activities in any capacity.' Mubashir Husain Rehmani, IEEE Communications MagazineTable of ContentsIntroduction Jorge L. Contreras; Part I. Standardization and the State: 1. International trade law and technical standardization Panagiotis Delimatsis; 2. Government use of standards in the US and abroad Emily S. Bremer; Part II. Standardization, Health, Safety and Liability: 3. Technical standards in health and safety regulation: risk regimes, the new administrative law, and food safety governance Timothy D. Lytton; 4. Tort liability for standards development in the United States and European Union Paul Verbruggen; Part III. Copyright and Standards: 5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto; 6. Integrating technical standards into federal regulations: incorporation by reference Daniel J. Sheffner; 7. Public law, European constitutionalism and copyright in standards Björn Lundqvist; 8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki; Part IV. Standards and Software: 9. Open standards Jay P. Kesan; 10. Standardization, open source and innovation: sketching the effect of IPR policies Martin Husovec; 11. OSS and SDO: symbiotic functions in the innovation equation David J. Kappos; Part V. Trademarks, Certification and Standards: 12. Trademarks, certification marks and technical standards Jorge L. Contreras; 13. The unregulated certification mark(et) Jeanne C. Fromer; 14. The certification paradox Jonathan M. Barnett.

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Book SynopsisThis edited volume of essays examines a wide range of issues related to the regionalisation of competition policy in South East Asia, where the ten member states of ASEAN have launched the ASEAN Economic Community (AEC). Written by a diverse group of academics, practitioners and policy-makers, this book explore issues such as the role of competition policy in facilitating the market-integration ambitions of the ASEAN member states, the challenges arising from divergences in the national competition law regimes of the ASEAN member states, and the absence of a supranational legal framework and the future of competition policy in light of the AEC Blueprint 2025. Given the nexus between regional competition policy and regional market integration, this book will be of particular interest to lawyers, economists and policymakers working in the fields of competition law and regional trade law.Trade Review'ASEAN recognises the importance of effective competition regimes in its member states so as to build a competitive, innovative and dynamic economic community. This book has never been more timely and Burton Ong has assembled a team of global competition law scholars to help ASEAN chart its growth towards the ASEAN Economic Blueprint 2025.' Toh Han Li, Chief Executive, Competition Commission of SingaporeTable of Contents1. Competition law and policy in the ASEAN region: origins, objectives and opportunities Burton Ong; 2. Regionalisation of competition law and policy in ASEAN: why, how, and when? Wan Khatina Nawawi; 3. Diversity in national competition laws in the ASEAN region and the resulting challenges for businesses operating in the region Corinne Chew; 4. Competition law, state-owned enterprises and regional market integration in ASEAN Pornchai Wisuttisak and Cheong May Fong; 5. Can ASEAN achieve a single market with national-only competition law? Eleanor M. Fox; 6. Models of regional cooperation in competition law and policy from around the world: lessons for the ASEAN region G. Deniz Both; 7. The transplantability of the EU's competition law framework into the ASEAN region Josef Drexl; 8. Convergence and divergence within the EU's supranational competition law framework: norms, enforcement rules and prioritisation in the UK and Ireland Barry J. Rodger and Mary Catherine Lucey; 9. Antitrust appraisal of vertical agreements in the ASEAN economic community: proposals for a more harmonised approach Alison Jones; 10. Application of competition law to public services: the EU experience, the ASEAN approach and implications for regional integration in ASEAN Andrea Gideon; 11. Developing regional competition policy for ASEAN in the telecommunications sector John Townsend.

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Book SynopsisAn empirical study of China's corporate reorganization law and how the law is implemented. It will appeal to academics and practitioners of law and business specialising in corporate insolvency, particularly valuable for practitioners specialising on China-related corporate restructuring.Table of Contents1. Introduction; 2. Commencement of corporate reorganizations in China; 3. Control of Chinese corporate reorganizations; 4. Corporate reorganization financing in China; 5. Value creation and distribution in Chinese corporate reorganizations; 6. Approval of corporate reorganization plans in China; 7. Cross-border corporate reorganizations in China; 8. Conclusion.

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Book SynopsisA comprehensive and accessible textbook that connects the latest research on economic regulation with an examination of how regulation is applied in eight essential service industries. Discussion questions explore current debates, and online materials include over 60 applied exercises based on real-life regulatory problems.Trade Review'This is a fantastic textbook on modern economic regulation that beautifully integrates theory and practice like no other book on the market right now, plus it provides a great coverage of the structure and evolution of institutions in a number of key regulated industries.' Christos Genakos, Cambridge Judge Business School, University of Cambridge'Chris Decker's new book/edition is an invaluable up-to-date analysis and review of the regulation of network industries. It contains a sophisticated treatment of more general or theoretical issues concerning regulation, including the key issue of institutional form, now supplemented by a new chapter on behavioural economics and regulation. The coverage in individual chapters is now expanded beyond the trio of energy, telecoms and water, to include payment systems, aviation and rail, and digital platforms - a huge focus of current regulatory interest. All chapters draw illustrations from the experience of several different countries. Readers can determine how much detail they want to go into, from a more basic understanding to a more granular and up-to-date account of recent developments and directions of change. There is also a very extensive bibliography.' Martin Cave, London School of Economics'Modern Economic Regulation was already the best and most comprehensive economics of regulation text on the market, and now, with the addition of chapters on the regulation of payment systems, digital platforms, railways and aviation, as well as the interaction of behavioural economics and regulation, it is even better! Assign it to your master's and advanced undergraduate students, as I do to mine.' Russell Pittman, Visiting Professor, Kyiv School of Economics and Director of Economic Research, Antitrust Division, US Department of JusticeTable of ContentsList of figures; List of tables; List of boxes; Preface to the second edition; Acknowledgements; List of selected acronyms and abbreviations; 1. Introduction; Part I. 2. The perennial question: why regulate?; 3. Is economic regulation inevitable?; Part II. 4. Principles of regulation for core network activities; 5. Forms of price regulation; 6. Regulation in the presence of competition; 7. Behavioural economics and regulation; Part III. 8. The institutions of regulation; 9. Electricity regulation; 10. Gas regulation; 11. Telecommunications regulation; 12. Payment systems regulation; 13. Digital platforms regulation; 14. Rail regulation; 15. Aviation regulation; 16. Water and wastewater regulation; 17. Conclusions; Cases and legislation; Bibliography; Index.

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Book SynopsisFirst, this book is fundamentally an endorsement of free-market principles. These principles have driven the success of the U.S. economy and will continue to fuel the investment and innovation that are essential to ensuring our continued welfare. Second, this book judges the state of the U.S. antitrust laws as "sound". Certainly, there are ways in which antitrust enforcement can be improved. The book identifies several. Third, the Commission does not believe that new or different rules are needed to address so-called "new economy" issues. That does not mean the Commission sees no room for improvement. To the contrary, the Commission makes several recommendations for change. This book highlights the overview of the Antitrust and the manners in which the Commission intends to improve what requires improvement.

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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 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 SynopsisThis open access book is the first to systematically explore competition policy in fintech markets. Drawing from the expertise of law scholars, economists, and social and natural scientists from the EU and the US, this edited collection explores the competitive dynamics, market organisation, and competition law application in fintech markets. It is the 17th volume in the Swedish Studies in European Law series. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Network for European Legal Studies.

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Book SynopsisWhat drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality; this book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.Trade ReviewAdi Ayal is a gifted scholar who uses sophisticated economic, legal and philosophical arguments to reexamine the fundamentals of antitrust law. Not content to accept the economists’ notion of maximizing efficiency, Professor Ayal shows that economists often ignore basic presumptions of property rights’ protection and fairness in their analyses. He argues that even monopolists have rights that require protection in any well-functioning legal regime, though those rights have limits. This book will challenge and perhaps frustrate those who think they know the answer to the question of how to balance the competing stakeholders’ interests under competition policy. What is undeniable is that the book will stimulate thoughtful debate and force analysts to face squarely hard questions that they have ignored. -- Dennis W. Carlton, David McDaniel Keller Professor of Economics, Booth School of Business, University of ChicagoTable of ContentsIntroduction Part I: The Setting of Antitrust 1 The Legal and Rhetorical Context of Antitrust I. The Development of Antitrust Law: Common Law Antecedents II. Competition Law in Europe: Between National and Community Goals III. Introducing the Goals of Antitrust: Fairness, Efficiency and Beyond IV. Terminology and Focus: What is meant by 'Monopolist' and which Rights are Assessed? Part II: The Goals of Antitrust 2 The Societal Goals of Antitrust I. The Efficiency Model of Antitrust II. Competition Beyond Efficiency: Between Proxy and Independent Goal III. Antitrust as Facilitating a Society of Entrepreneurs 3 Monopoly's Victims I. Consumers and their Centrality in the Fairness Discussion II. Antitrust as a Tool for Protecting Competitors III. Workers, Local Communities and Small Businesses: The Lost Classes of Antitrust 4 Monopolists' Rights I. Why the Verizon Case is Unhelpful: Baselines in Antitrust II. Who are the Monopolists? III. Monopoly Profit as a Property Right, or Competition as Creating Property? IV. Freedom of Contract V. The Role of Firms Part III: The Balancing Act of Antitrust 5 Towards a Constitutional Balance in Antitrust I. The Need for a Balancing Test II. Striking a Balance III. Boundaries to be Respected IV. Developing the Standard 6 Formalization of Fairness: Keeping Everyone Envy-Free I. The Framework of Envy-Freeness II. Complications and Extensions III. Implementation to Antitrust 7 The 'Clear and Present Danger' for Antitrust I. Protecting Monopolists' Market Access: The Logical Fallacy Argument II. Logical Fallacy or Balancing Act? Trade and Speech Compared III. The Balancing Test: Free Speech as a Guiding Force IV. Implementation to Antitrust V. Objections to the 'Clear and Present Danger' Standard VI. Answers to the Raised Objections VII. A Rebellious Thought Conclusion and Future Implementations

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Book SynopsisLeniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion – conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frédéric Jenny ‘ … fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far … [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... ’Trade ReviewAnti-Cartel Enforcement in a Contemporary Age constitutes a very valuable volume. It challenges the too easily accepted assumptions concerning leniency and it explores many of the under-analysed questions relating to leniency’s place in the broader system of enforcement. It warrants a careful read of policy-makers, competition authorities’ officials and practitioners alike. -- Marek Martyniszyn * Concurrences *Profs Beaton-Wells and Tran assembled first-rate authors, and superbly structured the book's chapters, succeeding in making this book a must-read for both practitioners and scholars of the antitrust/competition. -- Toshiaki Takigawa * Symposium: Antritrust and Competition Policy Blog *...an interesting, timely, and important book. There is a tremendous variety of economic, legal, philosophical, and practical perspectives on the role of leniency policies in modern cartel enforcement in the U.S., the EU, and in other jurisdictions. -- Spencer Waller * Symposium: Antritrust and Competition Policy Blog *...the 16 chapters [the book] comprises are not only uniformly excellent, but they raise the right questions...It should figure on the reading list of all competition law enforcers and practitioners. -- Damien Geradin * Symposium: Antritrust and Competition Policy Blog *Nothing can detract form the excellent job all the contributors and the editors do in critically discussing the practical issues of leniency programmes...The book is a strongly recommended purchase for all academics and practitioners interested in antitrust enforcement issues. -- Florian Wagner von Papp * Symposium: Antritrust and Competition Policy Blog *Kudos to the editors and authors of [this work] for producing such an interesting, timely, and important book. There is a tremendous variety of economic, legal, philosophical, and practical perspectives on the role of leniency policies in modern cartel enforcement...Any practitioner, enforcement official, or academic involved or interested in cartel enforcement and the role of leniency will want to read this book. -- Spencer Weber Waller * World Competition Law and Economics Review *Table of ContentsPart I: Introduction 1. Leniency Policies: Revolution or Religion? Caron Beaton-Wells Part II: Leniency Convergence and Divergence 2. Leadership of Leniency Ann O’Brien 3. Leniency Policy with Chinese Characteristics Mark Williams Part III: Leniency and the Competition Authority 4. What do we know about the Effectiveness of Leniency Policies? A Survey of the Empirical and Experimental Evidence Catarina Marvão and Giancarlo Spagnolo 5. Anti-Cartel Enforcement in Japan: Does Leniency Make the Difference? Steven Van Uytsel 6. Leniency, Profiling and Reverse Profiling in Multi-Product Markets: Strategic Challenges for Competition Authorities Leslie M Marx and Claudio Mezzetti 7. A Case for Capping the Dosage: Leniency and Competition Authority Governance William E Kovacic Part IV: Leniency and the Corporation 8. Leniency Decision-Making from a Corporate Perspective: Complex Realities Andreas Stephan and Ali Nikpay 9. Leniency: The Poisoned Chalice or the Pot at the End of the Rainbow? Ian S Forrester and Pascal Berghe 10. Reconditioning Corporate Leniency: The Possibility of Making Compliance Programmes a Condition of Immunity Brent Fisse Part V: Leniency and the Individual 11. Leniency, Whistle-Blowing and the Individual: Should We Create Another Race to the Competition Agency? Maurice E Stucke Part VI: Leniency and Crime 12. Leniency and Criminal Sanctions in Anti-Cartel Enforcement: Happily Married or Uneasy Bedfellows? Christopher Harding, Caron Beaton-Wells and Jennifer Edwards Part VII: Leniency and Compensation 13. Why Leniency does not Undermine Compensation Daniel A Crane 14. Leniency and the Two Faces of Janus: Where Public and Private Enforcement Merge and Converge Laura Guttuso Part VIII: Leniency and Compliance 15. The Air Cargo Cartel: Lessons for Compliance Howard Bergman and D Daniel Sokol 16. Combining Leniency Policies and Compliance Programmes to Prevent Cartels Joe Murphy

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Book SynopsisThis book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field.While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.Table of ContentsIntroduction.- Plethora of Comparative Studies.- EU Conceptual Framework of Harmonisation: Setting the Scene.- Development of EU Competition Law Enforcement from an Historical Perspective: A Call for Harmonisation from the EU.- Institutional Framework of the National Competition Authorities in the Central and Eastern European Countries.- Harmonisation of Public Enforcement: Basic Powers of the National Competition Authorities, Sanctions, and Leniency Policies.- Harmonisation of Private Enforcement in the Central and Eastern European Countries.

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Book SynopsisThis important new book provides a substantive introduction to Hong Kong competition law contained in the new Competition Ordinance as supplemented by the Competition Commission’s Guidelines. Reference is also made to the most important case law concerning competition rules in other jurisdictions, in particular the European Union, from which the Hong Kong competition rules draw inspiration. Hong Kong Competition Law also sets out fully the procedural and enforcement rules before the Competition Commission and the Competition Tribunal. Specific sections deal with the application of competition law to the major economic sectors in Hong Kong: construction, energy, finance, retail, telecommunications and transport. A final chapter provides a comparative survey of competition law in China, Japan and South Korea.Trade ReviewThe authors are to be heartily congratulated for producing a work of this quality. I warmly recommend it not only to legal practitioners but also to anyone who desires a serious understanding of competition law in Hong Kong. -- From the Foreword by Godfrey Lam, President of the Hong Kong Competition Tribunal... the authors have probably achieved that rare feat of writing a practitioner text with the status of being an instant classic ... This is an excellent book providing a comprehensive, detailed, and clear treatment of the relevant law in Hong Kong, setting the discussion firmly within its relevant socio-economic context. -- Mark Furse * European Competition Law Review *Table of Contents1. The Competition Ordinance 1.1 A new competition law for Hong Kong 1.2 The Competition Rules 1.3 Undertakings and the Competition Ordinance 1.4 Market definition in the competition rules 2. The First Conduct Rule: Agreements that Harm Competition 2.1 The First Conduct Rule 2.2 Agreements, concerted practices and decisions of undertakings 2.3 Object or effect of harming competition 2.4 Agreements that may contravene the First Conduct Rule 2.5 Exclusions and exemptions from the First Conduct Rule 3. The Second Conduct Rule: Abuse of Substantial Market Power 3.1 The Second Conduct Rule 3.2 Assessment of substantial market power 3.3 Abuse of substantial market power 3.4 Conduct that constitutes an abuse of market power 3.5 Exclusions and exemptions from the Second Conduct Rule 4. The Merger Rule 4.1 Scope of the Merger Rule 4.2 Competition assessment 4.3 Exclusion based on economic efficiencies 5. Enforcement Procedures for the Competition Rules 5.1 Enforcement procedures 5.2 Applications for Commission decisions on exclusions and exemptions and block exemption order from the Conduct Rules 5.3 Complaints to the Competition Commission 5.4 Investigations by the Competition Commission 5.5 Leniency 5.6 Procedures and enforcement in merger cases 5.7 Proceedings before the Competition Tribunal 5.8 Appeals from the Competition Tribunal 5.9 Follow-on actions 6. The Telco Rule: the prohibition on exploitative conduct by a dominant telecommunications licensee 6.1 The Telco Rule 6.2 Market definition 6.3 Dominant position 6.4 Exploitative conduct 6.5 Enforcement of the Telco Rule 7. Competition and Hong Kong’s major economic sectors 7.1 Construction 7.2 Energy 7.3 Financial services 7.4 Retail 7.5 Telecommunications and broadcasting 7.6 Transport 8. Comparative Competition Law: China, Japan and South Korea 8.1 Competition law in China and Hong Kong 8.2 Competition law in Japan 8.3 Competition law in South Korea

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