Competition law / Antitrust law Books

Book SynopsisThis is an extraordinary collection of essays, most previously available only in Chinese, by the leading world authority on China's Anti-Monopoly Law. They are necessary reading for a holistic understanding of the law as a unique product of its history, its purposes and foundations, and its early applications. Probably no other scholar could produce such a thoughtful, clear, and both theoretically and practically helpful collection.'- Eleanor M. Fox, New York University School of Law, USChina's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China's AML to the international community, through a collection of essays from the most prominent antitrust scholar in China, Professor Xiaoye Wang.Xiaoye Wang provides a unique and invaluable 'insider perspective' into how China and its incipient antitrust regime work. This book therefore serves as a key reference text, which comprehensively outlines the historical background of China's enactment of the AML, engages in comparative legal analysis to explain the basic contents of the law, analyses its existing problems, and considers the various challenges it will face in implementation. This book also records the AML's difficult legislative journey, and reflects upon the views and different perspectives that the Chinese society has on the market economy, market competition, and other important theoretical questions.Antitrust practitioners and in-house lawyers, academics and policymakers alike will be interested in this book. China has become too important an antitrust jurisdiction, and too important a market, for any person with an interest in antitrust to ignore.Contents: 1. Why Needs China Anti-Monopoly Law? 2. Anti-monopoly Law and Building a Harmonious Society 3. Anti-monopoly Law and China's Economic Reform 4. Market Access of the Non-Public Economy and Anti-Monopoly Law 5. Legal Suggestions for Reforming Monopoly Industries 6. China's Competition Law in the Global Competition 7. The Impacts of the WTO Competition Policy Negotiation in China 8. WTO Accession and the Formulation of China s Anti-Monopoly Law 9. The Prospect of Anti-monopoly Legislation in China 10. The Goals of China s Anti-Monopoly Law 11. Anti-Monopoly Law and Industry Price Self-Discipline 12. Anti-Monopoly Regulation of the Market Behaviour of Public Utility Enterprises 13. The Legal Regulation of Administrative Restrictions on Competition 14. Anti-Monopoly Law in the Compulsory Licensing of Intellectual Property 15. Some Issues Surrounding the Anti-Monopoly Enforcement Authority in China 16. Issues Surrounding the Drafting of China's Anti-monopoly Law 17. Unfair Competition and Anti-Competition 18. Comments on Merger Control under China's Anti-monopoly Law 19. Highlights of China's New Anti-monopoly Law 20. Analysis and Comment on China's Anti-Monopoly Law 21. China's Anti-monopoly Enforcement Agency Should Say No to the BHP-Rio Tinto Merger 22. Comments on MOFCOM's Decision on Coca-Cola/Huiyuan 23. Reflections on the NDRC Case Against China Telecom and China Unicom 4. China's Anti-Monopoly Law for Three Years: Achievements and Challenges IndexTrade Review’This is an extraordinary collection of essays, most previously available only in Chinese, by the leading world authority on China’s Anti-Monopoly Law. They are necessary reading for a holistic understanding of the law as a unique product of its history, its purposes and foundations, and its early applications. Probably no other scholar could produce such a thoughtful, clear, and both theoretically and practically helpful collection.’ -- Eleanor M. Fox, New York University School of Law, US’The transformation of a planned economy to a more market oriented economy is among the most challenging tasks of responsible political leadership. China’s move towards a market economy left the outside world in unbelieving wonder. The adoption of an anti-monopoly law is a necessary and particularly difficult part of such a project. An anti-monopoly law interferes with vested political and economic interest. The certainties of plans are gradually substituted by the uncertainties of markets and the vagaries of competition. Such decisions have a constitutional dimension. They would not be possible without profound legal and economic advice by scholars who are prepared to become identified with and argue for the new order. Such a scholar is Prof. Xiaoye Wang. The account of her life indicates the long way she had to travel to become one of the foremost competition law scholars in her own country and on a truly global level. This book highlights her scholarly accomplishments as well as her courage and independence in the service of an effective Chinese Anti Monopoly Law. It has been my good fortune that Professor Wang at the beginning of her career accepted my advice in the preparation of her doctor’s dissertation at the Hamburg Max-Planck-Institute.’ -- Ernst-Joachim Mestmäcker, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany‘The Evolution of China’s Anti-Monopoly Law not only gives the reader a comprehensive overview ranging from the basic theoretical foundations to the detailed lines of argument in important cases, it provides the background knowledge and understanding that is necessary for well-grounded critique and analysis in the area of Chinese anti-monopoly law. The vivid argumentations and explanations mirror the considerable inside knowledge as well as the personal enthusiasm and conviction of the author. For those with an academic or practical focus on China’s Anti-Monopoly Law, this book is a must read.’ -- Markus Masseli, Rabels ZeitschriftTable of ContentsContents: 1. Why Needs China Anti-Monopoly Law? 2. Anti-monopoly Law and Building a Harmonious Society 3. Anti-monopoly Law and China’s Economic Reform 4. Market Access of the Non-Public Economy and Anti-Monopoly Law 5. Legal Suggestions for Reforming Monopoly Industries 6. China’s Competition Law in the Global Competition 7. The Impacts of the WTO Competition Policy Negotiation in China 8. WTO Accession and the Formulation of China’s Anti-Monopoly Law 9. The Prospect of Anti-monopoly Legislation in China 10. The Goals of China’s Anti-Monopoly Law 11. Anti-Monopoly Law and Industry Price Self-Discipline 12. Anti-Monopoly Regulation of the Market Behaviour of Public Utility Enterprises 13. The Legal Regulation of Administrative Restrictions on Competition 14. Anti-Monopoly Law in the Compulsory Licensing of Intellectual Property 15. Some Issues Surrounding the Anti-Monopoly Enforcement Authority in China 16. Issues Surrounding the Drafting of China’s Anti-monopoly Law 17. Unfair Competition and Anti-Competition 18. Comments on Merger Control under China’s Anti-monopoly Law 19. Highlights of China’s New Anti-monopoly Law 20. Analysis and Comment on China’s Anti-Monopoly Law 21. China’s Anti-monopoly Enforcement Agency Should Say No to the BHP-Rio Tinto Merger 22. Comments on MOFCOM’s Decision on Coca-Cola/Huiyuan 23. Reflections on the NDRC Case Against China Telecom and China Unicom 24. China’s Anti-Monopoly Law for Three Years: Achievements and Challenges Index

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Book SynopsisNearly every important country now has a competition law. It is vital to understand the institutions that drive the operation of these laws. This excellent volume provides case studies of some of the more substantial new competition authorities written by former or current top agency officials and academics closely connected with those institutions. The book highlights the fact that whilst these institutions have certain features in common, they are very much shaped by the history and circumstances of their own countries and cultures, and that any serious prescription for them needs to balance those factors against the general economic doctrines that lie behind competition law around the world. Without that understanding, regulators and those dealing with them are likely to face failure. The book points to ways of resolving those problems.'- Allan Fels, The Australia and New Zealand School of Government (ANZSOG)This detailed book focuses on the development of competition law institutions and contains case studies that examine this against the backdrop of the debate around global convergence of competition law and the limits imposed by particular national circumstances.Five of the chapters examine the development of competition law regimes in a diverse range of countries: Mexico, Hungary, South Africa, Thailand (with comparative remarks on South Korea) and Zambia. The remaining chapters examine the role of multinational institutions, particularly the International Competition Network, and the practice of and potential for regional competition law arrangements. The majority of the authors are seasoned practitioners of competition law, all of whom acknowledge the importance of convergence, while simultaneously demonstrating the limits imposed by divergent national circumstances. This carefully edited collection is a companion volume to Enforcing Competition Rules in South Africa, an account of the development of competition law institutions in South Africa, authored by David Lewis and published by Edward Elgar.Building New Competition Law Regimes will be of particular benefit to scholars, teachers and practitioners of competition law. It will also be of interest to development studies scholars, teachers and practitioners and to specialists in the countries that are the subjects of the case studies.Contributors: J. Bleazard, H.C.S. Correa, J. Fingleton, E. Fox, A. Heimler, F. Jenny, T. Kaira, C. Kovács, D. Lewis, S. Mitchell, E.P. Motta, D. Nikomborirak, A.P. ReindlTrade Review‘There is much in this book that is very interesting and the essays have been extremely well-collated and organised - it is clear that much thought has been given by David Lewis to the issues that matter. There remains much more to be said about the development of competition law, the role that more developed and better supported systems have to play in facilitating this and the role of multinational organisations. The fact that I can think of essays that I wish had been written and included here in no way detracts from the value of this volume; rather the opposite is suggested - that fascinating and important questions have been raised. To policy-makers and academics, as well as to those interested in competition law generally, this book can be highly recommended.’ -- Mark Furse, European Competition Law Review‘Nearly every important country now has a competition law. It is vital to understand the institutions that drive the operation of these laws. This excellent volume provides case studies of some of the more substantial new competition authorities written by former or current top agency officials and academics closely connected with those institutions. The book highlights the fact that whilst these institutions have certain features in common, they are very much shaped by the history and circumstances of their own countries and cultures, and that any serious prescription for them needs to balance those factors against the general economic doctrines that lie behind competition law around the world. Without that understanding, regulators and those dealing with them are likely to face failure. The book points to ways of resolving those problems.’ -- Allan Fels, University of Melbourne, Australia‘This thoughtfully curated collection has much to offer, providing nuanced insights into an increasingly global phenomenon that has, as these essays demonstrate, inescapably local components nonetheless.’ -- Niamll Dunne, The Cambridge Law JournalTable of ContentsContents: Preface PART I: COUNTRY STUDIES 1. Competition Policy in Mexico Eduardo Pérez Motta and Heidi Claudia Sada Correa 2. The Evolution of the Hungarian Competition Regime: 2 Decades of Dynamic Change and Continuity Csaba Kovács and Andreas P. Reindl 3. Pigeon-holed by Precedent: Form versus Substance in the Application of South African Competition Law Janice Bleazard 4. The Political Economy of the Competition Regimes in Thailand and South Korea: A Comparison Deunden Nikomborirak 5. The Role of SMMEs in the Formal and Informal Economy in Zambia: The Challenges Involved in Promoting them and Including them in Competition Regulation Thula Kaira PART II: MULTINATIONAL ISSUES AND INITIATIVES 6. The Past and Future of International Antitrust: Gaps, Overlaps and the Institutional Challenge Eleanor Fox, John Fingleton and Sophie Mitchell 7. Regional Agreements Alberto Heimler and Frédéric Jenny Index

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Book SynopsisThis fascinating book describes and analyses the development of competition law in South Africa, promoting a deeper understanding of the development of this foundational economic law within its specific national, social and economic context.Enforcing Competition Rules in South Africa is a clear and insightful account of the establishment and first decade of one of the most successful competition law institutions to have mushroomed over the past 15 years. David Lewis believes that, while there is much to learn from international scholarship and jurisprudence and from participation in the various multinational initiatives in this field, competition law and its institutions have to be understood within their national economic and social contexts.Drawing strongly on case law and enforcement experiences, this book will appeal to academics, researchers and practitioners of competition law and economics.Contents: Preface 1. Beginnings 2. The New Competition Regime 3. Mergers 4. Abuse of Dominance 5. Cartels 6. Competition Enforcement on the World Stage 7. Conclusion and a Postscript IndexTable of ContentsContents: Preface 1. Beginnings 2. The New Competition Regime 3. Mergers 4. Abuse of Dominance 5. Cartels 6. Competition Enforcement on the World Stage 7. Conclusion and a Postscript Index

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Book SynopsisThis book treats one of the thorniest issues in contemporary antitrust theory: the role of tacit collusion among oligopolistic undertakings and the instruments to apply competition law against its harmful consequences. The author builds a very thorough parallel among US and European legal traditions, enforcement possibilities and concrete choices against tacit collusion. The result is an advanced and entertaining reading to be recommended both to lawyers and economists that study and practice antitrust.'- Pier Luigi Parcu, European University Institute, ItalyBy examining the issue of collusion in EU and US competition law, this book suggests possible strategies for improving the antitrust enforcement against parallelism, by exploiting the most advanced achievements of economic analysis.The book contains a suggested approach to collusion, in ex ante and ex post perspectives. By moving from the analysis of the state of art, in terms of law, case law, and scholarship, Marilena Filippelli analyses inconsistencies and failures in the current antitrust enforcement toward collusion and develops a workable parameter for the issue of collective dominance. The most innovative part of this work goes beyond the analysis of collective dominance itself and involves the interference of arts. 101 and 102. The conclusion is a re-definition of the relationship between those rules - from dichotomy to redundancy. Finally, the book highlights the antitrust significance of semi-collusion as a strategy made of collusion and competition. The author considers economic models equalling, as for the effects, collusion and semi-collusion and the case law supporting the qualification of semi-collusion as a species of collusion. The analysis involves both US and EU systems under the highly topical economic-oriented approach. It also contains an original view of European antitrust prohibitions.Because of its contents and its approach, this book will be attractive to every academic interested in antitrust law. Moreover, the well-documented research on parallelism, involving law, case law and scholarship, makes this book interesting also for competition authorities and antitrust lawyers.Contents: Introduction Part I: Parallelism in US Competition Law 1. US Antitrust Policy Towards Parallelism: The Ex Post Enforcement 2. The US Merger Policy Towards Collusion Part II: Parallelism in EU Competition Law 3. First Evidence of the 'Oligopoly Problem- in the Enforcement of EU Antitrust Laws 4. The First Stage of EU Oligopoly Control: Shaping the Category of Collective Dominance 5. Airtours and its Aftermath Part III: A Suggested Approach to Collective Dominance 6. Coordinated Effects in EU Merger Control 7. Abuses of Collective Dominance Section I: Taxonomy of Collective Dominance Section 2: Dealing with Tacit Collusion 8. Lessons from Collective Dominance: Re-thinking the Relationship of Articles 101 and 102 Concluding Remarks: EU and US Approach to the Oligopoly Problem: An Economic-based Trend toward Convergence Bibliography IndexTrade Review‘This book treats one of the thorniest issues in contemporary antitrust theory: the role of tacit collusion among oligopolistic undertakings and the instruments to apply competition law against its harmful consequences. The author builds a very thorough parallel among US and European legal traditions, enforcement possibilities and concrete choices against tacit collusion. The result is an advanced and entertaining reading to be recommended both to lawyers and economists that study and practice antitrust.’ -- Pier Luigi Parcu, European University Institute, ItalyTable of ContentsContents: Introduction Part I: Parallelism in US Competition Law 1. US Antitrust Policy Towards Parallelism: The Ex Post Enforcement 2. The US Merger Policy Towards Collusion Part II: Parallelism in EU Competition Law 3. First Evidence of the ‘Oligopoly Problem’ in the Enforcement of EU Antitrust Laws 4. The First Stage of EU Oligopoly Control: Shaping the Category of Collective Dominance 5. Airtours and its Aftermath Part III: A Suggested Approach to Collective Dominance 6. Coordinated Effects in EU Merger Control 7. Abuses of Collective Dominance Section I: Taxonomy of Collective Dominance Section 2: Dealing with Tacit Collusion 8. Lessons from Collective Dominance: Re-thinking the Relationship of Articles 101 and 102 Concluding Remarks: EU and US Approach to the Oligopoly Problem: An Economic-based Trend toward Convergence Bibliography Index

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Book SynopsisThis book provides a comprehensive overview of the economic and competition policy issues that buyer power creates. Drawing on economic analysis and cases from around the world, it explains why conventional seller side standards and analyses do not provide an adequate framework for responding to the problems that buyer power can create. Based on evidence that abuse of buyer power is a serious problem for the competitive process, the book evaluates the potential for competition law to deal directly with the problems of abuse either through conventional competition law or special rules aimed at abusive conduct. Peter C. Carstensen's expert analysis uses the policy goal of preserving and protecting the competitive process as a guide, and evaluates competition law and policy found around the world for diverse perspectives. He identifies and evaluates controls beyond conventional competition rules and makes recommendations for competition policy, including focus on limiting the emergence of undue buyer power, strict controls limiting the size of legitimate buyer groups, prohibition in most instances of buyer cartels, and strict standards to bar mergers creating buyer power to provide a set of policies that can constrain the risks of undue buyer power. Competition law scholars, competition law practitioners, staff of competition enforcement agencies, economists interested in competition policy, and agricultural economists interested in market systems will all find this book a strong resource.Trade Review'In a lucid and thorough exploration of buyer power, Peter Carstensen persuasively illustrates the welfare effects and societal costs. He offers a detailed review of buyer power exploitation and the means to tackle it using ex-ante and ex-post intervention. This excellent contribution to the legal and policy debate highlights the prevalence of buyer power in many industries and markets, its potential abuse, and the likely costs of limited antitrust enforcement.' --Ariel Ezrachi, The University of Oxford, UK'Which is more harmful to the competitive process-abuse of buyer power or seller power? Which is more difficult for enforcers to control? Are monopsonies the ''mirror image'' of monopolies? Professor Carstensen tackles these important questions in this much needed addition to an under-researched topic. A cogent, compelling analysis of why buyer power requires much more attention from competition authorities and policymakers generally than it has received.' --Maurice E. Stucke, The University of Tennessee; of counsel, The Konkurrenz Group, US'In this excellent book Peter Carstensen gives buyer power the attention it deserves. Long relegated to a secondary role in antitrust analysis, buyer power is an important source of inefficiency, harm to competition, and exploitation. This book is an exceptionally comprehensive, incisive, and thoughtful treatment of the issue. And it could not be more timely.' --John B. Kirkwood, Seattle University, School of Law, USTable of ContentsContents: Acknowledgements 1. Buyer Power: a Pervasive Challenge to Competition Policy 2. The Goals of Competition Policy 3. Buyer Power: Its Definition and Measurement 4. The Potential Competitive Harms from the Existence and Abuse of Buyer Power 5. Competition Policy for Unilateral Conduct by Buyers 6. Market Regulation and Other Strategies to Remedy Abuse of Buyer Power 7. Competition Policy for Buying Cartels, Buying Groups and Other Contractual Restraints Involving Buyer Power 8. Controlling the Creation of Buyer Power through Merger Policy 9. Conclusion: The Centrality of Market Structure and the Limits of National Authority Index

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Book SynopsisKey features:- Edited by leading academics and an experienced practitioner- Combines both practical insight and scholarly analysis- A rich compendium of commentary and analysis on all the main themes of competition law- Extensive coverage of both substantive, procedural and enforcement issues in two volumes.Handbook on European Competition Law: Enforcement and Procedure sets out in detail the procedural aspects of EU competition law, ranging from fines, remedies and judicial review. It also gives unique insight into both private and public enforcement of completion law, and offers commentary on the relationship between EU competition law and national competition law, and on the relationship between competition law and private international law.The companion volume, Handbook on European Competition Law: Substantive Aspects, sets the context for examination of substantive law by reviewing and analyzing the goals of competition law. It then covers the substantive building blocks of EU competition law, including horizontal and vertical agreements, cartels, mergers, and also provides valuable coverage of the interaction between competition and regulation, hub and spoke collusion, and information exchange agreements. The importance of the abuse of dominance doctrine is reflected in three discrete chapters considering exploitative abuses, exclusionary pricing abuses, and exclusionary non-pricing abuses.This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.Contributors: A. Andreangeli, K. Cseres, C. Genakos, D. Geradin, D.M.B. Gerard, Y. Katsoulacos, A.P. Komninos, N. Levy, I. Lianos, C. Malamataris, B.J. Rodger, H. Schweitzer, D. Ulph, J. WileurTable of ContentsContents: Foreword Preface 1. Econometric Evidence in EU Competition Law: An Empirical and Theoretical Analysis Ioannis Lianos and Christos Genakos 2. The Public Enforcement of Articles 101 and 102 TFEU under Council Regulation No 1/2003: Due Process Considerations Arianna Andreangeli 3. Public Enforcement: The ECN – Network Antitrust Enforcement in the European Union Damien M.B. Gerard 4. Private Enforcement in the EU with Emphasis on Damages Actions Assimakis P. Komninos 5. Procedural Aspects of Merger Control Nicholas Levy 6. The EU Competition Law Fining System Damien Geradin, Christos Malamataris and John Wileur 7. Competition Law Remedies in Europe Ioannis Lianos 8. EU Competition Law and Private International Law: A Developing Relationship Barry J. Rodger 9. Judicial Review in EU Competition Law Heike Schweitzer 10. Relationship between EU Competition Law and National Competition Laws Katalin Cseres 11. Legal Uncertainty, Penalties, and the Limits to Effects-based Standards Yannis Katsoulacos and David Ulph Index

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Book SynopsisThis book provides a detailed analysis of major legal and public policy issues arising from the Trans-Pacific Partnership Agreement (TPP) - a treaty that will dramatically change the landscape of international trade, with effects that will be felt on a global scale.Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as development, health and the environment, as well as more specific areas such as agriculture and services, and controversial questions of intellectual property, investment and dispute settlement under the agreement.With an analytical focus on broad principles and enduring issues arising from the TPP, this informative book will appeal to academics, government advisors, NGOs, and students of law, economics, and international relations. Legal practitioners will also find much of interest in this book.Contributors: W.-M. Choi, D. Elms, D. Kotlowitz, M. Lewis, J. Meltzer, A. Mitchell, J. Munro, R. Polanco, M. Rimmer, L. Trakman, T. Voon, K. WeatherallTrade ReviewProfessor Tania Voon has assembled a stellar team of authors to produce one of the first collections analysing the Trans-Pacific Partnership (TPP) - the world's most important and perhaps controversial contemporary trade agreement - from the legal perspective. Written and published before the conclusion of the negotiations, the collection provides preliminary analysis of the broader legal and policy issues at play during the negotiations. These issues will undoubtedly remain important following the conclusion of the negotiations. The snapshot provided by this collection will remain valuable long after the TPP comes into force. --Bryan Mercurio, The Chinese University of Hong KongTable of ContentsContents: 1. Introduction: National Regulatory Autonomy and the Trans-Pacific Partnership Agreement Tania Voon 2. Coping with Proliferating Preferential Rules of Origin and the TPP’s Role in their Harmonisation Won-Mog Choi 3. The Trans-Pacific Partnership Agreement and Development Meredith Kolsky Lewis 4. The TPP as a Case Study of Changing Dynamics for International Intellectual Property Negotiations Kimberlee Weatherall 5. Plain Packaging for the Pacific Rim: Tobacco Control and the Trans-Pacific Partnership Matthew Rimmer 6. Agriculture and the Trans-Pacific Partnership Negotiations Deborah Elms 7. Services in the TPP: A Case Study of Telecommunications Danny Kotlowitz and Tania Voon 8. State-State Dispute Settlement under the Trans-Pacific Partnership Agreement Andrew D Mitchell and James Munro 9. Investor-State Dispute Settlement under the Trans-Pacific Partnership Agreement Leon E Trakman 10. The Trans-Pacific Partnership Agreement, the Environment and Climate Change Joshua P Meltzer 11. The Trans-Pacific Partnership Agreement and Regulatory Coherence Rodrigo Polanco Bibliography Index

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Book SynopsisCustomary law has been the subject of intense debate and the issues arising from the intersection of customs and the law are far from settled. This volume, separated into three parts brings together seminal work from scholars in law, economics and history. The first section analyses various perspectives on the history of customary law. Part two focuses on the commercial customary law and includes a number of case studies covering the role and limits of customary systems in a variety of commercial settings. The final section explores the role of custom in international law from a variety of legal and economic perspectives.Along with an original introduction by Professors Bernstein and Parisi, this valuable collection will be of interest to scholars, practitioners and academics with an interest in this diverse and interdisciplinary field. Table of ContentsContents: Acknowledgements Introduction Lisa Bernstein and Francesco Parisi PART I CUSTOMARY LAW: HISTORICAL ILLUSTRATIONS 1. Bruce L. Benson (1989), ‘The Spontaneous Evolution of Commercial Law’ 2. Emily Kadens (2012), ‘The Myth of the Customary Law Merchant’ 3. Leon E. Trakman (1983), ‘The Medieval Law Merchant’ 4. Daniel Klerman (2009), ‘The Emergence of English Commercial Law: Analysis Inspired by the Ottoman Experience’ 5. Avner Greif, Paul Milgrom and Barry R. Weingast (1994), ‘Coordination, Commitment, and Enforcement: The Case of the Merchant Guild’ 6. Paul R. Milgrom, Douglass C. North and Barry R. Weingast (1990), ‘The Role of Institutions in the Revival of Trade: The Law Merchant, Private Judges, and the Champagne Fairs’ PART II COMMERCIAL CUSTOMARY LAW: CONTEMPORARY ILLUSTRATIONS 7. Janet T. Landa (1981), ‘A Theory of the Ethnically Homogeneous Middleman Group: An Institutional Alternative to Contract Law’ 8. Lisa Bernstein (1992), ‘Opting out of the Legal System: Extralegal Contractual Relations in the Diamond Industry’ 9. Lisa Bernstein (1996), ‘Merchant Law in a Merchant Court: Rethinking the Code’s Search for Immanent Business Norms’ 10. Eric A. Feldman (2006), ‘The Tuna Court: Law and Norms in the World’s Premier Fish Market’ 11. Robert D. Cooter (1994), ‘Structural Adjudication and the New Law Merchant: A Model of Decentralized Law’ 12. Lisa Bernstein (2001), ‘The Questionable Empirical Basis of Article 2’s Incorporation Strategy: A Preliminary Study’ 13. Robert C. Ellickson (1989), ‘A Hypothesis of Wealth-Maximizing Norms: Evidence from the Whaling Industry’ PART III INTERNATIONAL CUSTOMARY LAW 14. Eric A. Posner and Alan O. Sykes (2013), ‘Customary International Law’ 15. Jack L. Goldsmith and Eric A. Posner (1999), ‘A Theory of Customary International Law’ 16. Jack L. Goldsmith and Eric A. Posner (2000), ‘Understanding the Resemblance Between Modern and Traditional Customary International Law’ 17. Eugene Kontorovich (2006), ‘Inefficient Customs in International Law’ 18. Vincy Fon and Francesco Parisi (2009), ‘Stability and Change In International Customary Law’ 19. Curtis A. Bradley and Mitu Gulati (2009), ‘Withdrawing from International Custom’ 20. Francesco Parisi and Vincy Fon (2009), ‘Customary Law and Articulation Theories’

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Book SynopsisFor years, the pendulum between competition law and regulation used to be at full swing between ex ante and ex post intervention. The oscillation now is shorter and the two edges more intertwined. This highly topical edited volume includes contributions at the 8th ASCOLA conference from eminent experts in the field, practitioners and academics. The contributors and the editors have succeeded in producing a coherent, thought-provoking, cutting-edge analysis of an area of law that is continuously changing.'- Ioannis Kokkoris, Queen Mary University London, UKTo what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation.By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets.Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.Contributors: E. Arezzo, A. Ayal, M. Botta, F. Caronna, F. Di Porto, M.S. Gal, T. Indig, K. Kowalik-Banczyk, B. Lundqvist, M. Maggiolino, N. Rangone, M. Siragusa, Y. Svetiev, A. Svetlicinii, T. Takigawa, R.H. WeberTrade Review‘For years, the pendulum between competition law and regulation used to be at full swing between ex ante and ex post intervention. The oscillation now is shorter and the two edges more intertwined. This highly topical edited volume includes contributions at the 8th ASCOLA conference from eminent experts in the field, practitioners and academics. The contributors and the editors have succeeded in producing a coherent, thought-provoking, cutting-edge analysis of an area of law that is continuously changing.’ -- Ioannis Kokkoris, Queen Mary University London, UKTable of ContentsContents: PART I FOUNDATIONS OF THE COMPLEX RELATIONSHIP OF COMPETITION LAW AND REGULATION 1. The Regulatory Breakthrough of Competition Law: Definitions and Worries Mariateresa Maggiolino 2. Anti-Anti Regulation: The Supplanting of Industry Regulators with Competition Agencies and how Antitrust Suffers as a Result Adi Ayal 3. (Re-)Joining The Regulatory Fold? Problem-Solving Innovations in Competition Enforcement Yane Svetiev PART II NEW FORMS OF ADVOCY POWERS OF COMPETITION AGENCIES 4. New Powers - New Vulnerabilities? A Critical Analysis of Market Inquiries Performed by Competition Authorities Tamar Indig and Michal S. Gal 5. New Frontiers for Competition Advocacy and the Potential Role of Competition Impact Assessment Nicoletta Rangone PART III COMPETITION LAW ENFORCEMENT IN REGULATED INDUSTRIES IN GENERAL 6. A Reassessment of the Relationship Between Competition Law and Sector-Specific Regulation Mario Siragusa and Fausto Caronna 7. Regulatory Approach to Competition Law in the Practice of the Polish Competition Authority – A Critical Assessment Krystyna Kowalik-Bańczyk 8. Enforcement of Competition Rules in Regulated Industries: Abuse-of-dominance Practices in the New EU Member States, Candidate Countries and Potential Candidates Alexandr Svetlicinii and Marco Botta PART IV INFORMATION AND TELECOMMUNICATION MARKETS 9. From Competition Law to Sector-Specific Regulation in Internet Markets? A Critical Assessment of a Possible Structural Change Rolf H. Weber 10. The Regulatory Approach in Competition Law Enforcement for Innovation-Intensive Industries: The Case of Broadband Access Regulation in Japan Toshiaki Takigawa 11. Abuses of Information and Informational Remedies: Rethinking Exchange of Information under Competition Law Fabiana Di Porto PART V COMPETITION LAW AS REGULATION IN IP-RELATED MARKETS 12. Competition Law as an Instrument of IP Regulation? The Case of Strategic Patent Filings Emanuela Arezzo 13. Competition Law as the Limit to Standard-Setting Björn Lundqvist Index

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Book SynopsisIt is rare to find an analysis as clear-sighted of the energy market regulation in Europe taking into account legal, regulatory and (geo-)political aspects. Congratulations to this contribution to the debate about regulating energy markets in the future.'- Herwig C. H. Hofmann, Professor of European and Transnational Public LawLaw and Policy of the European Gas Market examines the regulatory and competitive choices of institutions and bodies operating within the EU gas market, with a view to achieving a higher level of market integration. Offering an in-depth analysis of the design, structure and functioning of the EU gas market, the book considers the most recent European legal developments associated with this market and places them in their respective geopolitical context.This timely book contributes to the discussion surrounding the concurrent application of competition law and regulation on the EU gas market. It also provides a unique critique of the way in which competition law is used, mainly through the European Commission's so-called 'commitments practice', while looking at consumer protection and the effects of such practice on third-country transmission system operators.This book provides a unique reassessment of the role played by sector-specific regulation in achieving gas market integration and will therefore prove a valuable resource for gas market participants, policy makers and lawyers in the field. It will also be of great use to students, academics and researchers interested in the latest legislative reform of the EU gas market or 'the Third Energy Package'.Contents: 1. Introduction 2. The specifics of the EU gas market 3. Setting of relationships with natural gas producers 4. EU gas market structure 5. Defining and assessing the current EU gas market design 6. Integration of the EU gar market through administrative bodies 7. Conclusion Bibliography Annex I: Legislation applicable to the EU gas market Annex II: Case Law IndexTrade Review'Addressing institutions and laws for European gas market integration, Waloszyk's work is a very useful study of a complex energy sub-market. It offers a transparent, systematic ordering of actors and interests – suppliers, distributors, consumers, the EU, Member States, non-EU states – and covers energy relations, market design, and regulatory choice. Her mainly legal focus incorporates diverse policy, (geo-)political and economic reflections in a solid, thoughtful, interesting, highly readable treatment, valuable to many actors in this area of EU policy.' -- Gerard C. Rowe, Europa-Universitaet Viadrina, Germany‘It is rare to find an analysis as clear-sighted of the energy market regulation in Europe taking into account legal, regulatory and (geo-)political aspects. Congratulations to this contribution to the debate about regulating energy markets in the future.’ -- Herwig C. H. Hofmann, Professor of European and Transnational Public Law‘Overall, the book presents valuable insights into the EU gas market and its continuous progression towards complete integration. Waloszyk’s holistic approach and her well-informed critique engages with the topic well and makes her work highly relevant to both academia and industry.’ -- Alexander Wilk, Utilities Law ReviewTable of ContentsContents: 1. Introduction 2. The specifics of the EU gas market 3. Setting of relationships with natural gas producers 4. EU gas market structure 5. Defining and assessing the current EU gas market design 6. Integration of the EU gar market through administrative bodies 7. Conclusion Bibliography Annex I: Legislation applicable to the EU gas market Annex II: Case Law Index

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Book SynopsisDr Jedlicková offers a fresh and much-needed insight on the law of resale price maintenance. She presents a sophisticated analysis of the relevant legislation and case law within a wider socio-economic contextual approach in which the very 'justice' of the various possible approaches is discussed. Competition lawyers, competition economists, and policy-makers will find arguments here that challenge assumptions, and analysis which is robust and pertinent. This is a valuable contribution to our understanding of resale price maintenance in particular, and vertical restraints in general.'- Mark Furse, University of Glasgow, UKTheoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences.The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition.Scholars and students of law will find the book's depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.Trade Review‘Dr Jedlicková offers a fresh and much-needed insight on the law of resale price maintenance. She presents a sophisticated analysis of the relevant legislation and case law within a wider socio-economic contextual approach in which the very ‘justice’ of the various possible approaches is discussed. Competition lawyers, competition economists, and policy-makers will find arguments here that challenge assumptions, and analysis which is robust and pertinent. This is a valuable contribution to our understanding of resale price maintenance in particular, and vertical restraints in general.’ -- Mark Furse, University of Glasgow, UKTable of ContentsContents: 1. Introduction 2. Distribution and Competition 3. US Development, Case Studies and Summaries 4. EU Development, Case Studies and Summaries 5. Theories and Impacts of RPM and VTR on Competition 6. Jurisprudential Arguments and the Economic Concept of RPM and VTR 7. Conclusion Bibliography Index

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Book Synopsis'The contributions in this collection comprehensively review key issues concerning the respective roles of national and EU courts in enforcing competition and state aid law, and the relationship between court and arbitration proceedings in those fields. This groundbreaking work provides a stimulating and up-to-date analysis of the EU's decentralized enforcement system and I strongly recommend it to both scholars and practitioners. It will assist them in promoting the proper application of competition law in that institutionally complex and multi-level environment.'- Judge José Luís da Cruz Vilaça, The Court of Justice of the European Union, LuxembourgWith courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence.Featuring a range of scholarly contributions, the essays address topics including the 2014 EU 'Damages Directive', now in force and being implemented; the EU's tepid reception of the 'collective redress' concept; a range of issues concerning state aid law; the arbitrability of competition law issues, as well as many other matters related to arbitration in this context such as judicial review of arbitral awards from a competition law perspective, and the interplay between arbitral proceedings and competition agency investigations.With its wide coverage, this book serves as a valuable resource for any reader working on EU competition law, whether for the purpose of teaching or studying the law, or of practicing in this field as a lawyer, public official, judge or arbitrator.Contributors: A. Adinolfi, L. Bergamini, G. Biagioni, G. Blanke, R. Cisotta, D. Gallo, E. Gambaro, A. Geulette, S. Keske, M. Marquis, F. Munari, R. Nazzini, L.F. Pace, K. Peci, S. Peyer, M. SiragusaTrade Review'This is a comprehensive compendium of perceptive and insightful articles by highly experienced lawyers, arbitrators and academics. The most important issues arising in connection with arbitration, litigation and EU competition law are explored from both practical and theoretical perspectives. The Commission's Antitrust Damages Directive and the movement toward collective actions and multiple jurisdictional enforcement are analyzed, as well as timely questions about evidence and judicial review. The legally and politically complex subject of state aids is brilliantly treated. Finally, issues arising when EU competition law comes before arbitrators are discussed in great depth by seasoned participants in international arbitration.' --Barry Hawk, Fordham University, US'Overall this book marks a significant addition to the burgeoning private enforcement literature, but it is in its focus on arbitration that it is novel, important and particularly enlightening, emphasizing in particular the increasing role of arbitration in the competition law enforcement architecture. The book is a contemporary account of the ever-widening scope and context of EU private enforcement and is recommended reading for anyone interested in the interplay between national legal procedural systems, enforcement of EU (competition law) rights and the role of the Commission and Court of Justice of in facilitating and harmonizing their effective enforcement.' --Professor Barry J. Rodger, World Competition'Academics and practitioners, judges and arbitrators alike, will find this compendium of scholarly research an invaluable addition to the existing research materials currently available on the often vexed issues, past and present that have emerged in the field of EU competition law.' --Phillip and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: LITIGATION AND ARBITRATION IN EU COMPETITION LAW Roberto Cisotta and Mel Marquis PART I PRIVATE ANTITRUST ENFORCEMENT AND JUDICIAL COHERENCE IN EUROPE 1. The Antitrust Damages Directive – Much Ado About Nothing? Sebastian Peyer 2. Collective Redress – (Too) Great Expectations? Sonja Keske 3. Judicial Dialogues and Uniformity in the Multi-level Application of EU Competition Law Adelina Adinolfi PART II LITIGATING ANTITRUST AND STATE AID ISSUES BEFORE THE COURTS OF THE EUROPEAN UNION AND THE COURTS OF THE MEMBER STATES Section 1 Antitrust 4. Evaluation of Evidence by the European Courts in Competition Cases Alexandre Geulette 5. The Evolution of the ‘Full Jurisdiction’ of the Union Courts in Article 101 and 102 Matters Renato Nazzini 6. Dura lex sed lex: The Parent-Subsidiary Relationship in EU Antitrust Law and the AEG Telefunken Presumption – Independence of the EU Legal System, Effectiveness of Competition law and Protection of Fundamental Rights Lorenzo F. Pace 7. Judicial Assessment of Anticompetitive Behaviour in Italy Francesco Munari Section 2 State aid 8. Services of General Economic Interest and State Aid in EU Law: The Challenges for the Court of Justice after the ‘Almunia Package’ Daniele Gallo 9. Locus Standi of Natural and Legal Persons before the European Courts in State Aid Cases Edoardo Gambaro, 10. State Aid Cases before National Judges Mario Siragusa and Kostandin Peci PART III EU COMPETITION LAW BEFORE ARBITRATORS 11. Some Considerations on Arbitrability of Competition Law Disputes and Powers and Duties of Arbitrators in Applying EU Competition Law Roberto Cisotta 12. The Interaction between Arbitration and Public Enforcement: Clash or Harmony? Gordon Blanke 13. Review by National Courts of Arbitral Awards Dealing with EU Competition Law Giacomo Biagioni 14. Analysis of Recent Competition Cases Decided by Arbitrators Laura Bergamini Index

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Book SynopsisDue to disagreement between policymakers and innovation economists, antitrust agencies have been rather confused over when and how to use competition law in reference to research and development (R&D) joint ventures and collaborations. This important book dissects the antitrust treatment, in the USA and under EU law, of joint R&D ventures from the 1970s to the present day. It provides a comprehensive analysis of the modifications and amendments made to legal acts and guidelines. It also looks at the slow shift in the scant case law detected both under the antitrust laws of the USA and the competition rules of the EU.Björn Lundqvist demonstrates that the prevailing antitrust policies towards R&D collaborations are very similar in the USA and the EU, and that they both mirror a lenient attitude towards collaboration between competitors. Nonetheless, ultimately, the book shows that a more stringent attitude from the antitrust establishment can be discerned, and that the concept of the innovation market could possibly soon have a revival.This fascinating book caters to both researchers and practitioners in competition law and economics. The easy-to-follow chart and boxes will be particularly useful for practitioners when setting up R&D joint ventures.Table of ContentsContents: 1. Introduction 2. Innovation Economics 3. Research and Development Agreements under US Antitrust Law and EC Competition Rules 4. Innovation Policy to be Implemented Index

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Book SynopsisThe issue of competition law's role in relation to state-owned enterprises is at the center of many discussions of competition law today, especially in regard to China, but in numerous other countries as well. Often the issue is oversimplified as one of mere opposition between state-owned enterprises and the objectives of competition law. That opposition exists, but the issues are often far more complex, and they involve fundamental current developments in the relationship between government and the economy. This book is masterful in identifying the range of issues involved and in analyzing the experiences and tensions in this relationship. It has a broad range, and several of the contributions are exceptionally insightful. All are very useful.'- David Gerber, Illinois Institue of Technology, US'This book is an important and most welcome contribution to the study of state-initiated restraints on competition. It gathers together leading academics in order to recognize and suggest tools to ensure that such restraints do not restrict competition in a way which reduces welfare. Accordingly, the book provides important insights on how to identify such restraints in different settings, some of which are intentional and well recognized and some of which are not. It then suggests principled approaches to reduce such restraints, based, inter alia, on case studies from around the world, including Australia, India, the EU, the US and Brazil. It is highly recommended for anyone interested in the role states play in creating restraints on competition.'- Michal S. Gal, University of Haifa, IsraelThis new book addresses important current problems and challenges arising from a large variety of state-initiated restraints. Beyond state-owned enterprises, rules on government procurement and the control of state subsidies, the contributions also analyze forms of regulation that either distort competition or manage to introduce competition in the market.The contributions of leading competition law scholars cover state-initiated restraints of competition in many jurisdictions, including the US, the EU, Australia, and Asian and Latin American countries.Competition and trade law scholars will find this book both relevant and insightful. Regulators and competition agencies, representatives of international organizations and competition law practitioners will also find this to be an invaluable resource of information from which they can take new inspiration.Contributors: A. Barrionuevo, G. Bercovici, L. Bettencourt Nunes, S. Chakravarthy, T.K. Cheng, C. Curiel Leidenz, J. Drexl, P. Dutra, D. Healey, T. Jaeger, M.M. Leitão Marques, G. Oliveira, R.J.R. Peritz, S. Vezzoso, T. Zuñiga FernándezTrade Review‘The issue of competition law's role in relation to state-owned enterprises is at the center of many discussions of competition law today, especially in regard to China, but in numerous other countries as well. Often the issue is oversimplified as one of mere opposition between state-owned enterprises and the objectives of competition law. That opposition exists, but the issues are often far more complex, and they involve fundamental current developments in the relationship between government and the economy. This book is masterful in identifying the range of issues involved and in analyzing the experiences and tensions in this relationship. It has a broad range, and several of the contributions are exceptionally insightful. All are very useful.’ -- David Gerber, Illinois Institue of Technology, US‘This book is an important and most welcome contribution to the study of state-initiated restraints on competition. It gathers together leading academics in order to recognize and suggest tools to ensure that such restraints do not restrict competition in a way which reduces welfare. Accordingly, the book provides important insights on how to identify such restraints in different settings, some of which are intentional and well recognized and some of which are not. It then suggests principled approaches to reduce such restraints, based, inter alia, on case studies from around the world, including Australia, India, the EU, the US and Brazil. It is highly recommended for anyone interested in the role states play in creating restraints on competition.’ -- Michal S. Gal, University of Haifa, IsraelTable of ContentsContents: Preface PART I STATE-OWNED ENTERPRISES 1. Competitive Neutrality: Addressing Government Advantage in Australian Markets Deborah Healey 2. Petrobràs: State Monopoly and Competition Policy Gilberto Bercovici 3. The Principle of Subsidiarity as the Essential Restriction on Peruvian State Business Activity under Pro-Competitive Conditions Tania Zuñiga Fernández 4. The Competition Dimension of the European Regulation of Public Sector Information and the Concept of an Undertaking Josef Drexl PART II PRO-COMPETITIVE REGULATION 5. Deepening the Freedom of Services Through Pro-Competitive Regulation: The Case of the EU Services Directive Maria Manuel Leitão Marques and Leonor Bettencourt Nunes 6. Abuse of Administrative Monopoly in China Thomas K. Cheng 7. The Competition Policy Dimension of the Regulation of Water and Sanitation Services in Brazil Gesner Oliveira 8. Pro-Competitive Regulation of Personal Data Protection in the EU Simonetta Vezzoso PART II ANTI-COMPETITIVE MARKET INTERVENTION AND REGULATION 9. The Suppression of the Competition Policy Agenda in the Context of an Over-Regulated Economy: The Case of Venezuela Claudia Curiel Leidenz 10. Competition and the Imposition of Investment Targets in the Brazilian Pay-TV Market Arthur Barrionuevo and Pedro Dutra 11. Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated Competition Rudolph J.R. Peritz PART IV PUBLIC PROCUREMENT AND STATE SUBSIDIES 12. Benefits of Competition Policy in Public Procurement with Special Reference to India S. Chakravarthy 13. Distinguishing State and Private Subsidies: A Closer,Look at the State Character Test Thomas Jaeger INDEX

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Book SynopsisThis timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics - from smartphone wars to fashion design and from synthetic biology to digital content - this book greatly advances our understanding of open and collaborative innovation.'- Peter K. Yu, Drake University Law School, USInnovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. WestedTrade Review‘This timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics – from smartphone wars to fashion design and from synthetic biology to digital content – this book greatly advances our understanding of open and collaborative innovation.’ -- Peter K. Yu, Drake University Law School, USTable of ContentsContents: INTRODUCTION Exclusion and Inclusion: The Role of IP Laws in a Shared Knowledge Environment Dana Beldiman PART I THE INTERSECTION OF STANDARDS, FRAND AND COMPETITION LAW 1. Coopetition: The Role of IPRs Gustavo Ghidini and Andrea Stazi 2. FRAND, Hold-up and Hold-out Thomas Vinje 3. Standardization, IPRs and Open Innovation in Synthetic Biology Timo Minssen and Jakob B. Wested PART II PRIVATE ORDERING IN A SHARED KNOWLEDGE ENVIRONMENT 4. Openness in Trademark Law: A Viable Paradigm? Annette Kur 5. Managing the Risks of Intellectual Property Interdependence in the Age of Open Innovation Jacques de Werra 6. Expressive Dimensions of Design: A Question of Incentive? Dana Beldiman PART III ALLOWING FOR CREATIVE SPACE TOWARDS AN OPEN ENVIRONMENT 7. A Positive Status for the Public Domain Séverine Dusollier 8. Why Protecting Internet Service Providers From Liability For Users' Copyright Infringement Has Been A Policy Success Michael W. Carroll 9. Exhaustion of Rights: A Concept for the Digital World? Ansgar Ohly Index

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Book SynopsisThe fundamental goal of competition law is to support productivity and innovativeness; in fact, the short-term effect of enforcement actions is often a reduction in product prices. This comprehensive book reports the findings of consumer market studies into a range of goods and services in developing countries in Africa, Asia and Latin America.These country case studies demonstrate the important role that competition authorities can have in assessing the nature of markets and making recommendations to policymakers to improve them. When competition is weak or compromised, extra costs are imposed on consumers. The authors investigate this issue for a wide range of key markets serving consumers individually or collectively, looking also at the hinterland of the distribution chain behind retail sales. They find a pervasive lack of competition in those markets, which not only softens the incentives on firms to improve the efficiency of their operations and the quality of their products, but also reduces the standard of living of consumers, including poor and vulnerable groups. This book concludes by noting the follow-up actions taken in each country in response to the research recommendations.Graduate students of economics, political science and law will find this book invaluable for its practical case studies, and analysts will find much interest in the nuanced analysis of markets, policy interventions and reform options. Emminently practical, Competition Policies and Consumer Welfare is an ideal resource for competition practitioners and policymakers seeking to improve current competition regimes.Trade Review'This excellent study is a useful and interesting analysis of how competition works at ground level for basic products in poorer countries. As such, it is both a good read and an important contribution to an under researched area.' --Allan Fels, University of Melbourne, AustraliaTable of ContentsContents: 1. Introduction Lahcen Achy and Susan Joekes Section I THE DISTRIBUTION OF FOODSTUFFS 2. An assessment of anticompetitive conduct in the supermarkets sector in Costa Rica Randall Arce Alvarado, Donald Miranda Montes and Guillermo Zúñiga Arias 3. The consumer goods distribution sector in Armenia Karine Poladyan 4. The market in cereals in Mali Oumar Idriss Berthe, Massa Coulibaly, Salifou B. Diarra and Martin Sidibe 5. Production and distribution in the beef, poultry and milk sectors in Zambia Thulasoni Kaira, Samuel Bwalya, Wesley S. Kalapula and Florence Banda Muleya Section II THE DISTRIBUTION OF PHARMACEUTICALS 6. The distribution of pharmaceuticals in Jamaica Kevin Harriott 7. The pharmaceuticals sector in Vietnam Que Anh Pham and Tran Phuong Lan Section III THE DISTRIBUTION OF SERVICES: INTERNATIONAL MONEY TRANSFERS AND TV PROGRAMMES 8. International money transfer services in Uzbekistan Golib Kholjigitov 9. TV distribution services in Argentina Germán Coloma, Federico Bekerman, Cecilia Castets and Marcelo D’Amore Section IV PUBLIC PROCUREMENT 10. Public procurement in India Nitya Nanda, Shiju M.V. and Gaurang Meher Diljun 11. Public procurement in Morocco Lahcen Achy and Susan Joekes Index

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Book SynopsisHow substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.Such issues are reviewed by expert contributors in Europe and around the globe. Special attention is paid to certain rights including the right to be heard, the right to defence, the right to protection of business secrets and the right to judicial review. The overarching structure of the book proposes an agenda for the solution of procedural fairness within competition proceedings for the future.This astute work will be a useful point of reference for scholars, practitioners and policy makers alike, who will benefit from the critical insight into how best to attain procedural fairness in the enforcement of competition law.Contributors: A. Arena, C. Beaton-Wells, M. Bernatt, M. Botta, M. De Benedetto, G. Di Federico, A. Foer, C.A. Jones, K. Kowalik-Banczyk, F. Marcos, P. Nihoul, P.J. Pipková, A. Sanchez Graells, T. Skoczny, A. Svetlicinii, L. Tichý, P. Van Cleynenbreugel, D. ZimmerTrade Review‘This book definitely makes an interesting and useful contribution for academic discussion and provides food for thought for law-makers.’ -- European Competition Law Review‘The book contains a varied and thought-provoking set of contributions very useful to the debate on the topic of striking the right balance between effectiveness of competition law enforcement and right to due process. The book is also of great interest to practitioners for the wealth of references to cases and legal arguments used before courts to challenge the fairness of competition law proceedings.’ -- The Competition Law Observatory‘Overall the book is well structured, containing considerable detail and analysis that is supported by case law. It covers a variety of procedural fairness issues in several different contexts both domestically and at an international competition law level. . . it provides some fresh insight for practitioners, researchers and policy makers alike and is a useful window into an area of competition law that deserves attention.' -- Competition and Consumer Law JournalTable of ContentsContents : Preface Paul Nihoul and Tadeusz Skoczny PART I FAIRNESS AND EFFECTIVENESS IN ANTITRUST PROCEEDINGS 1. Substance and Process in Competition Law and Enforcement. Why We Should Care If It’s Not Fair Caron Beaton-Wells 2. Effectiveness through Fairness? ‘Due Process’ as an Institutional Precondition for Effective Decentralised EU Competition Law Enforcement Pieter Van Cleynenbreugel 3. ‘Human Rights’ Protection for Corporate Antitrust Defendants: Are We Not Going Overboard? Albert Sanchez Graells and Francisco Marcos 4. The Emergence of a WTO Antitrust Jurisprudence through Cross-fertilisation from other International Antitrust Institutions: The Case for Procedural Fairness as a Necessary Precondition Amedeo Arena PART II RIGHT TO DEFENSE AND RIGHT TO BE HEARD 5. Competition Enforcement: A Look at Inspections Maria De Benedetto 6. The Role of the Hearing Officer in Antitrust Cases. A Critical Assessment of the New Mandate and Practice after 2011 Giacomo Di Federico 7. An Elusive Convergence – Rights of Defence in Competition Matters in the Jurisprudence of the CJEU Krystyna Kowalik-Bańczyk 8. Into the Parallel Universe: Procedural Fairness in Private Litigation after the Damages Directive Clifford A. Jones 9. Fairness in State Aid Procedure: A Contribution to the Debate on the Right to Participate Luboš Tichý and Petra Joanna Pipková PART III RIGHT TO JUDICIAL REVIEW 10. Competition Law Enforcement: Administrative versus Judicial Systems Daniel Zimmer 11. The Fairness Debate in the US Albert Foer 12. The Right of Fair Trial in Competition Law Proceedings; Quo vadis the Courts of the New EU Member States? Marco Botta and Alexandr Svetlicinii 13. Deferential Standard of Judicial Review in the light of Article 6 of the ECHR Maciej Bernatt Discussion Report (CARS) Index

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Book SynopsisThis timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate. Expert contributions from both scholars and practitioners provide insight into the complex development of competition law in the region taking into account the growing number of competition law models, changing views on law convergence, enforcement practice and the progression of economic thought. Chapters highlight and explore the special features of these laws as a result, as well as draw conclusions on the perceptions of competition law in different ASEAN member states. Academics in law, economics and public policy with an interest in competition law, both in Asia and more broadly, will find this Research Handbook's insights invaluable. Legal practitioners and policy makers will also find its examination of the major issues in the competition law of the region useful. Contributors include: A.C.M. Chen, T.K. Cheng, M.F. Cheong, Y.S. Choi, A.M. Ditucalan, D. Fruitman, J.O. Haley, S. Hayashi, S. Hongvichit, E.L.E. Khoo, L.H. Luu, X. Ma, B. Ong, M. Songkheang, J.B.C. Teoh, S. Thanitcul, S. Van Uytsel, S.Y. Wahyuningtyas, X. Wang, K. WuTrade Review'This is an important book that brings together many top Asian competition law researchers to identify cutting edge issues in Asian competition law. It offers a critical and nuanced view of the complexities of competition law in the region.' --D. Daniel Sokol, University of Florida Levin College of Law, USTable of ContentsContents: Preface Introduction to the Research Handbook on Asian Competition Law xiii Steven Van Uytsel, Shuya Hayashi and John O. Haley PART I COMPETITION LAW IN ASIA: BACKGROUND PERSPECTIVES 1 Adopting competition law in Asia: an increasingly complex reality 2 Steven Van Uytsel 2 The proliferation of competition law in Asia: from forced adoption to an integration project 25 Steven Van Uytsel PART II EARLY ASIAN COMPETITION LAWS AND THEIR CONTINUOUS SEARCH FOR THEIR IDENTITY: JAPAN, TAIWAN AND KOREA 3 The Japanese competition law in its own way: a historical review of the AMA and its characteristics 44 Shuya Hayashi, Kunlin Wu and Xiaoyu Ma 4 The evolution of fair and free competition law in the Republic of Korea 65 Yo Sop Choi 5 Political, economic and legal driving forces shaping the developmental contours of competition law: the experience of Taiwan 81 Andy C.M. Chen PART III ASIAN COMPETITION LAWS AT A CROSSROAD: INDONESIA, THAILAND AND VIETNAM 6 Indonesian competition law: up for renewal 100 Sih Yuliana Wahyuningtyas 7 Competition law in Thailand: in transition to an operational law 118 Sakda Thanitcul 8 Vietnam’s competition law adoption: from passive to active 134 Ly Huong Luu PART IV EUROPEAN COMPETITION LAW AS THE MAIN SOURCE OF INSPIRATION: SINGAPORE, HONG KONG, MALAYSIA AND CHINA 9 Competition law in Singapore: the first decade 151 Burton Ong 10 Hong Kong competition law and legal transplant 168 Thomas K. Cheng 11 Legal transplant: giving life to Malaysia’s competition regime 181 May Fong Cheong, Joshua Beni Chris Teoh and Esther Li Ean Khoo 12 Retrospective and prospects of China’s Anti-Monopoly Law 209 Xiaoye Wang PART V A FUSION OF DIFFERENT COMPETITION LAW MODELS: THE PHILIPPINES, LAOS, MYANMAR AND CAMBODIA 13 The Philippine competition law dilemma: US–EU fusion to tension? 233 Alizedney M. Ditucalan 14 Competition law in Laos: evaluating its potential for effective enforcement 281 Steven Van Uytsel and Somsack Hongvichit 15 A legal transplant made unnecessarily complex: the Myanmar Competition Law 303 Steven Van Uytsel 16 The journey to the Cambodian competition law 321 David Fruitman and Meng Songkheang Index 337

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Book SynopsisThis book provides a systematic analysis of the law and practice of EU competition/antitrust law and trade regulation in the pharmaceutical sector. Authored by leading private practitioners, economists, scholars and high-profile competition enforcers, this work provides valuable insider knowledge on the application of competition law and policies to the pharmaceutical industry. Key features include: Extensive commentary on the legislation and the latest case law and administrative precedents in the pharmaceutical sector, at both EU and national level Coverage of various key developments including the recent pay-for-delay antitrust investigations, the perennial issues around parallel trade, and an examination of mergers among pharmaceutical companies and medical devices manufacturers In-depth analysis of topics commonly raised in the pharmaceutical sector including: pricing policies, IP life-cycle management, IP licensing and horizontal cooperation agreements Key economic and business perspectives to accompany legal analysis, providing the reader with a rounded view of the subject matter. This book will be a useful resource for lawyers and in-house counsel active in the pharmaceutical sector. The information and analysis provided will prepare readers to take on cases and drive the antitrust review of transactions and agreements within the industry. Researchers, economists and civil servants with an interest in competition law and trade regulation can also benefit from the practical insights provided therein.Trade Review'Impressive and comprehensive. Any practitioner, policy maker or corporate counsel with in an interest in the pharmaceutical industry will find in this book a full overview of the competition and trade issues facing the sector, both from a legal and economic perspective, and covering all the major economies in the world.' --Gunnar Niels, Oxera Consulting LLP, UKTable of ContentsContents: 1. Competition Law and Pharma: An Economic Perspective Benoît Durand 2. Reverse Payments: an EU and U.S. Perspective Frank Maier-Rigaud, Nathan Blalock and Oliver Gannon 3. Article 101 TFEU: Horizontal Cooperation Agreements in the Pharmaceutical Sector Soledad Blanco Thomas, Lilia Luchianov and Thomas Weck 4. The Competitive Assessment of IP Licensing Agreements in the Pharmaceutical Sector Pierre Moullet 5. Article 102 TFEU: Patent filings as an abuse of dominant position after “AstraZeneca”: the patent / antitrust interface under a new perspective Francisco Hernández 6. Mergers in the Pharmaceutical Sector Pablo Figueroa and Alejandro Guerrero 7. Mergers in the Medical Devices Sector Jan Heithecker 8. Antitrust Practices in Pharmaceutical Public Procurement Antonio Minho López 9. EU Trade Law and Pharmaceuticals Pascale Hecker 10. The Pharmaceutical Sector and Parallel Trade Edurne Navarro Varona and Cristina Caballero 11. Free Movement and Competition in the European Market for Pharmaceuticals Pedro Caro de Sousa 12. IP Law and Pharmaceuticals: Patents and Supplementary Protection Certificates in the Pharmaceutical Sector Rais Amils 13. The EU Regulatory Framework for Medical Products for Human Use Marc Martens and Nicolas Carbonnelle 14. Antitrust and the Pharmaceutical Industry in the United States George A. Hay 15. UK Competition and Trade in the Pharma Sector Paula Riedel 16. Competition law and Pharma: China Andrew Foster 17. Competition Law and Pharma: Spain Helmut Brokelmann and Mariarosaria Ganino 18. The Application of Competition Law in the Pharmaceutical Sector: Challenges for BRICS Maria Ioannidou and Ioannis Kokkoris 19. Product Hopping: The U.S. Approach Michael A. Carrier 20. Marketing data in the Pharmaceutical Sector: a competition law consideration Pedro Callol Index

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Book SynopsisFor academics, regulators and policymakers alike, it is crucial to measure financial sector competition by means of reliable, well-established methods. However, this is easier said than done. This comprehensive Handbook provides a collection of state-of-the-art chapters to address this issue. Using the latest empirical results from around the world, expert contributors offer a thorough assessment of the quality and reliability of the prevalent measures of competition in banking and finance. The Handbook consists of four parts, the first of which discusses the characteristics of various measures of financial sector competition. The second part includes several empirical studies on the level of, and trends in, competition across countries. The third part deals with the spillovers of market power to other sectors and the economy as a whole. Finally, the fourth part considers competition in banking submarkets and subsectors. This Handbook is an essential resource for students and researchers interested in competition, regulation, banking and finance. Politicians, policymakers and regulators will also benefit from the thorough explanation of the need for anti-trust regulation and identification of the most reliable competition measures.Contributors include: A.N. Berger, J.A. Bikker, W. Bolt, J. Bos, Y.L. Chan, P. Coccorese, M.D. Delis, J. Fernández de Guevara, Z. Fungácová, R. Gropp, I. Hasan, J.P. Hughes, D. Humphrey, L.F. Klapper, S. Kleimeier, C. Kok, S. Kokas, J.W. Kolari, M. Lamers, L. Liu, J. Maudos, L.J. Mester, C.-G. Moon, N. Mylonidis, S. Ongena, B. Overvest, V. Purice, R.J. Rosen, H. Sander, S. Shaffer, L. Spierdijk, D. Titotto, R. Turk-Ariss, G.F. Udell, L. Weill, J. Yuan, M. ZaourasTrade Review‘Bank competition and financial stability are inherent elements of economic growth. This book makes an invaluable contribution to an in depth understanding of this reality.’ -- MFSA NewsletterTable of ContentsContents: Part I. Measurement of financial-sector competition 1. Market power: competition among measures Sherrill Shaffer and Laura Spierdijk 2. The Panzar–Rosse revenue test and market power in banking: an empirical illustration Sherrill Shaffer and Laura Spierdijk 3. Adapting conjectural variations methods to banking competition Bastiaan Overvest 4. Bank risk and competition: the other side of the story Laura Spierdijk and Michalis Zaouras 5. Banking competition, concentration and critical mass: why the Herfindahl–Hirschman Index is a biased competition measure Jaap W.B. Bos, Yee Ling Chan, James W. Kolari and Jiang Yuan Part II. Empirical results on competition in banking and insurance 6. Global developments in banking competition Martien Lamers and Victoria Purice 7. Competition in the European banking markets in the aftermath of the financial crisis Juan Fernández de Guevara and Joaquín Maudos 8. Banking competition in China Zuzana Fungáčová and Laurent Weill 9. Performance of the life insurance industry under pressure: efficiency, competition, and consolidation Jacob A. Bikker Part III. Spill-overs of financial-sector competition 10. Bank competition and financial stability Allen N. Berger, Leora F. Klapper and Rima Turk-Ariss 11. Measuring agency costs and the value of investment opportunities of U. S. bank holding companies with stochastic frontier estimation Joseph P. Hughes, Loretta J. Mester and Choon‐Geol Moon 12. Banking competition and economic growth Paolo Coccorese 13. Shadow banking and competition: decomposing market power by activity Daniele Titotto and Steven Ongena 14. Banking competition and interest rate pass-through Stephanie Kleimeier and Harald Sander Part IV. Competition in banking submarkets and subsectors 15. SME business loans Richard J. Rosen and Gregory F. Udell 16. Competition and price conduct by bank service line Wilko Bolt and David Humphrey 17. Competition and contestability in bank retail markets Reint Gropp and Christoffer Kok 18. Bank market power and loan growth Manthos D. Delis, Iftekhar Hasan, Sotirios Kokas, Liuling Liu and Nikolaos Mylonidis Index

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Book SynopsisFor academics, regulators and policymakers alike, it is crucial to measure financial sector competition by means of reliable, well-established methods. However, this is easier said than done. This comprehensive Handbook provides a collection of state-of-the-art chapters to address this issue. Using the latest empirical results from around the world, expert contributors offer a thorough assessment of the quality and reliability of the prevalent measures of competition in banking and finance. The Handbook consists of four parts, the first of which discusses the characteristics of various measures of financial sector competition. The second part includes several empirical studies on the level of, and trends in, competition across countries. The third part deals with the spillovers of market power to other sectors and the economy as a whole. Finally, the fourth part considers competition in banking submarkets and subsectors. This Handbook is an essential resource for students and researchers interested in competition, regulation, banking and finance. Politicians, policymakers and regulators will also benefit from the thorough explanation of the need for anti-trust regulation and identification of the most reliable competition measures.Contributors include: A.N. Berger, J.A. Bikker, W. Bolt, J. Bos, Y.L. Chan, P. Coccorese, M.D. Delis, J. Fernández de Guevara, Z. Fungácová, R. Gropp, I. Hasan, J.P. Hughes, D. Humphrey, L.F. Klapper, S. Kleimeier, C. Kok, S. Kokas, J.W. Kolari, M. Lamers, L. Liu, J. Maudos, L.J. Mester, C.-G. Moon, N. Mylonidis, S. Ongena, B. Overvest, V. Purice, R.J. Rosen, H. Sander, S. Shaffer, L. Spierdijk, D. Titotto, R. Turk-Ariss, G.F. Udell, L. Weill, J. Yuan, M. ZaourasTrade Review‘Bank competition and financial stability are inherent elements of economic growth. This book makes an invaluable contribution to an in depth understanding of this reality.’ -- MFSA NewsletterTable of ContentsContents: Part I. Measurement of financial-sector competition 1. Market power: competition among measures Sherrill Shaffer and Laura Spierdijk 2. The Panzar–Rosse revenue test and market power in banking: an empirical illustration Sherrill Shaffer and Laura Spierdijk 3. Adapting conjectural variations methods to banking competition Bastiaan Overvest 4. Bank risk and competition: the other side of the story Laura Spierdijk and Michalis Zaouras 5. Banking competition, concentration and critical mass: why the Herfindahl–Hirschman Index is a biased competition measure Jaap W.B. Bos, Yee Ling Chan, James W. Kolari and Jiang Yuan Part II. Empirical results on competition in banking and insurance 6. Global developments in banking competition Martien Lamers and Victoria Purice 7. Competition in the European banking markets in the aftermath of the financial crisis Juan Fernández de Guevara and Joaquín Maudos 8. Banking competition in China Zuzana Fungáčová and Laurent Weill 9. Performance of the life insurance industry under pressure: efficiency, competition, and consolidation Jacob A. Bikker Part III. Spill-overs of financial-sector competition 10. Bank competition and financial stability Allen N. Berger, Leora F. Klapper and Rima Turk-Ariss 11. Measuring agency costs and the value of investment opportunities of U. S. bank holding companies with stochastic frontier estimation Joseph P. Hughes, Loretta J. Mester and Choon‐Geol Moon 12. Banking competition and economic growth Paolo Coccorese 13. Shadow banking and competition: decomposing market power by activity Daniele Titotto and Steven Ongena 14. Banking competition and interest rate pass-through Stephanie Kleimeier and Harald Sander Part IV. Competition in banking submarkets and subsectors 15. SME business loans Richard J. Rosen and Gregory F. Udell 16. Competition and price conduct by bank service line Wilko Bolt and David Humphrey 17. Competition and contestability in bank retail markets Reint Gropp and Christoffer Kok 18. Bank market power and loan growth Manthos D. Delis, Iftekhar Hasan, Sotirios Kokas, Liuling Liu and Nikolaos Mylonidis Index

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Book SynopsisThis important research review identifies leading articles covering the breadth of comparative competition law. The review addresses the theories behind competition, the issues surrounding the abuse of dominance or monopolization and the vertical restraints of trade, as well as cartels, non-cartels and mergers along with an insight into practice and procedures. Researchers will find the text, and selected articles, to be an invaluable window into scholarly and professional reflection on this diverse subject.Trade Review‘This collection of articles edited by Professor Susan Beth Farmer offers a wide range of specialist comparative studies of EU competition law and US antitrust law. In a world increasingly influenced by the two legal models, this access to an in depth analysis of specific components of almost the entire field of competition policy is a valuable and exceptional addition to the literature.’ -- Steven Anderman, Emeritus Professor of Law, University of Essex, UKTable of ContentsContents: Volume I Acknowledgements viii Introduction: Comparative Competition Policy – an Anthology of Recent Articles Susan Beth Farmer xi PART I COMPETITION THEORY 1. Inara Scott (2016), ‘Antitrust and Socially Responsible Collaboration: A Chilling Combination?’, American Business Law Journal, 53 (1), Spring, 97–144 2 2. D. Daniel Sokol (2015), ‘Tensions between Antitrust and Industrial Policy’, George Mason Law Review, 22 (5), 1247–68 50 3. Harry First and Eleanor M. Fox (2015), ‘Philadelphia National Bank, Globalization, and the Public Interest’, Antitrust Law Journal, 80 (2), 307–51 72 4. Mel Marquis (2015), ‘Idea Merchants and Paradigm Peddlers in Global Antitrust’, Pacific McGeorge Global Business and Development Law Journal, 28, 155–208 117 5. John Temple Lang (2014), ‘After Fifty Years – What is Needed for a Unified European Competition Policy?’, 21st St. Gallen International Competition Law Forum ICF, May, 1–54 171 6. Paul Nihoul (2012), ‘Freedom of Choice: The Emergence of a Powerful Concept in European Competition Law’, Concurrences Review, 3, 55–70 225 7. Abbott B. Lipsky, Jr. (2009), ‘Managing Antitrust Compliance through the Continuing Surge in Global Enforcement’, Antitrust Law Journal, 75 (3), 965–95 241 8. Susan Beth Farmer (2007), ‘Global Competition Implications for Enforcement’, in Larry Catá Baker (ed.), Harmonizing Law in an Era of Globalization: Convergence, Divergence, and Resistance, Chapter 9, Durham, NC, USA: Carolina Academic Press, 185–216 272 9. Oliver Budzinski (2008), ‘Monoculture versus Diversity in Competition Economics’, Cambridge Journal of Economics, 32 (2), March, 295–324 304 10. Spencer Weber Waller (1994), ‘Neo-Realism and the International Harmonization of Law: Lessons from Antitrust’, Kansas Law Review, 42 (3), Spring, 557–604 334 PART II ABUSE OF DOMINANCE/MONOPOLIZATION 11. Niklas Horstmann, Jan Krämer and Daniel Schnurr (2018), ‘Number Effects and Tacit Collusion in Experimental Oligopolies’, Journal of Industrial Economics, 66 (3), September, 650–700 383 12. Christian Bergqvist (2017), ‘Where Do We Stand on Discounts? – A Danish Perspective’, in Where Do We Stand on Discounts? A Nordic Perspective, Chapter 2, Copenhagen, Denmark: Ex Tuto Publishing, 53–113 434 13. Yong Huang, Elizabeth Xiao-Ru Wang and Roger Xin Zhang (2015), ‘Essential Facilities Doctrine and Its Application in Intellectual Property Space under China’s Anti-Monopoly Law’, George Mason Law Review, 22 (5), 1103–26 495 14. Eleanor M. Fox (2014), ‘Monopolization and Abuse of Dominance: Why Europe is Different’, Antitrust Bulletin, 59 (1), Spring, 129–52 519 15. Michal S. Gal (2013), ‘Abuse of Dominance – Exploitative Abuses’, in Ioannis Lianos and Damien Geradin (eds), Handbook on European Competition Law: Substantive Aspects, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 385–422 543 16. David J. Gerber (2010), ‘Convergence in the Treatment of Dominant Firm Conduct: The United States, the European Union, and the Institutional Embeddedness of Economics’, Antitrust Law Journal, 76 (3), 951–73 581 17. Michal S. Gal and A. Jorge Padilla (2010), ‘The Follower Phenomenon: Implications for the Design of Monopolization Rules in a Global Economy’, Antitrust Law Journal, 76 (3), 899–928 604 18. Avishalom Tor (2010), ‘Unilateral, Anticompetitive Acquisitions of Dominance or Monopoly Power’, Antitrust Law Journal, 76 (3), 847–72 634 19. Ariel Ezrachi and David Gilo (2008), ‘Are Excessive Prices Really Self-Correcting?’, Journal of Competition Law and Economics, 5 (2), 249–68 660 20. A. Neil Campbell and J. William Rowley (2008), ‘The Internationalization of Unilateral Conduct Laws – Conflict, Comity, Cooperation and/or Convergence?’, Antitrust Law Journal, 75 (2), 267–351 680 21. Michal S. Gal (2007), ‘The “Cut and Paste” of Article 82 of the EU Treaty in Israel: Conditions for a Successful Transplant’, European Journal of Law Reform, 9 (3), 467–84 765 PART III VERTICAL RESTRAINTS OF TRADE 22. Wouter P. J. Wils (2014), ‘The Judgment of the EU General Court in Intel and the So-Called More Economic Approach to Abuse of Dominance’, World Competition, 37 (4), 405–34 784 23. Damien Geradin (2015), ‘Loyalty Rebates after Intel: Time for the European Court of Justice to Overrule Hoffman-La Roche’, Journal of Competition Law and Economics, 11 (3), September, 579–615 814 24. Damien Geradin and Caio Mario da Silva Pereira Neto (2013), ‘For a Rigorous “Effects-Based” Analysis of Vertical Restraints Adopted by Dominant Firms: A Comparison of EU and Brazilian Competition Law’, Competition Policy International, 9 (1), Spring, 1–16 851 25. Vincent Verouden (2003), ‘Vertical Agreements and Article 81 (1) EC: The Evolving Role of Economic Analysis’, Antitrust Law Journal, 71 (2), 525–75 867 Index Volume II Acknowledgements viii Introduction An introduction to both volumes by the editor appears in Volume I PART I CARTELS 1. Wouter P. J. Wils (2016), ‘The Use of Leniency in EU Cartel Enforcement: An Assessment after Twenty Years’, World Competition, 39 (3), 327–88 2 2. John M. Connor (2015), ‘The Rise of ROW Anti-Cartel Enforcement’, CPI Antitrust Chronicle, 1, September, 1–11 64 3. Joseph E. Harrington Jr., Kai Hüschelrath, Ulrich Laitenberger and Florian Smuda (2015), ‘The Discontent Cartel Member and Cartel Collapse: The Case of the German Cement Cartel’, International Journal of Industrial Organization, 42, September, 106–19 75 4. Wouter P. J. Wils (2012), ‘Recidivism in EU Antitrust Enforcement: A Legal and Economic Analysis’, World Competition, 35 (1), 5–26 89 5. Amedeo Arena (2011), ‘Game Theory as a Yardstick for Antitrust Leniency Policy: The US, EU, and Italian Experiences in a Comparative Perspective’, Global Jurist, 11 (1), March, 1–13 111 6. Michal S. Gal (2010), ‘Free Movement of Judgments: Increasing Deterrence of International Cartels through Jurisdictional Reliance’, Virginia Journal of International Law, 51 (1), 57–94 126 7. Julian M. Joshua, Peter D. Camesasca and Youngjin Jung (2008), ‘Extradition and Mutual Legal Assistance Treaties: Cartel Enforcement’s Global Reach’, Antitrust Law Journal, 75 (2), 353–97 164 8. Margaret Levenstein and Valerie Y. Suslow (2004), ‘Contemporary International Cartels and Developing Countries: Economic Effects and Implications for Competition Policy’, Antitrust Law Journal, 71 (3), 801–52 209 9. Barbara J. Alexander (2003), ‘The Impact of Exchange Rate Levels and Changes on International Cartels: Implications for Liability and Overcharges’, Antitrust Law Journal, 70 (3), 819–46 261 10. William E. Kovacic (2000), ‘Lessons of Competition Policy Reform in Transition Economies for U.S. Antitrust Policy’, St. John’s Law Review, 74 (2), Spring, 361–405 289 PART II HORIZONTAL NON-CARTEL AGREEMENTS 11. Thomas K. Cheng (2017), ‘The Meaning of Restriction of Competition under the Monopolistic Agreements Provisions of the PRC Anti-Monopoly Law’, World Competition, 40 (2), 323–54 335 12. Björn Lundqvist (2015), ‘Competition Law as the Limit to Standard-Setting’, in Josef Drexl and Fabiana di Porto (eds), Competition Law as Regulation, Chapter 13, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 365–95 367 PART III MERGERS 13. Joseph A. Clougherty, Tomaso Duso, Miyu Lee and Jo Seldeslachts (2016), ‘Effective European Antitrust: Does EC Merger Policy Generate Deterrence?’, Economic Inquiry, 54 (4), October, 1884–903 399 14. David Reader (2016), ‘Accommodating Public Interest Considerations in Domestic Merger Control: Empirical Insights’, Working Paper, 1–80 419 15. Fei Deng and Su Sun (2015), ‘The Role of Economics in Chinese Merger Appraisal’, Journal of Antitrust Enforcement, 3 (1), 92–107 500 16. Anca D. Chirita (2016), ‘Procedural Rights in EU Administrative Competition Proceedings: Ex Ante Mergers’, in Caroline Cauffman and Qian Hao (eds), Procedural Rights in Competition Law in the EU and China, Berlin and Heidelberg, Germany: Springer-Verlag, 59–99 516 17. Antonio Capobianco, John Davies and Sean F. Ennis (2016), ‘Implications of Globalisation for Competition Policy: The Need for International Cooperation in Merger and Cartel Enforcement’, E15 Expert Group on Competition Policy and the Trade System: Think Piece, Geneva, Switzerland: International Centre for Trade and Sustainable Development and Cologny and Geneva, Switzerland: World Economic Forum, January, i–v, 1–20 557 18. William E. Kovacic, Petros C. Mavroidis and Damien J. Neven (2014), ‘Merger Control Procedures and Institutions: A Comparison of the EU and US Practice’, European University Institute, Robert Schuman Centre for Advanced Studies: Global Governance Programme – 84, Working Paper No. 2014/20, 1–30 583 19. Alison Jones and John Davies (2014), ‘Merger Control and the Public Interest: Balancing EU and National Law in the Protectionist Debate’, European Competition Journal, 10 (3), December, 453–97 614 20. D. Daniel Sokol (2013), ‘Merger Control under China’s Anti- Monopoly Law’, New York University Journal of Law and Business, 10 (1), Fall, 1–36 659 21. Michal S. Gal (2012), ‘Merger Policy for Small and Micro Jurisdictions’, in Konkurrensverket: Swedish Competition Authority (eds), More Pros and Cons of Merger Control, Chapter 3, Stockholm, Sweden: Swedish Competition Authority, 61–124 695 22. Ariel Ezrachi (2006), ‘Merger Control and Cross-Border Transactions: A Pragmatic View on Cooperation, Convergence and What is in between’, in Philip Marsden (ed.), Handbook of Research in Trans-Atlantic Antitrust, Chapter 24, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 622–40 759 23. Eleanor M. Fox (2002), ‘U.S. and European Merger Policy – Fault Lines and Bridges: Mergers that Create Incentives for Exclusionary Practices’, George Mason Law Review, 10 (3), 471–88 778 24. Eleanor M. Fox (2002), ‘Mergers in Global Markets: GE/Honeywell and the Future of Merger Control’, University of Pennsylvania Journal of International Economic Law, 23 (3), Fall, 457–68 796 PART IV COMPETITION PRACTICE AND PROCEDURES 25. Michal S. Gal and Thomas K. Cheng (2016), ‘Aggregate Concentration: A Study of Competition Law Solutions’, Journal of Antitrust Enforcement, 4 (2), October, 282–322 809 26. Alison Jones (2016), ‘Private Enforcement of EU Competition Law: A Comparison with, and Lessons from, the US’, in Maria Bergström, Marios Iacovides and Magnus Strand (eds), Harmonising EU Competition Litigation: The New Directive and Beyond, Part I, Chapter 2, Oxford, UK and Portland, OR, USA: Hart Publishing, 15–41 850 27. Anca D. Chirita (2015), ‘The Judicial Review of the European Union Industrial Cartels’, Zeitschrift für Europarechtliche Studien, 18 (4), 407–41 877 28. Edward D. Cavanagh (2010), ‘The Private Antitrust Remedy: Lessons from the American Experience’, Loyola University Chicago Law Journal, 41 (3), Spring, 629–49 912 29. Bruce Wardhaugh (2014), ‘Bogeymen, Lunatics and Fanatics: Collective Actions and the Private Enforcement of European Competition Law’, Legal Studies, 34 (1), 1–23 933 Index

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Book SynopsisIncreasingly, EU market regulation measures have been introduced in the pursuit of economic justice and welfare. This book illustrates how regulation can help to prevent the abuse of dominance, in particular the abuse of public capital by the state. Comprehensive and interdisciplinary, this book presents the theory of regulation in a highly accessible manner. It explains that whilst the state's ability to make major investments, compete with the private sector and target subsidies may be necessary in supporting infrastructure, the wasteful allocation of public monies can also do immense harm by crowding out private investments, distorting private incentives, and helping to foreclose markets. Against this background, Christian Koenig and Bernhard Von Wendland discuss the strengths and weaknesses of EU regulation in the area of competition in the Internal Market, considering both private and public economic activities and market interventions and providing further analysis in light of global competitive pressures. Contemporary and practical, this book will appeal to academics, students and practitioners interested in regulation both in and outside of the EU. Decision-makers, lawmakers and politicians will also benefit from its strong focus on better law making and regulation in order to promote social welfare.Table of ContentsContents: 1. Why Regulation? 2. Where Are We Coming From? 3. Tempering the Tyranny of Market Powers 4. The Public Cause of Exploitation 5. The Art of Steering Public Resources towards the Common Interest – the Supranational Approach 6. The Art of Sector-Specific Regulation in the Internal Market 7. The Dilemma of Regulation – Global Competitiveness vs Integrity of the Internal Market 8. Where We are Going to… Epilogue The European Cause after the British Referendum Bibliography Index

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Book SynopsisGranting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become 'abusive' under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by 'dominant' firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level. Employing a range of case studies, this illuminating book adds a cross-country perspective to the ongoing debate surrounding the scope of application of Article 102 of the TFEU; a debate largely caused by its ambiguous wording. Besides analyzing the case law of the EU Courts and EU Commission that determine what conduct falls in the 'abuse' box, a number of chapters examine the active contribution of national courts and competition authorities in the ongoing process of shaping the meaning of this legal provision. Astute and discerning, this book will appeal to academics and researchers in the areas of EU competition law and policy. Its practical examples will also prove beneficial to practitioners and national competition authorities.Contributors include: M. Botta, R. Karova, M. Marquis, G. Monti, P.L. Parcu, P.A. Perinetto, F. Schuhmacher, H. Schweitzer, M. Siragusa, M.L. Stasi, R. WhishTrade Review'An analysis of emerging trends in the application of abuse of dominance provisions is an ambitious endeavour, which the authors of this volume have remarkably achieved. Among the trends identified are an increased focus by courts on the intention to harm competition, new types of abuses and decentralization. These trends shape the authors' analysis of the divergent manners in which Article 102 (and/or national equivalents) are interpreted and applied both at EU and national levels. Including a thorough study of recent national cases, this book's comparative approach will provide relevant insight to the entire competition law world. I strongly endorse this book and congratulate the authors on their successful contributions.' --(Hein Hobbelen, Freshfields Bruckhaus Deringer, Belgium)Table of ContentsContents: Foreword 1. Introduction Pier Luigi Parcu, Giorgio Monti and Marco Botta 2. The role of intent in the assessment of conducts under Article 102 TFEU Pier Luigi Parcu and Maria Luisa Stasi 3. Article 102: Sources of Interpretation Giorgio Monti 4. Article 102 TFEU in the UK: Victims of Abuse Go Directly to Court Richard Whish 5. Standard-essential patents and abusive patent injunctions – the interplay between German courts and the CJEU Heike Schweitzer 6. Finding of dominance in Austria and Germany – What is the proper role of presumptions of dominance? Florian Schuhmacher 7. Italy - New forms of abuse of dominance and abuse of law Mario Siragusa 8. Abuse of dominance in regulated sectors in Italy: recent enforcement trends Patrick Actis Perinetto and Mel Marquis 9. Sanctioning excessive energy prices as abuse of dominance; Are the EU Commission and the National Competition Authorities on the same frequency? Rozeta Karova and Marco Botta Index

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Book SynopsisThis comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development. A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law. Taking a forward-thinking perspective, the Handbook also analyses the challenges to the assessment methodology of anticompetitive conduct that are posed by the growth of the digital environment and changing views on economic approaches. This Handbook's detailed analytical and comparative approach to economics and competition law will be valuable for academics and students of these subjects. Its focus on policy and key case studies from across the globe will also be beneficial for legal practitioners and competition regulators.Table of ContentsContents: PART I THE OBJECTS AND ECONOMICS OF COMPETITION LAW 1 Competition law in flux: established and emerging approaches to methodology 2 Deborah Healey and Rhonda L. Smith 2 The ambit of competition law: comments on its goals 12 Deborah Healey 3 The cost of progress: hurdles facing antitrust’s economic advance 38 Alan Devlin 4 The relevance of economics in US, EU and Australian competition law 57 Geoff Edwards and Jennifer Fish 5 The use of economics in competition law enforcement in mainland China and Hong Kong 89 Lin Ping and Yan Yu PART II THE CONTENT OF THE LAW 6 Cartel prohibition and the search for deterrent penalties: the United States, the European Union, Australia and China compared 116 Mark Williams 7 Algorithm-driven collusive conduct 138 Rob Nicholls 8 Vertical agreements under EU competition law: proposals for pushing Article 101 analysis, and the modernization process, to a logical conclusion 167 Miguel de la Mano and Alison Jones 9 Unilateral conduct analysis: focus on harm in multiple guises 204 Rhonda L. Smith and Deborah Healey 10 Mergers 228 Rhonda L. Smith 11 Competition law in Japan, Malaysia and the Philippines: an overview 254 Mel Marquis 12 Building an efficient system of protection of competition in Serbia on its path to the EU 275 Dragan Penezic and Zoran Soljaga 13 Merger review updates in Latin America 295 Fernando Furlan PART III PARTICULAR ISSUES 14 The interface between intellectual property rights and competition law: implications for public health in sub-Saharan Africa 313 Mor Bakhoum 15 Pay for delay in perspective: the impact of adversarial and inquisitorial legalism on pharmaceutical antitrust enforcement 337 Sven Gallasch 16 The Australian approach to third party infrastructure access under Part IIIA of the Competition and Consumer Act 2010 366 Alice Muhlebach PART IV ENFORCEMENT 17 The EU method of antitrust enforcement 392 Andreas Stephan 18 Cartel enforcement: critical reflections from the South African experience 415 Simon Roberts 19 Procedure and substance in China’s merger control regime 437 Wang Xiaoye and Adrian Emch PART V COMPETITION POLICY AND OTHER ISSUES 20 An effective way to keep power in an institutional cage: legislation and regulation of administrative monopoly 453 Xu Shiying 21 Competition advocacy: a broader perspective 472 Allan Fels and Wendy Ng 22 Export cartels in times of populist protectionism: challenges and options for young and small competition agencies 490 Pierre M. Horna and Leonila P. Papa 23 Complementarities and tensions between competition and trade law and policy 508 Hassan Qaqaya Index

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Book SynopsisOne of the major shortcomings of the current drug discovery and development process is the inability to bridge the gap between early stage discoveries and pre-clinical research to advance innovations beyond the discovery phase. This book examines a novel drug discovery and development model where the respective expertise of academia and industry are brought together to take promising discoveries through to proof of concept as a way to de-risk the drug discovery and development process.Expert author Helen Yu explores integrated drug discovery by analyzing the intersection of intellectual property law and competition law and discusses the role of stakeholders in efficient translation and commercialization of publically funded research. Considering the transactional risks associated with drug discovery and development, this book advocates for a greater emphasis on contractual freedom and economic efficiency when assessing collaborative partnerships between industry and public research organizations. This standout book bridges the gap between theoretical research and legal practice by providing a research-based applied perspective on university-industry collaborations in drug discovery and development.Achieving Proof of Concept in Drug Discovery and Development has an international appeal, especially in countries actively involved in drug discovery and development, such as the United States, the United Kingdom, Switzerland, Germany, Japan, India and China. Organizations and associations in the drug discovery and development field would likely be interested in reading a book that provides a research-based applied perspective as well.Trade Review'Drug discovery and development has become a complex and expensive multi-institutional commitment. Making integrated innovation models work requires competition regimes accommodating the highly specific challenges of pharmaceutical research. This original and meticulously researched book forces us to radically rethink the role of competition law in promoting innovation making it essential reading for R&D managers, regulators, practitioners, health economists and legal scholars.' --Graham Dutfield, University of Leeds, UK'This book provides a thoughtful and comprehensive analysis of the role of competition law in collaborative agreements leading to drug discovery and development. It makes an important contribution to the debate and is highly recommended.' --Duncan Matthews, Queen Mary University of London, UKTable of ContentsContents: Acknowledgements Table of cases Table of legislation PART I. LANDSCAPE OF DRUG DISCOVERY AND DEVELOPMENT 1. Introduction 2. The Pharmaceutical Industry and Drug Development Models 3. Intellectual Property Rights and Competition Law in Collaborative Drug Development Between Industry and Integrated Drug Discovery Organizations PART II. ANALYSIS AND APPLICATION OF EU COMPETITON LAW TO THE INTEGRATED DRUG DISCOVERY MODEL 4. Application of Competition Law to the Integrated Drug Discovery Model: Research and Development Block Exemption Regulation 5. Application of Competition Law to the Integrated Drug Discovery Model: Technology Transfer Block Exemption Regulation PART III. CASE STUDY: AGREEMENTS BETWEEN INDUSTRY AND INTEGRATED DRUG DISCOVERY ORGANIZATIONS 6. Analysis of Collaboration Agreements between Integrated Drug Discovery Organizations and Industry PART IV. CONCLUSION 7. Conclusion and Implications Bibliography Index

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Book SynopsisThis fully updated second edition of European Competition Law: A Case Commentary explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The selection is based on the interpretative value of the extracts and is limited to the essentials in order to clearly demonstrate how competition rules have been interpreted by the European Commission and the courts. The extracts originate primarily from the decisions of the European Commission and judgments of the Court of Justice of the European Union and the European Court of Human Rights. Key features include:• Updated extracts from newly arisen cases and documents on EU competition law• Article-by-article overview of EU competition law jurisprudence • Unique structure enabling users to quickly locate decisions and judgments on all relevant procedural and substantive aspects of EU competition law• Concise and judiciously selected extracts from the judgments in the most important and most instructive cases• A nuanced view of competition law rules provided through the use of extracts rather than author analysis, giving practitioners a more contextual insight• Greater number of case extracts than other books, giving a more complete picture of the way rules translate into European jurisprudence. This unique book is designed for everyday use by practitioners and academics who wish to better understand how competition rules are interpreted in practice, and as a starting point for legal analysis. The book also serves as a handy resource on the exact wording of the essential elements of the most important cases. It will appeal not only to practitioners and academics, but also to all competition authorities in Europe.Contributors: J. Derenne, G. van Heezik, M. Johnsson, K. Metzlaff, E. Oude Elferink, A. Pliego Selie, H. Speyart, P.StauberTrade ReviewAcclaim for the first edition:'This book explains European Union competition law in detail, not by means of learned commentary by expert authors, but by actual quotes from relevant passages chosen and extracted from the massive body of EU jurisprudence. In adopting this virtually unique approach, the two editors, together with nine other contributors, have produced rather a prodigious feat of scholarly research here. . . If you are involved professionally in advising on any aspect of EU competition law, this book should definitely be in your professional library.' --The Barrister Magazine'This book is unique. It does not contain any text from the authors themselves, but the story of EU competition law is entirely told through a smart selection of quotes from the Commission and EU courts. This approach is extremely valuable. The article by article categorization and the extensive index ensure that influential cases are found quickly and easily. This book should be on the desk of every competition authority official and practitioner.' --Alexander Italianer, Director-General for Competition, European Commission, Belgium'A remarkable work; for each article of the relevant legislation - covering not only the core competition provisions but also State aid and the Charter on Fundamental Rights - the editors have extracted relevant passages from the mass of EU jurisprudence and then presented them in a structured fashion that is easy to navigate. This book will provide an invaluable tool for the busy practitioner - and for judges too.' --Sir Peter Roth, President, UK Competition Appeal TribunalTable of ContentsContents: Preface PART 1 TREATY ON EUROPEAN UNION (TEU), TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (TFEU) AND REGULATIONS Section 1 Treaty on European Union (TEU) 1. Article 3 TEU – Objectives of the Union 2. Article 4 TEU – Relations between the Union and the Member States; Principles of Subsidiarity, Equality and Sincere Co-operation 3. Article 6 TEU – The Charter and the ECHR Section 2 Treaty on the Functioning of the European Union (TFEU) 4. Article 101 TFEU – Cartel Prohibition 5. Article 102 TFEU – Abuse of Dominance 6. Article 103 TFEU – Regulation Regarding the Application of Arts 101 and 102 7. Article 104 TFEU – Competence of Authorities in Member States 8. Article 105 TFEU – Application of Arts 101 and 102 by the Commission 9. Article 106 TFEU – Public Undertakings 10. Article 107 TFEU – General Rule: Prohibition of Aid 11. Article 108 TFEU – Procedure before the Commission: Notification of Aid 12. Article 109 TFEU – Determination of Regulations Regarding the Application of Arts 107 and 108 Section 3 The Regulations 13. Regulation (EC) No 1/2003 on the Implementation of the Rules on Competition 14. Regulation (EC) No 139/2004 on the Control of Concentrations Between Undertakings 15. Regulation (EU) No 330/2010 on Vertical Agreements 16. Regulation (EU) No 461/2010 on Vertical Agreements in the Motor Vehicles Sector 17. Regulation (EU) No 1308/2013 Establishing a Common Organisation of the Markets in Agricultural Products and Repealing Council Regulations PART 2 EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR) AND CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION (CHARTER) Section 1 European Convention on Human Rights 18. Article 1 ECHR – Obligation to Respect Human Rights Section 2 Charter of Fundamental Rights of the European Union 19. Article 7 Charter – Respect for Private and Family Life 20. Article 16 Charter – Freedom to Conduct a Business 21. Article 17(1) Charter – Right to Property 22. Article 20 Charter – Equality before the Law 23. Article 41 Charter – Right to Good Administration 24. Article 47 Charter – Right to an Effective Remedy and to an Impartial Tribunal 25. Article 48 Charter – Presumption of Innocence and Rights of the Defence 26. Article 49 Charter – Principles of Legality and Proportionality of Criminal Offences and Penalties 27. Article 50 Charter – Right not to be Tried or Punished Twice in Criminal Proceedings for the Same Criminal Offence 28. Article 51 Charter – Field of Application 29. Article 52 Charter – Scope and Interpretation of Rights and Principles 30. Article 53 Charter – Level of Protection Index

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Book SynopsisDoes the competitive process constitute an autonomous societal value, or is it a means for achieving more reliable and measurable goals such as welfare, growth, integration, and innovation? This insightful book addresses this question from philosophical, legal and economic perspectives and demonstrates exactly why the competitive process is a value independent from other legitimate antitrust goals. Oles Andriychuk consolidates the normative theories surrounding freedom, market and competition by assessing their effective use within the matrix of EU competition policy. He outlines the broader context of the phenomenon of competition such as its pivotal role in the electoral system and its implications for free speech, and then goes on to investigate its relationship with the proponents of various antitrust-related goals. Further to this, some relevant solutions to persistent regulatory problems of antitrust are discussed. Timely and thought provoking, this book will be of interest to both students and scholars of European competition law, as well as those who are curious about its philosophical foundations. Offering deep insights into the nature of the competitive process, it will also appeal to judges and politicians weighing up antitrust goals.Trade Review'This book should be compulsory reading for antitrust policy makers and many others. If it has not already attained the status as an exceptional work then it surely will. It ought be recognised as making a significant and lasting contribution to our understanding of the policy underpinnings of antitrust and its place in democratic governance.'' -- Ray Steinwall, Competition and Consumer Law Journal'This book is not like other books on competition law. It ploughs its own furrow in the ''field'' of competition law and policy, sowing seeds of legal and political theory and philosophy. The resulting furrow makes the reader think (or, perhaps, re-think) about the proper role of economics within competition law and how and why the competitive process should be protected.' -- David Bailey, Common Market Law Review'This is a bold and insightful book. It analyses old debates but from new angles and with new insights. Some believe that the issues have been resolved, but the author shows that dealing effectively with fundamental questions as they relate to changing circumstances remains a key element in shaping the future of competition law.' -- David J. Gerber, Illinois Institute of Technology, USTable of ContentsContents: 1. Introduction 2. The Evolution Of The Economic Concept Of Competition 3. Doctrinal Foundations Of Competition Law 4. The Normative Value Of Competition 5. The Mechanics Of Balancing 6. The Legal Theoretical Aspects Of Competition 7. Practical Conclusion Index

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Book SynopsisOffering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches. The book provides thorough coverage including the definition of market power, the use of horizontal and vertical restrictions, mergers and the unilateral conduct of dominant firms. It also includes discussion of problems relating to the enforcement of legal prohibitions, which will be of particular interest to practitioners and regulators. With analysis of leading cases of EU competition law, US antitrust law and insightful case studies of competition laws in BRIC countries, this book succinctly highlights the key information and goes further to discuss the many issues relating to the use of economic analysis. Key Features: uses economic insights to help students understand the context in which the rules of competition law are applied systematically compares EU competition law and US antitrust law, with discussion of leading cases, in order to understand how the underlying principles work in practice clear presentation, including boxes highlighting key case studies, ensures information on the competition laws of various BRIC countries is easily accessible the comparative approach and use of international case studies make this an ideal textbook for students in any jurisdiction. Trade Review'The role of economic analysis in defining the sense of antitrust rules. The convergence between the US and the EU and their enduring differences. The competition laws recently adopted in other continents. Wherever you are in the world, you will find in this book everything you wanted to know about antitrust.' --Giuliano Amato, Judge of the Italian Constitutional Court, Former Prime Minister'Comparative Competition Law and Economics is a tour de force. It offers a fully integrated analysis of US and EU competition law and economics. The legal and economic analyses are up-to-date, comprehensive, provocative and yet readable. It deserves a spot on your bookshelf.' --Daniel Rubinfeld, New York University, School of Law and University of California, Berkeley, US'This is an excellent and truly interdisciplinary textbook on competition law and economics, in which students learn both the most important economic insights and the legal rules in a clear and comprehensible way. Particularly valuable is the comparative perspective in regard to EU competition law, US antitrust law, and other new competition laws in the world.' --Wolfgang Kerber, Marburg University, GermanyTable of ContentsContents: 1. Introduction 2. Economic approaches to competition law 3. The goals of competition law 4. Market power, market definition and entry barriers 5. Horizontal Restrictions 6. Vertical Restrictions 7. Unilateral conduct of dominant firms 8. Enforcement 9. Merger Control Index

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Book SynopsisOffering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches. The book provides thorough coverage including the definition of market power, the use of horizontal and vertical restrictions, mergers and the unilateral conduct of dominant firms. It also includes discussion of problems relating to the enforcement of legal prohibitions, which will be of particular interest to practitioners and regulators. With analysis of leading cases of EU competition law, US antitrust law and insightful case studies of competition laws in BRIC countries, this book succinctly highlights the key information and goes further to discuss the many issues relating to the use of economic analysis. Key Features: uses economic insights to help students understand the context in which the rules of competition law are applied systematically compares EU competition law and US antitrust law, with discussion of leading cases, in order to understand how the underlying principles work in practice clear presentation, including boxes highlighting key case studies, ensures information on the competition laws of various BRIC countries is easily accessible the comparative approach and use of international case studies make this an ideal textbook for students in any jurisdiction. Trade Review'The role of economic analysis in defining the sense of antitrust rules. The convergence between the US and the EU and their enduring differences. The competition laws recently adopted in other continents. Wherever you are in the world, you will find in this book everything you wanted to know about antitrust.' --Giuliano Amato, Judge of the Italian Constitutional Court, Former Prime Minister'Comparative Competition Law and Economics is a tour de force. It offers a fully integrated analysis of US and EU competition law and economics. The legal and economic analyses are up-to-date, comprehensive, provocative and yet readable. It deserves a spot on your bookshelf.' --Daniel Rubinfeld, New York University, School of Law and University of California, Berkeley, US'This is an excellent and truly interdisciplinary textbook on competition law and economics, in which students learn both the most important economic insights and the legal rules in a clear and comprehensible way. Particularly valuable is the comparative perspective in regard to EU competition law, US antitrust law, and other new competition laws in the world.' --Wolfgang Kerber, Marburg University, GermanyTable of ContentsContents: 1. Introduction 2. Economic approaches to competition law 3. The goals of competition law 4. Market power, market definition and entry barriers 5. Horizontal Restrictions 6. Vertical Restrictions 7. Unilateral conduct of dominant firms 8. Enforcement 9. Merger Control Index

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Book SynopsisDuring the past decade, the use of private enforcement within competition law has gradually increased throughout Europe but major differences still exist among Member States. By harmonizing a number of procedural rules, the implementation of the Damages Directive has established a level playing field among EU Member States. This book represents the first assessment of the implementation of the Damages Directive at the national level.The contributors explore the topic from a cross-cutting perspective as well as via a set of country case studies. Each chapter focuses on a number of procedural aspects harmonized by the Directive, and analyses the impact of the Directive by taking into consideration the national jurisprudence and the existing legal framework at the national level. By using a comparative lens, this timely book thus provides an up-to-date account of the emerging trends in private enforcement of competition law in Europe.Perceptive and engaging, this book will appeal to students and researchers in EU competition law and policy. Practitioners and national competition authorities will also find it informative and beneficial.Contributors include: M. Botta, P. Burke, J. M. González, C. Krüger, J. Maillo, P.L. Parcu, S. Peyer, A.R. Pisarkiewicz, M.A. Rossi, T. Schreiber, S. Solidoro, S.V. WalleTrade Review'This new volume represents one of the first critical analyses of the new era of private antitrust enforcement in the Member States post the EU Damages Directive. The contributions do not just refer to the national jurisprudential and legislative developments but also critically and synthetically evaluate the EU Directive following an ex post assessment approach, based on real cases. They document breakthroughs but also persisting problems and offer the readers a good glimpse of what the new generation issues will be.' --Assimakis Komninos, White & Case LLP, Belgium and University College London, UKTable of ContentsContents: Preface 1. Introduction Pier Luigi Parcu, Giorgio Monti, Marco Botta 2. Practical Challenges for Cross-Border Follow-On Actions Till Schreiber, Carsten Krüger and Pádraic Burke 3. Liability issues not codified by the Damages Directive: how to fill such gaps? Giorgio Monti 4. The Role of Economics in EU Private Antitrust Enforcement: Theoretical Framework, Empirical Methods and Practical Issues Pier Luigi Parcu, Maria Alessandra Rossi 5. Private antitrust enforcement in England and Wales after the EU Damages Directive: Where are we heading? Sebastian Peyer 6. Private enforcement of antitrust law in Belgium and the Netherlands – is there a race to attract antitrust damages actions? Simon Vande Walle 7. Antitrust Damages Claims in Spain: Before and After the Damages Directive Jerónimo Maillo 8. Private Antitrust Enforcement in France: Analysis of substantive and procedural challenges in light of the most recent case law Silvia Solidoro 9. The Implementation of the Damages Directive in Czech Republic, Hungary, Poland and Slovakia: An Overview of Practical Issues and Challenges Anna Renata Pisarkiewicz Index

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Book SynopsisThis cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading and shared responsibility. Christopher Harding and Alison Cronin reflect on the attempts that have been made globally to use criminal law and other methods of formal legal control, as well as more flexible and innovative approaches under the heading of 'regulation', to address the problem of bad business practice. The book argues for a return to first principles and that the possibility of a reconfiguration of economic ordering and market and trading culture should be considered; as business malpractice is largely inherent in the dominant capitalist model, that model is in need of repurposing and reform. Taking an interdisciplinary approach, this book will be a valuable resource for scholars and students of law with a focus on business, commercial law and criminal law, in addition to researchers of corporate governance and public administration and management. Its critical arguments will also benefit NGOs, business professionals and campaign groups.Trade Review'Christopher Harding and Alison Cronin’s Bad Business Practice pulls off the rare feat of combining an incisive theoretical analysis of the “economic and cultural pathologies” underlying corporate delinquency with a close-up, time- and context-sensitive critique of the criminal, regulatory and self-regulatory responses to these truly profound malaises. It is a brave book that dares to question the continued legitimacy of homo economicus who is still taken for granted in most critiques of the corporation in the 21st century.’ -- Uta Kohl, University of Southampton, UKTable of ContentsContents: Preface Introduction to Bad Business Practice: towards a jurisprudence of business malpractice, delinquency and criminality PART I THE CHALLENGES FOR REGIMES OF LEGAL CONTROL 1. Clever or bad? Mapping the legal terrain of business delinquency and collusion 2. In search of a normative theory: the missing jurisprudence 3. From entrepreneur to malefactor: economic ideologies and theories of trading 4. Heroes and villains: an investigation into perpetration and victimhood and the relation between action and harm PART II THE EMERGENCE OF REGULATION AS A MODEL OF CONTROL 5. Regulation and enforcement: the panopticon industry 6. Regulated self-regulation: the new middle way 7. Regulation in theory: challenging the underlying assumptions PART III RECONFIGURING RESPONSIBILITY: THE ROLE OF THE STATE, CORPORATE ACTORS AND CIVIL SOCIETY 8. The moral economy of trade and business: bad business behaviour as systemic malaise Postscript: a final word – don’t shoot the piano player Index

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Book SynopsisComparative Competition Law examines the key global issues facing competition law and policy. This volume's specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement - such as the regulator's powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.Contributors include: R. Burgess, E. Buttigieg, M.A. Carrier, L. Cejnar, J. Clarke, D.A. Crane, A. Ditzel Faraco, A. Duke, J. Duns, G.A. Hay, K. Klovers, A. Merrett, N.H. Nesbitt, G.C. Shaffer, T. Shiraishi, R.L. Smith, A. Speegle, B. Sweeney, J. Tapia, S. Vande Walle, S.W. Waller, W. ZhengTrade Review’Ultimately, the key to this book's success is the editors' ability to mobilise a remarkable group of authors with affiliation to various institutions and professions from different countries. It most certainly fills the gap in the literature with its insightful analysis of the numerous competition law concerns in a wide selection of countries, including developing jurisdictions.' -- European Competition Law Review'Comparative Competition Law provides a welcome scholarly examination of the key global issues that impact the way law and policy operate, as the proliferation of anti-trust regimes over the past 25 years has led to a global recognition of competition law.' -- Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, UK'It is impossible to be a competition law practitioner without an understanding of competition regulation in the world's leading economies. It is equally impossible to practice in the area without a detailed understanding of economics. This collection of essays by leading internationally acclaimed academics and practitioners makes an important contribution to both areas. There are excellent chapters that explain the key areas of economic theory, as well as informative chapters on international trends. This collection will prove to be an indispensable addition to the library of any serious competition lawyer.' -- The Hon Ray Finkelstein QC, former President of the Australian Competition Tribunal, former Judge of the Federal Court of AustraliaTable of ContentsContents: PART I INTRODUCTION AND OVERVIEW 1. Themes John Duns, Arlen Duke and Brendan Sweeney 2. The Globalization of Competition Law: Yes or No?: Leela Cejnar and Rachel Burgess PART II THE SUBSTANTIVE LAW 3. Defining and Proving Markets and Market Power Rhonda L. Smith 4. Anti-Competitive Agreements: The Meaning of ‘Agreement’ George A. Hay 5. Anti-Competitive Agreements: The Range of Conduct Caught John Duns 6. Understanding Market Power Alexandra Merrett 7. Antitrust Treatment of Intellectual Property Rights Michael A. Carrier 8. Current Issues in Merger Law Julie Clarke 9. Vertical Conduct: Non-Price Restraints John Duns 10. Vertical Conduct: Resale Price Maintenance Eugène Buttigieg PART III ENFORCEMENT AND SANCTIONS 11. Public Enforcement Arlen Duke 12. Criminalizing Cartels: A Global Trend? Gregory C. Shaffer, Nathaniel H. Nesbitt and Spencer Weber Waller 13. International Governance of Competition and the Problem of Extraterritorial Jurisdiction Brendan Sweeney 14 Private Antitrust Enforcement: Comparative and Policy Considerations Daniel A. Crane, Keith Klovers and Adam Speegle PART IV COMPETITION LAW IN SELECTED JURISDICTIONS 15. Competition Law in Japan Simon Vande Walle and Tadashi Shiraishi 16. Competition Law in China Wentong Zheng 17. Latin American Antitrust Law and Policy – An Overview of Three Jurisdictions: Brazil, Chile and Colombia Javier Tapia and Alexandre Ditzel Faraco Index

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Book SynopsisThis incisive book provides a much-needed examination of the legal issues arising from the data economy, particularly in the light of the expanding role of algorithms and artificial intelligence in business and industry. In doing so, it discusses the pressing question of how to strike a balance in the law between the interests of a variety of stakeholders, such as AI industry, businesses and consumers. Investigating issues at the intersection of trade secrets and personal data as well as the potential legal conflicts to which this can give rise, Gintare Surblyte-Namaviciene examines what kinds of changes to the legal framework the growing data economy may require. Through an analysis of the way in which EU competition law may tackle algorithm-related problems the book also identifies a regulatory gap in the case of algorithmic manipulation in the business-to-consumer relationship. The book further argues that control by public bodies over terms and conditions often used in the data economy may be necessary for the sake of consumer protection. Scholars in competition law and regulatory governance, particularly those with an interest in the impacts of technology, will find this to be critical reading. It will also be beneficial to practitioners and policy makers working at the intersections of regulation and technology.Trade Review‘Gintare Surblyte-Namaviciene asks in her comprehensive book on competition and regulation in the data economy, whether artificial intelligence needs a new balance. How Surblyte-Namaviciene arrives at her conclusion with regard to several different, but yet linked, aspects of regulation becomes clear when delving into her intelligible and thought-provoking analysis. The result is a book that is much worth reading.’ -- Heiko Richter, Journal of Intellectual Property, Information Technology and Electronic Commerce Law'This book brings together a lot of thinking - old and new - to examine legal protections for the fruits of artificial intelligence (AI), demonstrating that not enough thought has been given to how our existing information laws interact and whether increased legal rights in information and data will adversely affect information flows, competition, and privacy. By discussing the details of trade secret and privacy law, and how these areas of law overlap, the book provides valuable insights into the means by which balance can be achieved and why trade secret protection is limited.' --Sharon K. Sandeen, Mitchell Hamline School of Law, US'This monograph presents a fundamental analysis of the four main fields of the data economy - trade secret law, data protection, competition law and consumer protection - and of the links and frictions between them. The author convincingly resists modernist overstating of artificial intelligence that underlies the data economy. Instead, she develops a classic legal framework for fine-tuning the innovation/dissemination incentives for and conflicting interests of innovators, producers, users and consumers of data and data services. The result is a book of highly rewarding reading.' --Hanns Ullrich, Max Planck Institute for Innovation and Competition, Munich, GermanyTable of ContentsContents: 1. Introduction 2. Digital Economy: between human brains and artificial intelligence 3. Trade secret protection for data 4. Data- and algorithm-driven economy: issues for competition? 5. Regulation beyond competition? 6. Conclusions

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Book SynopsisAbusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant? Including analysis of the EU as well as individual nations such as the USA, Germany, France, Italy, China, Japan, Australia and developing countries, this book presents the state of the art in abusive practices in competition law research. Drawing on a variety of experiences from different jurisdictions, the authors answer the most fundamental questions concerning abusive practices, with a special focus placed on superior bargaining power, economic dependence and unconscionable conduct as thresholds for competition law interventions. Key areas such as market definition in platform markets, use of presumption in antitrust law, commitment procedures and aggregate concentration concerns are all discussed within this context. Essential reading for competition lawyers and economists, Abusive Practices in Competition Law gives comprehensive advice and insight for those dealing with antitrust concepts and practical cases of abusive conduct.Contributors include: A. Al-Ameen, M. Bakhoum, P. Behrens, D. Bosco, T. Cheng, F. Di Porto, V. Falce, X. Fang, A. Fels, K. Fuchikawa, M. Gal, M. Ioannidou, M. Lees, L. Marx, R. Podszun, A. Robles Martín-Laborda, L. Silva Morais, T. Takigawa, S. Thomas, L. Tomé Feteira, P. Van Cleynenbreugel, F. Wagner-von PappTrade Review'An overview of the panoply of approaches that legal systems worldwide use to tackle businesses' abuses of power in the markets. The book contains a throng of academic contributions on this broad theme examining the various tools used in different jurisdictions addressing the variety of single-firm abuses in the markets. The authors not only examine uses of competition law (through the enforcement of abuse of dominance/monopolization and merger review) with that aim, but also the adoption of specific rules targeting unfair market practices such as abuses of economic dependence and abuses of superior bargaining power. Finally, some contributions point out how in some countries even the traditional apparatus provided by equity and contract law (unconscionability) has shown to be effective.' --Francisco Marcos, IE Law School, SpainTable of ContentsContents: List of contributors Foreword: Important Divergences Paul Nihoul and Iwakazu Takahashi Introduction Rupprecht Podszun and Fabiana Di Porto PART I: FUNDAMENTAL QUESTIONS OF DOMINANCE AND ABUSE 1. The ordoliberal concept of “abuse” of a dominant position and its impact on Article 102 TFEU Peter Behrens 2. The European Commission’s enforcement of abuse cases. A statistical analysis Lorenz Marx 3. Presumptions and short-cut rules in abuse regulation: (Where) do EU and U.S. antitrust approaches meet? Pieter Van Cleynenbreugel 4. The pitfalls of market definition: Towards an open and evolutionary concept Rupprecht Podszun 5. Exploitative prices in European competition law Antonio Robles Martín-Laborda 6. All’s well that ends well? Abuse regulation in the wake of the financial crisis. The interplay between regulation and the application of competition law to the financial sector Luís Silva Morais and Lúcio Tomé Feteira 7. The application of Article 102 TFEU in the EU energy sector: A critical evaluation of commitments Maria Ioannidou Part II: Superior Bargaining Power, ECONOMIC DEPENDENCE AND ABUSE 8. Abuse without dominance in competition law: Abuse of economic dependence and its interface with abuse of dominance Mor Bakhoum 9. Superior Bargaining power: Dealing with aggregate concentration concerns Thomas K. Cheng and Michal S. Gal 10. Unilateral conduct by non-dominant firms: A comparative reappraisal Florian Wagner-von Papp 11. Restraining bargaining power through competition law: Superior bargaining position regulation in Japan as compared with the EU Toshiaki Takigawa 12. Ex-ante and ex-post control of buyer power Stefan Thomas Part III: National Experiences with the Regulation of Abusive Conduct 13. The application of the Chinese Antimonopoly Law to state-owned enterprises Fang Xiaomin 14. Unconscionable conduct in the context of competition law with special reference to retailer / supplier relationships within Australia Allan Fels and Matthew Lees 15. The Italian regulation against the abuse of economic dependence at the crossroads Valeria Falce 16. Unconscionable conduct in France David Bosco 17. Comparative analysis of the Japanese Subcontract Act and the regulations on unfair trade practices in the EU: Focus on the grocery industry Kazuhiko Fuchikawa 18. An alternative perspective for assessing abuse of dominance in emerging markets Abayomi Al-Ameen 19. Abuses of dominant and non-dominant position. A tale of (ir)reconcilable views? Fabiana Di Porto Index

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Book SynopsisThe maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law. Featuring an exhaustive analysis of European case law, this astute work provides a succinct and nuanced guide to market definition within a variety of markets and contexts. Insightful and timely, it explores the different economic-legal issues that arise in European case law, distinguishing economic debates from the legal issues involved. In so doing, it seeks to prevent the distortions to the legal method that can result from adopting a more piecemeal approach. Market Definition in EU Competition Law provides a crucial introduction to the topic and will be an important resource for students and scholars of European competition law. Practitioners and judges will also benefit from the extensive analysis of case law and the practical examples.Trade Review'This high-quality book's wide coverage provides the reader with an insight into the application of competition law, and offers an astute analysis of competition law issues. Drawing on the most relevant case-law of the European courts and on authoritative legal writings, both European and American, the author tackles some of the most complex issues concerning market definition in a wide array of sectors, dealing skillfully with both conceptual notions and practical issues. This book by Miguel Sousa Ferro deserves to be read and kept within reach in every competition law library.' --José Luís da Cruz Vilaça, Professor of EU and Competition Law, Former Judge and Advocate General at the Court of Justice of the EU'A masterful comprehensive analysis of the market definition concept as it has been applied in EU competition law. The concept is considered from both theoretical and practical angles making it a must-read book for academics and practitioners alike.' --Jean François Bellis, Van Bael and Bellis, BelgiumTable of ContentsContents: Foreword 1. Introduction 2. Brief History of Market Definition 3. Conceptual Framework of Market Definition 4. Practical Relevance of Market Definition 5. Market Definition Method in EU Competition Law: General Issues 6. Product Market 7. Geographic Market 8. Temporal Market 9. Specific Challenges of Certain Markets 10. Proof and evidence 11. Judicial review of market definition 12. Recent Economic Proposals: The End of Market Definition? Index

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Book SynopsisThe digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy. Competition Law for the Digital Economy critically evaluates how the digital economy differs from the old economy and the ways in which competition law interacts with other legal regimes of data protection and sector specific regulations. This book also considers the broader issues, addressing the possible remedies to be imposed in the case of restrictions on digital markets. This timely book asserts that whilst the digital economy is currently in its infancy, competition law should play a crucial role in shaping the competitive digital ecosystem. Providing the general perspectives on competition policy and the application of traditional and new regulatory tools for the digital economy, this analytical book will be a key resource for competition law students and academics, while also appealing to practitioners. Contributors include: K. Bania, E. Deutscher, S.Y. Esayas, R.C. Feldman, M.S. Gal, B. Lundqvist, S. Makris, H.K. Schmidt, N. Thieme, Y. Uemura, S. Van Uytsel, J. Vesala, S. Vezzoso, K. VossTrade Review'This exceptional compilation addresses the major topics occupying the minds of competition law experts around the world today. Questions regarding the adequacy of competition law to respond to the challenges of digital markets are subjected to rigorous and original analysis by leading scholars in an important and fresh contribution to the literature. Big data, privacy, artificial intelligence, platforms and enforcement approaches are all placed under the microscope. A must-read to get across the critical issues facing competition in a digital economy.' --Caron Beaton-Wells, University of Melbourne, Australia'This very important and exciting volume addresses virtually all of the phases of competition law and policy in the digital economy. The volume brings together the research and thinking of scholars, both emerging and established, from around the world. The chapters give penetrating analyses of the major cutting-edge issues that the world is hungry to understand, including access to data, do the digital behemoths have market power, is data privacy a competition dimension, how to analyze big data acquisitions of start-ups, and what remedies fit the new digital market problems?' --Eleanor Fox, New York University, USTable of ContentsContents: Preface PART I GENERAL PERSPECTIVES ON COMPETITION POLICY AND THE APPLICATION OF TRADITIONAL TOOLS FOR THE DIGITAL ECONOMY 1 Regulating competition in the digital economy 2 Björn Lundqvist 2 Taming the shrew: is there a need for a new market power definition for the digital economy? 29 Hedvig K. Schmidt 3 Competition at the dawn of artificial intelligence 71 Robin C. Feldman and Nick Thieme 4 Competition by design 93 Simonetta Vezzoso PART II CONDUCT THAT VIOLATES ANTITRUST AND THE INTERFACE BETWEEN DATA PROTECTION RULES, OTHER SECTOR-SPECIFIC RULES, AND COMPETITION LAW 5 Privacy-as-a-quality parameter of competition 126 Samson Y. Esayas 6 How to measure privacy-related consumer harm in merger analysis? 173 Elias Deutscher 7 Regulation complementing EU competition law in the digital economy 212 Juha Vesala 8 Online platforms and the Japan Fair Trade Commission: the DeNA case as an example of early market intervention 231 Steven Van Uytsel and Yoshiteru Uemura 9 The European Commission’s decision in Google Search 264 Konstantina Bania PART III REMEDIES TO BE IMPOSED IN CASE OF RESTRICTION ON DIGITAL MARKETS 10 Consent-based case resolution 303 Katharina Voss 11 Antitrust governance in an era of rapid change 325 Stavros Makris Index 365

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Book SynopsisThis book investigates whether the European Commission (EC) has the mandate to legislate on direct taxation in sovereign states and ultimately questions whether the EC's enforcement action in recent tax ruling cases, in the area of State aid, respects the rule of law. Liza Lovdahl Gormsen explores whether the EC's recent rulings in relation to Member States' advanced pricing arrangements reflect a genuine problem of illegal State aid or whether the EC is attempting to use State aid rules to harmonise national tax systems. The author examines this issue through relevant case law, comparing the EC's actions with OECD guidance and US practices, assessing what is legitimate in terms of the EC's actions and competences. Through the lens of State aid and tax rulings, the author addresses the wider constitutional question of how to reconcile national interests with the move towards European harmonisation; does the answer lie in more integration, or less?This book will be of great interest to academics researching the relationship between the EC and Member States in regards to taxation, State aid and authority over direct taxation. Practising lawyers working in the field of State aid and tax will also find this to be a useful resource as it clearly outlines relevant case law and interprets the resulting decisions.Trade Review'A powerful critique of the European Commission's tax State aid investigations. The book is particularly valuable for tax lawyers, by setting the tax State aid cases in the broader context of the Commission's gradual push towards ''creeping competences''.' --Dominic Robertson, Slaughter and May, UK'EU State aid law, formerly of interest mostly to competition lawyers, has, in the last few years, intruded into the world of international taxation, in particular by its effects on multinational group companies through a series of high-profile investigations by the European Commission. In a detailed, forensic analysis, Dr Liza Lovdahl Gormsen has produced an excellent critical examination of this interaction of State aid and taxation. This book is highly recommended, in particular for tax specialists seeking to understand this fast-developing subject.' --Conor Quigley QC, Serle Court, London, UKTable of ContentsContents: Foreword 1. Introduction 2. State Aid Decisions and Open Formal Investigations Concerning the Tax Ruling Practices of Member States 3. Arm’s Length Principle 4. Recovery, Legitimate Expectations and Legal Certainty 5. EU Competences 6. International Practices and the OECD 7. The Way Forward Index

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Book SynopsisRapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation. With chapters from well-established and up-and-coming competition law and economics scholars - from the Academic Society for Competition Law (ASCOLA) - this book reflects on the role innovation has played, and can continue to play, within competition and antitrust law. In addition to uncovering innovation concerns within their analysis, the authors also make important contributions to academic and policy debates on the relationship between these areas of law and other instruments of innovation regulation, such as data protection regulation, intellectual property law, the regulation of big data, platforms and artificial intelligence. Academics in competition and intellectual property law, economics and political science working on data protection or innovation more generally will find this book a useful insight into future challenges for constructing meaningful and effective laws within the area of innovation. Policymakers and practising lawyers will also find the example cases useful, especially for refining and restructuring perception about innovation in competition law.Contributors include: M. Botta, J.S. Frank, S. Hayashi, W. Kerber, P. Kuoppamäki, J. Kwoka, B. Lundqvist, M. Maggiolino, F. Marcos, M.L. Montagnani, P. Nihoul, V. Robertson, C. Seitz, B. Tangsatapornpan, P. Van Cleynenbreugel, J. Vesala, K. Wu, D. Zimmer, N. ZingalesTrade Review‘The book, consisting of 14 pieces written by established authorities as well as by promising new voices in the field, offers an intuitive and harmonious read—thanks to the quality of the papers themselves but also to an excellent job done by its editors (...), who have reduced all the contributions to a common denominator, making the book an exciting volume which strikes a perfect balance between coherence and diversity.’ -- O. Andryichuk, European Competition Law ReviewTable of ContentsContents: Preface PART I: INNOVATION THROUGHOUT COMPETITION LAW ANALYSIS 1. Innovation in competition law analysis : making sense of on-going academic and policy debates Pieter Van Cleynenbreugel 2. The effects of mergers on innovation: economic framework and empirical evidence John Kwoka 3. Innovation by dominant firms in the market: damned if you don’t….but damned if you do? Francisco Marcos 4. Protecting innovation from unfair practices Juha Vesala PART II: INNOVATION AND REGULATION: CHALLENGES FOR COMPETITION LAW AND POLICY 5. Data protection considerations in antitrust analysis: funnel or straightjacket for innovation? Nicolo Zingales 6. Healthcare systems and competition: challenges and boundaries for the application of competition law in highly regulated markets of the healthcare sector in the European Union Claudia Seitz 7. Competition Policy and the Development of Big Data and Artificial Intelligence Shuya Hayashi, Kunlin Wu and Benjawan Tangsatapornpan PART III: COMPETITION LAW AND INTELLECTUAL PROPERTY LAW: MAKING INNOVATION WORK? 8. Joint research and development collaborations under competition law Björn Lundqvist 9. Patent settlements in the pharmaceutical industry: what can we learn from economic analysis? Wolfgang Kerber and Jonas Severin Frank 10. Access to justice as abuse of market power? Injunctive relief on standard essential patents under US antitrust and EU competition law Viktoria Robertson and Marco Botta 11. Wandering in the land of the EU Abuse of Rights: coordinates from the antitrust experience? Mariateresa Maggiolino and Maria Lillà Montagnani PART IV: THE PLATFORM ECONOMY – INNOVATION AND COMPETITION LAW AT CROSSROADS? 12. The digital economy: a challenge for competition policy? Daniel Zimmer 13. Tying and two-sided digital platforms Petri Kuoppamäki Index

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Book SynopsisIn this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice. Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness. Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.Trade Review‘This is an excellent work. It is well researched, clearly referenced, well written and logically structured. Its arguments are thought provoking. I am certain that some will find some of the author’s positions controversial. This is a good thing; these positions should shake the reader out of any complacency they may have. I thoroughly enjoyed reading this work and would recommend it to others.’ -- Bruce Wardhaugh, European Competition Law Review‘... it is a book that may be referred to as it provides a very useful and valuable compendium of references to the relevant cases and materials on Big Data, and articles and commentaries which have been the subject of considerable discussion for over 10 years.’ -- Tim Cowen, Competition Law JournalTable of ContentsContents: 1. Introduction PART I THEORY ON ABUSE OF DOMINANCE IN DIGITAL MARKETS 2. Introduction to Part I: Theory on Abuse of Dominance in Digital Markets 3. Information in digital markets 4. Characteristics of digital markets and their implications on the assessment of market power 5. Dominance of online platforms 6. Law on abuse of dominance in digital markets PART II REFUSAL TO GIVE ACCESS TO INFORMATION: CASE STUDY OF GOOGLE SEARCH BEHAVIOURS 7. Introduction to Part II: Refusal to Give Access to Information: Case Study of Google Search Behaviours 8. Background on the antitrust investigations into Google 9. Is Google dominant? 10. Contractual restrictions on the portability and management of online search advertising campaigns across Google's AdWords and competing platforms 11. Search bias as an abuse of dominance 12. On the choice of legal procedures and actions for the European Commission in Google Search (Shopping) decision Part III POLICY RECOMMENDATIONS ON ABUSE OF DOMINANCE BY INFORMATION INTERMEDIARIES 13. Introduction to Part III: Policy Recommendations on Abuse of Dominance by Information Intermediaries 14. Intersection between digital markets and competition law. problems and practical solutions 15. Conclusions Index

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Book SynopsisRecent years have seen significant evolution in the European Commission's approach to State aid policy. This thought-provoking book analyses the enforcement of State Aid law in the aftermath of the State aid Modernization initiative, identifying a number of emerging trends at both national and EU level. Eminent scholars unpack the recent developments that have contributed to the decentralization of the enforcement of State Aid law, including the General Block Exemption Regulation which allows a larger number of aid schemes to be implemented by national authorities without prior notification to the European Commission. Timely contributions also consider the increasing role of national courts in the enforcement of State aid rules, as well as the Commission's current reliance on State Aid policy to pursue common objectives of EU interest, thus shaping a de facto EU industrial policy. This discerning book is a key resource for students and scholars specializing in both State Aid law and EU law more widely. Containing detailed analysis of the legal and economic consequences of State Aid Modernization, EU State Aid Law will also interest practitioners, economists, and public officials involved in State Aid enforcement. Contributors include: M. Boccaccio, M. Botta, G. Bruzzone, F. Caliento, S. Donzelli, A. Heimler, M. Merola, G. Monti, P.L. Parcu, F, Pastor-Merchante, J.J. Piernas López, M.A. Rossi, A. Scott, J. Weinzierl, B. Willemot-NieuwenhuysTrade Review‘The subject of this book is very relevant, both in its timing and scope of analysis. The book presents solid analyses of current issues in the field and does so in a clear fashion, making it a welcome addition to State aid scholarship.’ -- Carlo Maria Colombo, Common Market Law ReviewTable of ContentsContents: Preface xv 1 Introduction 1 Pier Luigi Parcu, Giorgio Monti and Marco Botta 2 Is the notion of aid broadening or shrinking over time, and if so, why? A subjective view on the rationale of the case law 18 Massimo Merola and Filippo Caliento 3 State aid control: recent developments and some remaining challenges 54 Alberto Heimler 4 Infrastructures and SGEI: the scope of State aid control and its impact on national policies 70 Ginevra Bruzzone and Marco Boccaccio 5 State aid policy in the broadband sector: public announcements, investments and crowding out 99 Pier Luigi Parcu and Maria Alessandra Rossi 6 The functions of national courts in the private enforcement of State aid law 121 Fernando Pastor-Merchante and Giorgio Monti 7 New trends in State aid enforcement by national courts: damages claims and the State aid cooperation tools 141 Simone Donzelli and Bernadette Willemot-Nieuwenhuys 8 A recipe for confusion: parallel treaties and parallel proceedings in State aid cases 170 Adam Scott 9 Recent developments in German State aid jurisprudence: a scrutiny from the perspective of the preliminary reference procedure (Art. 267 TFEU) 194 Josef Weinzierl 10 Enforcement of State aid law at the national level: recent trends in Spain 218 Juan Jorge Piernas López Index 240

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Book SynopsisIntellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity. Taking a multi-angled view of the topic, this book questions whether IP rights by definition encourage innovation and explores the role of exceptions and limitations to IP rights as well as the application of competition law to promote innovation. Chapters analyse diverse topics within the field of IP such as plant varieties protection, geographical indications and 3D printing. Taken as a whole this book advocates that a pro-innovation rationale must be applied when new IP legislation is designed. This book will be an engaging source of information for researchers and policy-makers with an interest in the direction of IP legislation and the promotion of innovation. It will also be relevant for scholars of competition law who are seeking information on the relationship between competition and IP. Trade Review'''Does IPR boost or hamper innovation?''. This has been asked many times over the years. This extraordinary book asks the question again but without any attempt to provide for a straight-forward answer. Instead it relies on an impressive line-up of IPR legal scholars to show the reader where to look for answers and it points to ways of thinking about the complex relationship between IPR and innovation. Remarkably it does so without diminishing the complexities or taking anything for granted.' --Jens Schovsbo, University of Copenhagen, Denmark'Innovation is key for the development of our industrialised society. This is often complemented with the idea that IP is an essential tool to stimulate innovation. This volume puts that concept to the test. Did the expansion of IP stimulate innovation or is there a need to limit the scope of IP and give preference to the public domain? And where does open innovation and user-generated content fit in? All the answers are here and they are an exciting read.' --Paul Torremans, University of Nottingham, UKTable of ContentsContents: Preface Part I IP Expansion: The Effect of New Intellectual Property Rights on Innovation 1. Utility models: Do they really serve national innovation? Uma Suthersanen 2. Plant Varieties: Is UPOV 1991 a good fit for developing countries? Mrinalini Kochupillai 3. Geographical indications and innovation, what is the connection? Anke Moerland Part II A Need to Limit the scope of intellectual Property? 4. Examining the public domain empirically Kris Erickson, Martin Kretschmer and Dinusha Mendis 5. A doctrine of the public domain Alexander Peukert 6. Free-riding on the repute on trade marks – Does protection generate innovation? Ansgar Ohly 7. The European foreign policy for intellectual property rights enforcement Xavier Seuba and Elena Dan 8. Revisiting the patent misuse doctrine: Its potential contribution to maintaining incentives for innovation Daryl Lim 9. Standard-essential patents – Limiting exclusivity for the sake of innovation Peter Picht PART III NEW PARADIGMS OF INNOVATION IN INTELLECTUAL PROPERTY 10. Intellectual property and open innovation in 3D printing – A different form of exclusivity Nari Lee 11. Transformative use and user-generated content – Integrating new paradigms of creativity in copyright law Matthias Leistner and Verena Roder-Hießerich Index

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Book SynopsisThis revised and updated Research Handbook on European State Aid Law brings together established academics and practitioners to provide a wide-ranging coverage of the field. Incorporating political science, economics and the law in its analysis, it provides a strong overview of the salient issues in State aid law and policy.Chapters address the significance of State aid to various aspects of the political and legal systems of the Member States, including taxation, the financial sector, and the interplay between EU rules on State aid, free movement and public procurement. The Research Handbook further examines the application of the State aid rules to major sectors of the EU economy and introduces brand new themes for State aid analysis, such as arbitration, social services and the impact of Brexit.Featuring theoretical explorations and empirical studies, this Research Handbook will be crucial reading for scholars and researchers of EU State aid law, especially those searching for new avenues of research. It will also be a useful reference point for officials in national governments and the European Commission who are engaged in the State aid approval process. Judges hoping to expand their knowledge of EU State aid law and policy will also benefit from this insightful Research Handbook.Trade Review‘The second edition of this excellent volume comes at a time in which EU State aid law is gaining increasing political and popular prominence, most notably thanks to the ongoing high profile tax rulings cases and Brexit negotiations. This Research Handbook covers these developments and many more of the most pressing and complex issues relating to the discipline. This book is highly recommended for those in academia or private practice who want to gain unique insights into the subject from contributors who are leaders in their field.’ -- - José Luis Buendía, Garrigues, Brussels, and King's College London, UKTable of ContentsContents: Foreword x Preface xii 1 State aid control from a political science perspective 1 Michelle Cini 2 The market economy operator principle: an economic role model for assessing economic advantage 15 Nicole Robins and Laura Puglisi 3 Taxation and State aid 40 Julia Rapp 4 State aid in the energy sector 64 Leigh Hancher and Francesco Maria Salerno 5 State aid and free movement 87 Andrea Biondi 6 State aid and international trade law 103 Luca Rubini 7 State aid and the financial sector: the crisis and beyond 134 Małgorzata Agnieszka Cyndecka 8 Material selectivity outside the field of taxation 153 Andreas Bartosch 9 EU State aid and arbitration 163 Kai Struckmann, Genevra Forwood, Aqeel Kadri, Irina Trichkovska 10 State aid and Brexit 183 George Peretz 11 Social services and State aid: new steps towards a more ‘social Europe’? 206 Delia Ferri 12 The private enforcement of State aid law 226 Fernando Pastor-Merchante 13 State aid procedures 249 Elisabetta Righini and Flavia Tomat 14 State aid to airports and airlines 269 Brian R. Byrne and Ella Adler 15 State aid law beyond the EU 297 Juan Jorge Piernas López 16 Tax rulings and State aid: musings on recovery 314 Dimitrios Kyriazis 17 State aid and EU public procurement: more interactions, fuzzier boundaries 329 Professor Albert Sanchez-Graells Index

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Book SynopsisThis insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.Expert contributors examine the jurisprudence of the EU Court of Justice, which has become more supportive of effect-based analysis in EU competition policy. Chapters consider key topics including the role of economic analysis in relation to defining the relevant market, the challenges of competition policy enforcement in the telecom and digital markets, and economic methods to estimate damages in cases of private enforcement of EU competition law. The book also discusses the challenges faced by judges in reviewing the economic evidence relied on by competition agencies in their decisions and how these may be overcome.Providing a comparative analysis of EU competition policy at both the EU and national levels, this book will be a valuable resource for scholars and students of EU competition policy. It will also be beneficial for practitioners specialising in competition law and economics.Trade Review‘Economic Analysis in EU Competition Policy, edited by Parcu, Monti and Botta, is a timely and stimulating read. It provides a clear view of new approaches, consequences, and difficulties with embracing economic analysis in competition policy. The book offers a cutting-edge insight into these critical topics as needed in a fast-changing world and its digital markets.’ -- Giacomo Calzolari, European University Institute, ItalyTable of ContentsContents: Preface xv List of abbreviations xvi 1 Introduction: From the legalistic to the effect-based approach in EU competition policy 1 Pier Luigi Parcu, Giorgio Monti and Marco Botta 2 The operation of the more economic approach after Intel and Generics 15 Giorgio Monti 3 The effect-based approach after Intel : A law and economics perspective 44 Ginevra Bruzzone 4 The kinetic rise and potential fall of market definition 68 Timothy Brennan 5 Current issues in defining relevant antitrust markets: data, digitalization and innovation 92 Viktoria HSE Robertson 6 Digital markets and implications for competition policy: Evidence from recent economic analysis 113 Roberto Alimonti, Bertram Neurohr and Helen Ralston 7 Margin squeeze: guiding principles and the state of the debate in Europe 147 Pietro Crocioni 8 A practitioner’s guide to quantifying damage 173 Frank P Maier-Rigaud and Philipp C Heller 9 The Passing-on principle in EU private antitrust enforcement: A policy at war with itself? 216 Pier Luigi Parcu and Maria Alessandra Rossi 10 The effectiveness of judicial review of decisions of the Italian Competition Authority in the Aftermath of the Damages Directive 239 Rosa Perna 11 Economic evidence in Dutch administrative law: A judge’s perspective 266 Henk Jaap Albers Index

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Book SynopsisThis timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States’ distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK. Through comprehensive comparative analysis, this book investigates competition law and SMEs, economic and management perspectives, and centralised public purchasing during the COVID-19 pandemic within the sphere of CPBs and joint procurement. Chapters explore the use of procurement techniques and electronic instruments by CPBs and the liability and remedies perspectives of CPBs and their users.Providing a complete overview of CPBs structure in different Member States and the aspects of joint procurements, Centralising Public Procurement will be of interest to students and scholars of European and commercial law. It also offers important insights for CPBs themselves, practitioners and policy-makers, as well as contracting authorities using CPBs in the different Member States.Trade Review‘An in-depth analysis of a highly topical issue in public procurement law. A valuable book both for its broad comparative coverage and for its theoretical approaches to the main advantages and difficulties of centralised public procurement.’ -- Jean-Bernard Auby, SciencesPo, FranceTable of ContentsContents: Foreword by Roberto Caranta and Steen Treumer 1. Introduction Mario Comba and Carina Risvig Hamer 2. EU perspective on CPBs Mario Comba and Carina Risvig Hamer 3. CPBs in the European legal space: an unresolved misconception Mario Comba 4. A comparative view of the use of procurement techniques and electronic instruments by central purchasing bodies Roxana Vornicu and Marta Andhov 5. Joint Procurement: An Economics and Management Perspectives Fredo Schotanus 6. Public Procurement by Central Purchasing Bodies. Competition and SMEs: toward a more dynamic model? Albert Sanchez Graells 7. CPBs and their users - Shared liability, contract management and remedies Carina Risvig Hamer 8. Public purchasing in EU during the COVID-19 pandemic Judy Yueh Ling Song Part II: National chapters 9. Central Purchasing Bodies (and other forms of joint procurement) - Belgium Steven Van Garsse 10. Central Purchasing Bodies (CPBs) in Denmark Carina Risvig Hamer 11. Central Purchasing Bodies in Finland Kirsi-Maria Halonen 12. Central Purchasing Bodies (CPBs) in France Fanette Akoka and François Lichère 13. Country Report on Germany Martin Burgi and Christoph Krönke 14. Centralised Procurement in the Netherlands: A mixture of procurement autonomy, decentralization & diversified collaborative purchasing W.A. Janssen and M.A.J. Stuijts 15. Central Purchasing Bodies in Italy: Reluctance and Challenges Gabriella M. Racca 16. Central Purchasing Bodies: the Case of Poland Paweł Nowicki 17. Centralisation and Central Purchasing Bodies (CPBs) in Portugal Pedro Cerqueira Gomes 18. Central Purchasing Bodies in Romania Roxana Vornicu and Dacian Dragos, 19. Central Purchasing Bodies in Spain Patricia Valcárcel Fernández 20. Central Purchasing Bodies in Sweden Åsa Edman 21. Central Purchasing Bodies in United Kingdom Luke Butler, Alice Manzini and Martin Trybus Index

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Book SynopsisThis insightful book proposes taking inspiration from EU competition law structures to inform and implement a more economic approach in WTO law. The book provides a detailed account of the two legal systems regarding likeness, harm, and remedies, in order to draw comparisons. Taking a unique approach in synthesizing law and economics with comparative law methods, it considers WTO law holistically to propose a legal transplant from EU competition law to WTO law.Drawing from EU competition law, the book generates comparative ideas that can improve the understanding of fundamental WTO concepts such as likeness, less favourable treatment, discrimination, trade harm, trade effects, and the level of permissible countermeasures. Based on this analysis, the author offers normative suggestions to improve the efficiency of WTO law through correct implementation of a more economic approach. As part of this approach, the author recommends an increased capacity for all key actors involved in WTO dispute settlement. Exploring key WTO concepts and employing law and economics benchmarks to make comparisons, this thought-provoking book will be of benefit to scholars and students of law and economics, global transnational law and WTO law in particular. It will also prove valuable for practitioners and policy makers involved in international trade law and dispute settlement.Trade Review‘This thought-provoking work puts forwards a strong plea for a holistic “law and economics”-inspired comparative evaluation of WTO law and EU competition law. Based on an extensive analysis of case law and literature, the normative conclusions of this work are a must-read for everyone interested in WTO and EU law as well as those who wish to examine how its research results can be extrapolated to other fields, such as investment law, where similar issues are at play.’Table of ContentsContents: PART I PREMISE, METHOD, AND STRUCTURE 1. Complexity in international trade and WTO law’s legitimacy crisis PART II DEFINING THE RELEVANT MARKET AND ‘LIKENESS’ 2. Relevant market definition in EU competition law 3. Relevant market definition in WTO law 4. Relevant market in EU competition law and WTO law PART III PROVING INFRINGEMENTS: THEORIES OF HARM AND EFFECT 5. Theories of harm and the effects-based approach in EU competition law 6. Infringements in WTO law, theories of harm, and effects 7. Theories of harm and effects in EU competition law and WTO law PART IV QUANTIFYING HARM: REMEDIES AND SANCTIONS 8. Quantification of remedies and sanctions in EU competition law 9. Remedies and the quantification of harm in WTO law 10. EU competition law sanctions and remedies and WTO law countermeasures PART V NORMATIVE CONCLUSIONS AND CONCLUDING REMARKS 11. Normative conclusions and suggestions 12. Solving WTO law’s legitimacy crisis Index

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Book SynopsisThe Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.This Research Handbook brings different perspectives into the dialogue, curating contributions from judges, academics and practitioners. As a whole, the Handbook delivers a deft exploration of strategies to successfully enforce rights across the EU and encompasses discussion and scrutiny of legal instruments, institutional developments, key litigation issues and judicial practice. It delivers contemporary and comparative reflection on developments in practice, including the impact of the Antitrust Damages directive, and the impact of a range of CJEU case-law.Organised into three main sections covering general issues, key aspects relating to private enforcement, and the experience of enforcement in key jurisdictions, this rigorous and engaging Research Handbook will be an invaluable resource for scholars, advanced students and practitioners.Trade Review‘A remarkably comprehensive guide to the private enforcement of competition law in Europe today, by an impressive list of eminent expert authors. This valuable addition to the literature is essential reading for those with an interest in private enforcement and includes important substantive, procedural, practical, comparative and economic insights.’ -- Andreas Stephan, University of East Anglia, UKTable of ContentsContents: Introduction to the research handbook on private enforcement of competition law in the EU xiv PART I GENERAL ISSUES 1 Private enforcement of competition law: its role and development in the EU 2 Richard Whish and David Bailey 2 The economics of private enforcement of competition law 28 Maximilian Langer, Erik Lindén, Asger Lunde, Claus Kastberg Nielsen and Jouni Sohkanen 3 Private enforcement under US antitrust law: origins and contemporary context 52 Andrew I. Gavil PART II SUBSTANTIVE AND PROCEDURAL ISSUES 4 Respective roles of EU and national law 82 Juliane Kokott and Hanna Schröder 5 The application ratione temporis of the Directive’s provisions and conflicting limitation periods under national laws 101 Philipp Kirst 6 Competition litigation and EU private international law rules 134 Barry J. Rodger 7 Private enforcement and the imputation of antitrust liability 159 Peter Whelan 8 Alternative remedies in the private enforcement of Articles 101 and 102 TFEU 181 Magnus Strand 9 Causation 204 Ioannis Lianos and Claudio Lombardi 10 Indirect purchasers and passing-on 239 Antonio Robles Martín-Laborda 11 Access to evidence: the ‘disclosure scheme’ of the Damages Directive 265 Francisco Marcos 12 Binding effect of public enforcement decisions 303 Miguel Sousa Ferro 13 Collective redress and aggregation of claims 330 Csongor István Nagy 14 Competition litigation funding 358 Sebastian Peyer PART III PRIVATE ENFORCEMENT IN PRACTICE 15 Private enforcement in the UK and Ireland 387 Barry J Rodger and Mary Catherine Lucey 16 Portugal and Spain 420 Miguel Sousa Ferro and Francisco Marcos 17 Germany and the Netherlands 459 Jannik Otto, Patrick Hauser and Simon Vande Walle 18 Central and Eastern European countries 504 Jurgita Malinauskaite Index 527

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Book SynopsisOver the past 30 years, merger control has become well-established around the world with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity.Authored by leading legal practitioners, economists, enforcers and jurists, this timely Research Handbook on Global Merger Control discusses various critiques that have been made and considers an array of jurisdictional, procedural, substantive and other issues that are generating intense debate across the antitrust community. These include the scope and objectives of merger control, whether merger control can be reconciled with industrial policy, whether the consumer welfare standard is an appropriate tool for substantive assessment, whether merger control should be used to meet broader policy objectives, and whether existing rules and presumptions are appropriate for the digital age.This Research Handbook will be of great value to anyone interested in global merger control, digital markets, industrial policy and the role of public interest considerations. It provides an excellent tool for academics and practitioners looking to gain a rounded view of current issues in global merger control and an understanding of how enforcement is likely to evolve.Table of ContentsContents: Foreword xii Preface xv Research Handbook on Global Merger Control: Introduction and synopsis 1 Ioannis Kokkoris and Nicholas Levy PART I INSIGHTS ON SELECT TOPICS 1 The proliferation of global merger control 11 Mark Leddy, Kenneth Reinker and Lars-Peter Rudolf 2 Why agencies diverge in their reviews of global deals 49 Frederic Depoortere, Andrew Foster, Barry Hawk and Ken Schwartz 3 Market definition in merger control revisited 87 Jorge Padilla, Joe Perkins and Salvatore Piccolo 4 Mergers with homogeneous products: A primer 108 Hans Zenger and Pierre Régibeau 5 The past, present and future of the SIEC standard in EU merger review 128 Sven B. Völcker 6 How to address under-enforcement in digital markets? 147 Robert Ryan, James Rutt and Mike Walker 7 Is the approach to “failing” and “flailing” firms in merger control fit for purpose? 163 Nicole Kar and Josh Buckland 8 Efficiencies in horizontal mergers: the white whale of EU merger control? 190 Bojana Ignjatovic and Joan de Solà-Morales 9 The jurisdictional reach of EC merger control: Striking the right balance 216 Nicholas Levy, Andris Rimsa and Bianca Buzatu 10 The importance of judicial review for the future of EU merger control 241 Bo Vesterdorf, Kyriakos Fountoukakos, Kristien Geeurickx and Camille Puech-Baron 11 The politics of merger control in the European Union 267 Jonathan Faull 12 Industrial policy and EU merger control – finding the right tools 273 Philip Lowe, Alec Burnside, and Adam Kidane 13 EU merger control and national security assessment: A moving target 328 Ioannis Kokkoris 14 Can EU merger control resist the turn towards protectionism? 352 Anu Bradford 15 Mergers, antitrust and the China card 367 Eleanor M. Fox 16 Greening merger control? The role of environmental considerations in merger analysis 383 Suzanne Kingston PART II JURISDICTION-SPECIFIC INSIGHTS 17 Mergers Down Under 403 Deborah Healey and Rhonda L. Smith 18 Global mergers and international remedies 427 Alexandre Cordeiro Macedo 19 China’s merger control 437 Cunzhen Huang and Yiming Sun 20 Merger control in France 462 Étienne Chantrel 21 In review: Merger control in India 486 Nisha Kaur Uberoi 22 Merger control in Japan: Select jurisdictional, procedural and substantive developments 515 Kozo Kawai and Madoka Shimada 23 Merger control in Russia: Review and perspectives 537 Andrey Tsyganov, Lesya Davydova and Anastasia Dokukina 24 Jurisdictional and policy issues in South Africa, including a focus on digital markets 563 Tembinkosi Bonakele 25 UK merger control: Select jurisdictional, procedural and substantive issues 594 Colin Raftery, Elie Yoo and Andrew Hilland 26 US merger control 617 D. Bruce Hoffman and Gabriel J. Lazarus Index

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