Competition law / Antitrust law Books

Book SynopsisThis incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity.Utilising a range of sector-specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale. This comprehensive book addresses the role of IP in public–private partnerships and business transactions and further explores how IP law can uphold distributive justice in the innovation society. Chapters span a range of topics of great societal interest, including standard essential patent licensing in the Internet of Things, patent quality concerns under competition law and the role of market-driven and legislative solutions to online music licensing.Intellectual Property as a Complex Adaptive System will be a key resource for students and scholars of IP law, innovation and economics. It will also be vital reading for practitioners, knowledge-intensive industry representatives and innovation and technology transfer specialists.Trade Review‘Intellectual Property as a Complex Adaptive System will serve as a useful source for seasoned researchers and practitioners alike, who are interested in an interdisciplinary approach to IP.’ -- Anastasiia Kyrylenko, The IPKat‘Too often, scholars and policymakers view innovation and creative activity as little more than undifferentiated profit motive that can and should be shaped by government regulation. This refreshing volume demonstrates that the world is far more complex, and that policymakers must understand that complexity before designing successful interventions, which may not take the form of traditional regulation. Everyone who is interested in the future of intellectual property policy needs exposure to the insights in this book.’ -- Robert Brauneis, The George Washington University Law School, US‘The authors use the umbrella of “complex adaptive systems” to expose readers to a selection of topics that demonstrate the increasing complexity of intellectual property law. The chapters, which range from a high-level view of conceptual matters to a detailed review and analysis of legal topics, address a number of important contemporary issues. The volume reveals new complexities that permeate current intellectual property law, and discusses some of the new phenomena that have emerged over the past two to three decades.’ -- Marketa Trimble, University of Nevada, Las Vegas, USTable of ContentsContents: Introduction to Intellectual Property as a Complex Adaptive System xv Anselm Kamperman Sanders and Anke Moerland PART I PATENTS AND INNOVATION 1 Intellectual property as a complex adaptive system 2 Anselm Kamperman Sanders and Anke Moerland 2 Intellectual property rights structures as complex and emergent phenomena 18 David A. Harper 3 How to protect technology: enforcement of patents in Europe today and in the future 43 Christof Augenstein 4 SEP licensing in the Internet of Things: is there a case for a duty to license upstream implementers? 60 Beatriz Conde Gallego 5 Patent quantity concerns under competition law 82 Marco D’Ostuni 6 The machine having ordinary skill in the art 102 Ryan Abbott PART II MARKETS, COLLECTIVE MANAGEMENT AND CREATIVITY 7 Sui generis , bureaucratic and based on origin: a snapshot of the nature of EU Geographical Indications 130 Andrea Zappalaglio 8 The role of market-driven and legislative solutions to online music licensing in Europe 151 Guiseppe Mazziotti PART III INSTITUTIONS AND JUSTICE 9 Investor-state dispute settlement as a constraint on intellectual property lawmaking 178 Rochelle Cooper Dreyfuss Index

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Book SynopsisThe Consumer Welfare Hypothesis in Law and Economics is a compelling account of market relations with firm roots in economic theory and legal practice. This incisive book challenges the mainstream view that allocative efficiency is about total welfare maximisation. Instead, it argues for the consumer welfare hypothesis, in which allocating resources efficiently means maximising consumer welfare, and demonstrates that legal structures such as antitrust and consumer law are in reality designed and practised with this goal in mind.Using this paradigm, Fabrizio Esposito overcomes the opposition between efficiency and distribution and provides a firmer basis for debates about the foundations of contract law, antitrust law and consumer law, particularly in the European Union. The outcome is a bilateral view of the connection between the law and the economy and a rich research agenda to further understanding of the legal-economic nexus.Scholars and students of law and economics, as well as contract, consumer and antitrust and competition law will find this book a thought-provoking study. Its innovative yet straightforward conceptual framework will also be of interest to practitioners, policymakers and stakeholders in these fields.Trade Review‘The Consumer Welfare Hypothesis is the most reasonable one because we do not like the inefficiency of monopoly and its redistributive effects. I believe that scholars interested in the institutional interaction between law and markets should read this important book.’ -- Ugo Pagano, University of Siena, Italy‘This book is a major achievement, based on a deep knowledge and understanding of both legal and economic theory, and a keen appreciation of the methodological challenges of interdisciplinary studies. The analysis is multi-layered and complex, but always presented attractively. The claims being advanced will be challenging for law and economics scholarship.’ -- Simon Deakin, University of Cambridge, UK‘This much needed book explores how consumer welfare ought to be the main beacon both lawyers and economists use when assessing some potentially unfair trading behaviours. By focusing on this economic concept, it is possible to influence the development of consumer law and arrive at a more protective environment for consumers.’ -- Christine Riefa, University of Reading, UK‘This original work offers a distinctive contribution to several strands of literature and methodological debates including EU consumer law, EU competition law, Law and economics and Quantitative study of jurisprudence. I am convinced that this will be an important and often cited book.’ -- Anne-Lise Sibony, UCLouvain School of Law, Belgium‘I have not often seen such an original, at the same time practically important and very concise and stringent work. I could not imagine one part in this book that should be deleted or that is less important. At the same time, I could not imagine a part that I would still want to see. It is an outstanding addition to the literature on law and economics.’ -- Stefan Grundmann, Humboldt Universität, Germany and European University Institute, ItalyTable of ContentsContents: Introducing The Consumer Welfare Hypothesis 1. Canvassing a realistic cathedral with efficiency amongst its pillars PART I ALLOCATIVE EFFICIENCY CAN BE ABOUT CONSUMER WELFARE 2. A triangle is not a crown 3. The giants before us PART II ALLOCATIVE EFFICIENCY IS ABOUT CONSUMER WELFARE IN EU ANTITRUST AND CONSUMER LAW 4. How to search for allocative efficiency in law 5. Allocative efficiency in EU antitrust law 6. Allocative efficiency in EU consumer law Conclusions on The Consumer Welfare Hypothesis Legislation and cases Bibliography Index

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Book SynopsisThis innovative and original book explores the relationship between blockchain and antitrust, highlighting the mutual benefits that stem from cooperation between the two and providing a unique perspective on how law and technology could cooperate. Delivering a legal, economic, and technical analysis of antitrust and blockchain, Thibault Schrepel provides a well-rounded examination of their mutual flaws and the limitations that occur when they ignore each other. He explores the anticompetitive practices that may arise in the field as well as covering enforcement issues before showcasing the potential of blockchain and antitrust to complement one another. He offers different ways of creating effective regulations and enforcement mechanisms for the purpose of benefiting their common interests.Covering key topics such as decentralization, blockchain evolution, and the objectives of competition law, this book will be of particular interest to academics and students researching at the intersection of law and technology. It will also be useful for legal practitioners interested in blockchain, as well as antitrust agencies and policy-makers.Trade Review'A real masterpiece, brilliantly pressing for a change that is necessary and feasible.' -- Lawrence Lessig, Harvard Law School, US‘As our world becomes increasing digital, both law and code become central to management of rights and access to justice. The two modes of management are often seen as being in conflict, but increasingly far-sighted scholars like Prof. Schrepel are seeing that there are opportunities for synergy. This book is a clear step forward in building a system of digital law that works, and a must-read for those concerned about our digital future.’ -- ­– Alex ‘Sandy’ Pentland, Massachusetts Institute of Technology, US‘From Code of Hammurabi (1754 BC) to the Internet of Things and Artificial Intelligence this book links a deep understanding of law and technology, Blockchain and Antitrust. It offers a highly appreciated contribution to the Blockchain debate and practical use cases, which are very much needed in often theoretical discussions.’ -- Theodor Thanner, President of the Austrian Federal Competition Authority, Austria‘Grounded in Schrepel's solid understanding of the law and technology debate, this book offers a unique framework and important guide for thinking through the many ways in which Antitrust law and Blockchain technologies can be complementary and create efficiencies from collaboration.’ -- Roland Vogl, CodeX - The Stanford Center for Legal Informatics, US‘Packed with stimulating suggestions and insights, this is the first book exploring the role of competition law in regulating blockchain. Thibault Schrepel skillfully blends an accessible examination of the technology at play with a discussion about how competition law should be applied to both control and support its development.’ -- Giorgio Monti, Tilburg University, the Netherlands‘Traditional financial payment systems run by banks or by tech companies such as PayPal have natural network effects, and are held to be open to some degree of monopoly. Blockchain systems, because they are highly distributed and transparent, are often said to be free of such tendencies. Thibault Schrepel argues this isn’t true: blockchains may foster anticompetitive practices in many ways. As our economic world moves increasingly into cryptocurrencies and blockchain transactions, Schrepel’s analysis and suggested remedies are both timely and important.’ -- W. Brian Arthur, Santa Fe Institute, US‘Data and Antitrust have become a hot button issue. However, as of yet there is little legal scholarly writing on the topic of how blockchain with its promise of data integrity will change this debate. This book tries to do precisely that, and is an incredibly useful read for any legal scholar interested in the digital space.’ -- Catherine Tucker, Massachusetts Institute of Technology, US‘Thibault Schrepel’s Blockchain + Antitrust: the Decentralization Formula, is an eminently readable and satisfying examination of the history, technology, and incipient law of Blockchain – from its historical roots in a libertarian search for order, to its complex and often misunderstood internal workings, and finally to the abundant legal concerns that might loom in the future. This book is particularly helpful for someone who needs to be guided through Blockchain’s most important technical and operational elements.’ -- Herbert Hovenkamp, University of Pennsylvania Law School and the Wharton School, US‘By reducing transaction costs and facilitating trust among parties to transactions, blockchains reduce the need for centralized legal structures in economic activity. They also make transactions less transparent to regulators and can be used to harbor anticompetitive practices. Hence they contribute to deconcentrating economic structures and, simultaneously, raise challenges for competition law enforcement. However, competition authorities can also benefit from the blockchain technology in their enforcement activity. Thibault Schrepel in this path-breaking book explores the evolving complex relationship between blockchain and antitrust and the ways they can benefit from one another. This forward-looking and fascinating analysis is a must read for anyone interested in one of the most important technological development of our time.’ -- Frederic Jenny, OECD Competition Committee, France‘More than any other field of business law, antitrust has much in common with emerging blockchain technologies. Dr. Schrepel has been at the forefront of research in the relationship between these two fields. His hopeful approach, as discussed in this book, towards a mutually beneficial relationship between antitrust law amd blockchain technology will help ensure maximal realization of the efficiency-enhancing promise of blockchain – namely, lowering the costs of networking and increasing transparency. Moreover, this book does an excellent job of discussing both the procompetitive (favored by the antitrust laws) attributes of blockchain and its ability to facilitate anticompetitive harm (outlawed by the antitrust laws), and showing how the law and the emerging technology can live in harmony to the benefit of consumers. I was proud, as head of the DOJ Antitrust Division, to have the Division join Dr. Schrepel’s academic project on this topic and look forward to his continued contributions to this important emerging field.’ -- Makan Delrahim, Department of Justice Antitrust Division, US‘This book is the first of its kind. Schrepel’s work will no doubt appeal to antitrusters looking for a didactic introduction to the blockchain. It will also be of more general interest to any reader with a concern for the future of law and public policy in a technology-driven world. A must-read.’ -- Nicolas Petit, European University Institute, Italy‘Blockchain technology has been offered as a solution to any number of problems, and sometimes – to its detriment – as a panacea. Here, Schrepel follows the thread of decentralization to explore this technology alongside the goals of antitrust law. It's a worthy provocation, even as blockchains’ value, and future, are hotly contested.’ -- Jonathan Zittrain, Harvard University, USTable of ContentsContents: Preface Introduction: the decentralization PART 1 A COMMON AMBITION 1. Blockchain: from ideology to implementation 2. Blockchain’s toolbox 3. Blockchain and Darwin 4. Decentralization? 5. Comes antitrust: the paradox PART 2 BEST FRENEMIES? 6. The theory of the firm 7. The theory of granularity 8. Collusion on blockchain 9. Collusion using blockchain 10. Blockchain power 11. Blockchain and monopolization 12. Blockchain and merger control PART 3 ALLIES 13. Law + technology 14. Running the formula 15. Blockchain’s future Index

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Book SynopsisThis insightful book discusses the interaction of sector-specific regulation and competition policy. In particular, it identifies emerging trends and reflects on the nature of network regulation in the energy and telecom industries.Expert contributors examine the recent European Electronic Communications Code (EECC), as well the relevant regulatory framework in the electricity and pharmaceutical sectors. Chapters consider key topics, such as the recent antitrust investigations concerning the excessive price of off-patent drugs and the impact of digitalization on the future of network industries. The book also assesses several examples of the complex relationship between sector-specific regulation and competition policy; a relationship constantly swinging between complementarity and conflict.Providing a comparative analysis of EU competition policy at both the EU and national levels, this timely book will be a valuable resource for scholars and students of EU competition policy. It will also be beneficial for practitioners, specialising in the regulation of the telecom, energy and pharmaceutical industries.Table of ContentsContents: Preface xv List of abbreviations xvi 1 Introduction to The Interaction of Competition Law and Sector Regulation 1 Pier Luigi Parcu, Giorgio Monti and Marco Botta 2 Liberalizing network utilities: Economic principles and European regulatory experience 17 Martin Cave 3 Could ex ante regulation create incentives for anti-competitive behaviour? 35 Pietro Crocioni and Mateo Silos Ribas 4 Regulating connectivity: Linking the EU telecommunications framework to the digital future 63 Gera van Duijvenvoorde 5 Technology and the shifting boundaries of regulation and competition in the EU telecommunications sector 97 Pier Luigi Parcu and Maria Alessandra Rossi 6 The use of competition law as an instrument for re-assigning radio spectrum and energy resources 120 Gonçalo Coelho 7 Recent EU and Italian trends in the energy sector: Failure to provide information as abusive conduct 144 Mario Siragusa and Alice Setari 8 Recent CJEU case law on excessive pricing cases 169 Giovanni Pitruzzella 9 Market power and process in considering excessive pricing: The saga of a century old pharmaceutical remedy, phenytoin sodium, sold in capsules 188 Adam Scott 10 Excessive pricing in pharmaceutical markets: Recent cases in Italy and in the EU 210 Margherita Colangelo 11 Excessive pricing of pharmaceuticals in EU law: Balancing competition, innovation and regulation 233 Ilan Akker and Wolf Sauter Index

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Book SynopsisIs competition law able to deal with algorithmic collusion? This evaluative book provides an insight into tackling this important question for competition law, with contrasting critical perspectives, including theoretical, empirical, and doctrinal – the latter frequently from a comparative perspective.Bringing together scholarly discussion on algorithmic collusion, the book questions whether competition law is adeptly equipped to deal with its various facets. With a comprehensive overview of the recent literature on algorithmic collusion, chapters offer a critical appraisal of the effectiveness of competition law to deal with algorithmic collusion. Covering a unique collection of legal, theoretical, and experimental case studies, it initiates debate among legal scholars for a better understanding of the data upon which algorithms decide prices.With a comparative identification of both the potentialities and limitations of competition law in relation to algorithmic collusion, this book will be of key value to students and scholars of competition law, economics and finance. It will also be an invaluable resource for legal practitioners and policy makers in the field.Trade Review‘This book is essential reading for those with an interest in algorithmic collusion, or competition and technology more generally. I would also recommend it to those who have limited knowledge of this area of competition scholarship and feel overwhelmed by the sheer volume of existing literature available. This collection is an excellent starting point, as the early chapters are written in a very clear and accessible style. They do an excellent job of explaining the main issues and critically summarising and discussing the previous literature, setting the scene for the original contributions that follow.’ -- Andreas Stephan, Competition Policy Blog‘This unique book offers a window into the fascinating world of algorithmic collusion. Several contributions assess how this new phenomenon is dealt with under the laws of various jurisdictions (Australia, China, India, Japan and the EU). That alone would make the book worth the read, but there is more. Another chapter dives deep into the algorithms used by Uber and Amazon and draws implications on the likelihood of competition law infringements. Yet another chapter shares the results of a screening exercise for algorithmic collusion in Singapore. Together, the chapters in this book reflect the great diversity and originality of research into this topic, and take the reader on a wonderful journey through this novel area of competition law.’ -- Simon Vande Walle, The University of Tokyo, Japan‘In many online markets, prices are set in an automated manner by algorithms, which raises significant competitive concerns and numerous competition law issues, in particular the danger of collusive behaviour of algorithms. This collection of essays provides an excellent overview of the key economic and legal aspects of algorithmic collusion, as well as the approaches taken in different jurisdictions to address this problem. It is a valuable volume that should be consulted by all interested in algorithmic collusion and its economic and competition law aspects.’ -- Ulrich Schwalbe, University of Hohenheim, Germany.‘This collection of essays helps to improve our understanding across AI collusion.’ -- D. Daniel Sokol, USC Gould School of Law and Marshall School of Business, USTable of ContentsContents: Preface x Salil K. Mehra Acknowledgements xii 1 The algorithmic collusion debate: a focus on (autonomous) tacit collusion 1 Steven Van Uytsel 2 Algorithms and the limits of antitrust 39 Thomas Weck 3 Artificially intelligent collusion caught under EU competition law 48 Jan Blockx 4 Can the reformed Australian competition law stop algorithmic collusion? 67 Baskaran Balasingham 5 Tackling algorithmic collusion: the scope of the Indian Competition Act 92 Nikita Koradia, Kiran Manokaran and Zara Saeed 6 Challenges brought by and in response to algorithms: the perspective of China’s Anti-Monopoly Law 142 Wei Han, Yajie Gao and Ai Deng 7 Algorithmic collusion and the Japanese antimonopoly law 165 Steven Van Uytsel and Yoshiteru Uemura 8 Price-monitoring algorithms and resale price maintenance: an analysis of recent cases in Europe 189 Yoshiteru Uemura 9 Pricing in online grocery markets: challenges in monitoring competition 203 Cassey Lee and Gloria Lin 10 Algorithms unravelled: observations on the audit of Uber and Amazon marketplace algorithms 237 Steven Van Uytsel Index 260

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Book SynopsisThis timely book discusses the application of the EU competition rules to pharmaceuticals, covering the prohibitions on anticompetitive agreements and abuse of dominance, and merger control.The author team comprises academic experts and private practitioners who analyse recent case law at both EU (and UK) and Member State levels – in the context of current issues and future trends, including those related to COVID-19 – and examine the impact of competition law on the behaviour of the pharmaceutical industry. The book carefully considers the balance between competition and innovation, as well as between competition and regulation. It concludes that competition and regulation are not alternatives, but complementary, and that novel ways of taking into account risk and real innovation through competition assessments have been developed.Integrating an overview of competition law, IP law and pharmaceutical regulation, this book will be an ideal read for scholars and graduate students, as well as private and public practitioners interested in pharmaceutical and European law.Trade Review‘Pharmaceutical and vaccine markets are highly complex. In European healthcare systems, the state is the major purchaser, and so ordinary rules of competition law are insufficient in themselves to respond to the various dynamics at play: cost-effective innovation; access to medicines; burden on the public purse. But competition law is one of the aspects of the relevant regulatory toolkit, so it’s crucial to understand how it applies. This cross-disciplinary and timely book goes well beyond the superficial, in its analysis and critique of contemporary developments and the direction of travel of European competition law as it applies to pharmaceuticals.’ -- Tamara Hervey, City, University of London, UKTable of ContentsContents: Foreword xiv PART I INTRODUCTION, LEGAL AND ECONOMIC CONTEXT 1 Introduction 2 Marcel Canoy, Jotte Mulder and Wolf Sauter 2 Excessive pricing doctrine in the pharmaceutical sector: the space for reform 16 Frederick M Abbott 3 Evergreening exclusive rights in pharmaceutical products: the case of SPCs, paediatric extensions and orphan drugs 33 Frantzeska Papadopoulou 4 The economics of patents and innovation in pharma 48 Marcel Canoy and Matthijs Versteegh PART II THE COMPETITION CASES SECTION IIA PAY FOR DELAY AND PATENT STRATEGIES 5 Settlement agreements acknowledging patent validity in the United Kingdom 62 Okeoghene Odudu 6 Anticompetitive pharmaceutical patent settlements: the EU cases on pay-for-delay 79 Jotte Mulder and Wolf Sauter SECTION IIB EXCESSIVE PRICING 7 The Aspen case of the Italian Competition Authority 98 Claudia Desogus 8 Unfair pricing: policy considerations and recent experience in the pharmaceutical sector 113 Andrew Groves and Lourenço Ventura 9 Temporary dominance and excessive pharmaceutical pricing – CD Pharma (Denmark) 124 Behrang Kianzad 10 Excessive pricing for pharmaceuticals in the Netherlands: the Leadiant case 138 Freek Bruggert and Clara Ceulemans 11 The EU Aspen decision: the European Commission’s first excessive pricing decision in the pharmaceutical market 151 Harald Mische SECTION IIC DISPARAGEMENT AND MISLEADING INFORMATION 12 Disparagement: the European Union and France 175 Adrien Giraud, Juliette Raffaitin and Constance Dobelmann 13 The dissemination of misleading information in the pharmaceutical market: the Italian experience 199 Margherita Colangelo SECTION IID MERGERS AND PARALLEL TRADE 14 EU merger control in the pharmaceutical sector: an overview 213 Jan Truijens Martinez 15 Taking stock of the single market imperative in the Court’s case law on parallel trade in pharmaceuticals: are matters as settled as they seem? 229 Jotte Mulder PART III FUTURE DIRECTIONS 16 Towards responsive enforcement of EU antitrust in pharmaceuticals 248 Wolf Sauter 17 Excessive pricing in pharmaceuticals: perspectives from EU antitrust and regulation 264 Giorgio Monti and Leigh Hancher 18 Tackling grand challenges with competition law: lessons from the pandemic 281 Ioannis Lianos, Timo Minssen and Christy Kollmar Index

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Book SynopsisWith an interdisciplinary approach, this book elaborates and discusses the strategic, regulatory and economic scenario that the sponsorship of a European Digital Single Market has been generating for small- and medium-sized companies (SMEs). Encompassing expert innovative analysis of the regulatory framework, economic dynamics and organizational processes, SMEs in the Digital Era highlights the effects that these have and the complex process through which SMEs can enter and successfully compete in the digital market. With contributions from international scholars, this insightful book takes a deep dive into the current most relevant debates taking place in management, economics and law using original evidence from a variety of fields and countries. Chapters offer a fresh look at the new policies and regulatory tools required to meet the challenges of digitalization, reflecting on the effects on employment, competition and organizational processes, and how imbalances can impact the future of the technological revolution. Providing insights into the most advanced and recent research on digital markets, this will be an excellent resource for academics, practitioners, managers and policymakers in fields ranging from organization theory and organizational behaviour to strategy and economic analysis as well as economics and business law.Trade Review‘The necessary digitalization of small- and medium-sized companies in the single digital market of the EU leads them into a risky and disruptive interaction with the internet giants and widens the wage gap between the high and the low skilled. This highly recommended and pioneering book provides comprehensive insights into these and related issues, and the legal and economic policy responses in the European Union.’ -- Hans-Bernd Schäfer, Bucerius Law School, Germany‘The digital revolution is transforming economic and social relationships at a furious pace, creating exciting new opportunities but, of course, ubiquitous challenges. The potential for SMEs to be a vibrant source of growth and innovation is clear, and yet they are ostensibly falling short in the process. This excellent book offers insights as to the impact of the digital revolution on SMEs as well as means for them to discover their potential in a truly integrated European economy.’ -- – Michael G. Plummer, Johns Hopkins University SAIS Europe, ItalyTable of ContentsContents: Introduction: opportunities and challenges of the digital single market 1 Emanuela Carbonara and Maria Rita Tagliaventi PART I THE EVOLUTION OF ORGANIZATIONS IN THE DIGITAL ERA 1 Business models and organizational choices for SMEs in the digital single market 24 Giacomo Carli, Jeanette Hartley, and Maria Rita Tagliaventi 2 Digital technologies and female-led small and medium-sized enterprises: a possible new growth area 45 Luisa De Vita 3 Digital transformation of SMEs in agriculture 65 Nicoleta Darra, Aikaterini Kasimati, Michael Koutsiaras, Vasilis Psiroukis, and Spyros Fountas 4 Beyond the myths of digitalization: labor, space, and ecology in the digital age 84 Marco Marrone, Gianmarco Peterlongo, and Giorgio Pirina PART II AN ECONOMIC VIEWPOINT: ARTIFICIAL INTELLIGENCE, PLATFORMS, AND ECONOMIC POLICIES 5 Artificial Intelligence and robots: a threat or an opportunity for SMEs and entrepreneurship? 104 Emanuela Carbonara and Enrico Santarelli 6 Small-firm acquisitions, merger control, and digital markets: the Meta/Kustomer case 122 Giuseppina Gianfreda and Luisa Scorciarini Coppola 7 Digital platforms, multi-sided markets, and the anticommon problem 139 Matteo Alvisi 8 Tax challenges in the digital era 157 Alice Guerra PART III REGULATING DIGITALIZATION: THE EU APPROACH 9 Digital innovation in the legal framework of SMEs 176 Maria Alessandra Stefanelli 10 The disintermediation of small and medium-sized enterprises’ financing sources in the digital era 192 Beatrice Bertarini 11 The logistics industry in the digital era: problems and opportunities for the SMEs of the transport sector 208 Stefano Zunarelli 12 Simplifying the formation of companies in light of Digitalization Directive 2019/1151: an analysis of benefits and risks 224 Umberto Michele Carbonara Conclusions: digital technologies, organizational processes and enterprises: opportunities or challenges? 243 Emanuela Carbonara and Maria Rita Tagliaventi Index 251

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Book SynopsisSetting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in EU competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.Key Features: An overview of the history of LPP Discussions on the practice of LPP in the EU and globally Commentary on the relevant case law of the EU courts in relation to LPP in EU competition investigations Analysis of LPP in competition investigations in the EFTA countries, EU Member States, and other jurisdictions This book will be an essential resource for competition practitioners – both private practitioners and in-house counsel – as well as officials at the Commission and at the competition authorities and enforcement agencies.Trade Review‘The book is informative and well written. It provides a useful survey of legislation, case law and agency decisions affecting legal professional privilege in competition investigations. While its focus is on EU law, and specifically on investigations conducted by the European Commission, I find significant added value in the sections devoted to LPP protection in ten EU Member States, as well as in the EEA and in other major antitrust jurisdictions across the world. Apart from this emphasis on comparative law, what makes this book stand out is the effort to compile, reference and discuss every major precedent as far as EU law is concerned. I would recommend this book to anybody looking for an up-to-date and well-structured approach to this topic.’ -- Eric Gippini Fournier, European Commission‘In today's globalized world, this new book provides a much needed and up-to-date perspective on the handling of legal professional privilege in key jurisdictions. Useful advice is given in this regard to avoid costly mistakes and minimize risks of undesirable leaks. In a prospective manner, the book also argues convincingly for a revision of the rules, inter alia so that the current approach as followed in most jurisdictions be broadened to communication with in-house counsel and lawyers from foreign jurisdictions.’ -- Denis Waelbroeck, Ashurst, BelgiumTable of ContentsContents Preface 1. Introduction to Legal Professional Privilege in EU Competition Investigations 2. The notion of LPP in EU competition investigations 3. History of LPP 4. Relevant case law of the EU Courts in relation to LPP in EU competition investigations 5. Relevant EU legislation and soft law acts in relation to LPP in EU competition investigations 6. LPP in European Commission’s investigations 7. The current conditions for LPP protection in EU competition investigations 8. LPP in the context of EU merger control 9. LPP in competition investigations in the EFTA countries 10. LPP in competition investigations in the EU Member States 11. LPP in jurisdictions other than the EU 12. Conclusion Bibliography Index

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Book SynopsisCombining a variety of perspectives, this accessible Research Handbook provides a comprehensive and in-depth analysis of the most significant issues pertaining to the legal regulation of cartel activity.Its interdisciplinary team of top scholars explores theoretical, legal, economic, political, and comparative discourse surrounding cartel regulation. Collectively, its chapters address the major economic, substantive, and procedural issues encountered in cartel law and provide practical insight into the experiences of numerous jurisdictions from across the globe concerning anti-cartel enforcement. Rigorous and authoritative, this Research Handbook captures the informed views of various stakeholders in the debate at hand, including those of competition law academics, competition law economists, practising lawyers, and competition law enforcers.Given its scope and depth, this Research Handbook will be essential reading for academics, practitioners, and policymakers interested in competition law generally and in cartel law in particular. It will also be beneficial as a supplementary reading resource for students of competition law, most notably those examining the issues of cartel regulation.Trade Review‘This Research Handbook succeeds in its twin aims, namely of succinctly reminding us what we already know about cartels and collusion, and of mapping out how much we still need to explore. This group of authors is well placed to help shape the discussion going forward.’ -- Daniel Sokol, University of Southern California, Gould School of Law, USTable of ContentsContents: Introduction to the Research Handbook on Cartels 1 Peter Whelan PART I FUNDAMENTAL CONCEPTS 1 The practical requirements of a successful cartel 5 Joseph E. Harrington, Jr 2 The prevalence and injuriousness of cartels worldwide 22 John M. Connor and Robert H. Lande 3 An historical account of anti-cartel enforcement 45 Susanna Fellman and Martin Shanahan 4 The morality of cartel activity 73 Andreas Stephan PART II SUBSTANTIVE ISSUES 5 The legal concept of a cartel 90 Okeoghene Odudu 6 Cartels and the concept of the firm 102 Christopher Sagers 7 The concept of a Single and Complex Continuous Infringement 118 Stefan Thomas 8 Lawful cartels 135 Or Brook 9 Cartel facilitation 156 Christopher Harding 10 The concept of a ‘hub-and-spoke conspiracy’ 169 Mark Furse 11 Algorithmic tacit collusion 187 Ariel Ezrachi and Maurice E. Stucke 12 Smart contracts and cartel law 213 Salil K. Mehra 13 Cartels and the exchange of information 221 Daniel A. Crane 14 Buyer cartels 234 Peter C. Carstensen 15 Crisis cartels 251 Éric Barbier de La Serre PART III PROCEDURAL ISSUES 16 The difficulties of proving an unlawful cartel 271 Fernando Castillo de la Torre 17 Leniency programmes 288 Cristina A. Volpin and Peerapat Chokesuwattanaskul 18 Cartels and fines 308 Florian Smuda 19 Cartel activity and recidivism 332 Catarina Marvão 20 The criminalization of cartel activity 351 Bruce Wardhaugh 21 Calculating cartel damages 369 Cento Veljanovski 22 Cross-border cartels and international cooperation 388 Pierre Horna and Sophie Hunter PART IV CARTEL LAW IN PRACTICE 23 The European Union 401 Paolisa Nebbia 24 India and Pakistan 419 Amber Darr 25 Hong Kong and Mainland China 438 Thomas K. Cheng 26 Association of Southeast Asian Nations 454 Rachel Burgess 27 Australia and New Zealand 476 Julie Clarke 28 South America 500 Juan David Gutiérrez 29 North America 521 Steven F. Cherry, Claire Bergeron, Lauren Ige, Mark Katz, Dajena Pechersky, Ernesto Duhne and Ivan Szymanski Index

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Book SynopsisOffering a comprehensive overview of the major issues that arise in the enforcement of competition laws, this book takes an interdisciplinary approach to the topic, reviewing the development of Korean competition laws and their enforcement with rigorous economic analysis. Chapters build on the Korean experience, providing guidance to the capacity-building efforts of developing countries that have recently introduced competition laws. In this exciting new book, an international team of experts compares market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada. The exploration of clear trends both in Korea and globally will prove valuable to scholars and students of industrial competition policy, and law and economics. It will also be useful to policy-makers, particularly those in developing countries, looking to better understand the issues surrounding competition law and designing future policies. Table of ContentsContents: Preface by Jeong Pyo Choi ix 1 Introduction and overview 1 Jay Pil Choi, Wonhyuk Lim and Sang-Hyop Lee PART I SETTING THE STAGE 2 Competition law and economics: international cooperation and convergence in competition policy 13 Jay Pil Choi PART II MARKET STRUCTURE 3 Market structure and market studies 30 William E. Kovacic 4 An empirical study of the competitive pressure of the foreign sector in Korea 51 Suil Lee PART III ABUSE OF DOMINANCE 5 Structured rule of reason analysis of tying arrangements 82 Yong Hyeon Yang PART IV MERGER AND COLLUSION 6 Comments on merger guidelines 111 Joseph Farrell 7 What next? Cartel strategy after getting caught 125 Robert C. Marshall, Leslie M. Marx and Claudio Mezzetti PART V VERTICAL RESTRAINTS 8 Competition policy and the economics of vertical restraints 146 Ralph A. Winter 9 Resale price maintenance in a multi-producer and multi-distributor setting 174 Se Hoon Bang and Yangsoo Jin 10 Retail price coordination in Korean department stores: the specific purchase contract 190 Woohyun Chang Index

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

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Book SynopsisThis timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues.Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US. This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.Trade Review'This is an impressive book, featuring contributions from all over the world and organized around a critical, under-examined theme: What assumptions are relied on in competition law analysis, and are they fit for the purpose as applied to globalized and digitalized markets? The reader will find some new voices and fresh thinking, as typically assembled and provoked by ASCOLA, the international academic society of competition law researchers.' -- Eleanor Fox, New York University, USTable of ContentsContents: Introduction viii PART I NEW CHALLENGES IN THE DIGITAL SPHERE 1 Cooperation, dependence, and eviction: how platform-to-business coopetition relationships should be addressed in mobile telephony ecosystems 2 Frédéric Marty and Julien Pillot 2 Technological tying: unbundling the assumptions 22 Stephen Dnes 3 Understanding the role of agricultural data on market power in the emerging Digital Agriculture sector: a critical analysis of the Bayer/Monsanto decision 41 Can Atik PART II NEW CHALLENGES TO EMERGING COUNTRIES 4 Merger control in China’s digital economy: challenges and prospects 80 Wei Han and Yajie Gao 5 The adoption of specialised competition tribunals in Latin American countries: transplants and commonalities among them 106 Claudia O’Kane 6 Where influence lies in the international competition network 124 Christopher Townley 7 Cartels’ little helpers: a comparative study of the case law regarding the facilitators of collusion in Europe, United States and South America 161 Andrés Calderón PART III NEW INSTITUTIONAL CHALLENGES 8 Public interest considerations in European merger control regimes 184 Oliver Budzinski and Annika Stöhr 9 Formalism, fairness and freedom of contract: abuse of dominance in the UK courts and the business ‘Achilles heel’ of objective justification 206 Barry J. Rodger 10 Using trade tools to counteract anticompetitive conduct within global value chains: competition chapters in trade agreements 238 Galyna Kostiukevych Index

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Book SynopsisIn this fresh examination of the Microsoft antitrust case, Richard Gordon critically examines the economics of the US government's arguments. The conclusion is that the government presented a sketchy, incoherent, invalid economic case and relied upon creating the impression of misdeeds to persuade the courts. The primary charge is that Microsoft possessed an impregnable monopoly in operating systems for personal computers. According to the government, Microsoft created, included in its operating system, and vigorously promoted its internet browser solely to prevent the development of the Java/Netscape alternative. The promotion of this browser was considered predatory. Microsoft allegedly undertook similar acts against other companies. According to Gordon, the government failed to present even a clear statement of its charges and failed to substantiate the critical allegations. In this book, he concentrates on the underlying economics of the case and reviews the germane theory. He presents and evaluates implicit government arguments as well as Microsoft's refutations.Readers in economics, law and public policy will find this well researched analysis enlightening.Trade Review'This volume is a careful discussion valuable for its reporting of and attention to details discussed elsewhere only in more general terms. The comprehensive bibliography lists about 225 publications, making this a good resource for publications on Microsoft up to early 2001. Highly recommended for general readers, professionals, and academic audiences, upper-division undergraduates through faculty.' -- R.A. Miller, Choice'This is by far the most thorough, detailed, and careful economic analysis of the Microsoft case by a non-partisan third party. The author provides a window into the central set of ideas that provided the groundwork of the case and painstakingly presents the material in a manner that can be understood by readers. He also examines, in a clear and unbiased way, the testimony of the economists on both sides of the case. Anyone interested in fundamental ideas and concepts, as opposed to superficial anecdotes, should consult this book. This book would be an excellent choice in or out of the classroom.' -- Stan Liebowitz, University of Texas, Dallas, US'Gordon has provided us with a detailed roadmap of the economic argument of the Microsoft case, including a thorough examination of the economic theories that were used and an exceptionally careful examination of the trial record. He shows the remarkable weakness of both the theory and evidence that underpin the government's case. The result is an indictment of both the legal process in the case and antitrust in general.' -- Stephen E. Margolis, North Carolina State University, USTable of ContentsContents: Preface 1. Introduction: The Case and Its Critics 2. Modern Economics and the Microsoft Case 3. Determinants of Monopoly in Theory and Practice 4. Predation, Tying, Vertical Squeezes, and Other Competitive Tactics 5. QWERTY: Threat or Fable, Towards the Applications Barrier to Entry 6. Introduction to the Case 7. The Treatment of Monopoly in the Case 8. Microsoft’s Tactics: Predation, Tying, and Threats in Theory 9. Microsoft’s Tactics: Predation, Tying, and Threats in Practice 10. After the Facts: Decisions and Commentary 11. Summary and Conclusions Bibliography Index

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Book SynopsisThe past few decades have witnessed a growth in the importance of services in the economy, yet until the 1980s, scholarly literature on the expanding role of trade in services in the world economy remained scarce. This timely research review, edited by a leading analyst in the field, brings together seminal works on the WTO and trade in services published in the last twenty-five years. Areas covered in this important set include the determinants and patterns of trade in services, services in regional integration agreements and the GATS. This book will be of immense value to scholars and practitioners interested in this evolving and increasingly relevant field of study. Trade Review’[A] comprehensive collection of 48 articles on trade in services spanning the period from 1985 to 2009, is a timely addition to the existing literature on the subject. . . This book is truly multidisciplinary in its approach. Its articles include contributions from leading academics, legal practitioners, national policymakers, and staff of the European Commission, WTO, and the World Bank. . . The introduction presents a splendid overview of the articles featured in the book. He not only succinctly summarises the main findings of each of the articles but also very aptly introduces the reader to the important relevant works on the topics covered in these articles. . . Reviewing a book consisting of so many articles by various authors in less than a thousand words is by no means an easy task and it entails the unfortunate omission of even merely mentioning brilliant individual articles which warrant discussion. This is in a way testament of the complexity of the task that the editor might have faced in selecting and commenting on articles covering a period of almost a quarter of a century. He must be highly commended for performing those tasks very successfully as the articles, as diverse as they are, seem to fit together. . . Because of the coverage of very well written articles by lawyers, economists, scholars of international relations, public policy, and political science, the book would be significant for scholars, practitioners, and policymakers. . . the book would be an invaluable tool for undertaking any comprehensive research on the global trade in services. In view of its all-embracing scope, this book may well be an essential beginning point for researchers on trade in services for a considerable period of time.’ -- Mohammad Rizwanul Islam, Asian Journal of International Law‘The availability of this vast collection of economics literature on services published since the mid-1980s is likely to prove useful not only to the negotiators but to the hundreds of economists, government and non-government public policy officials, lawyers and students who seek a better understanding of the complex issues and challenges raised by services trade and the ISA negotiations. . . a significant volume of important literature from the 25-year period 1984–2009. . . This collection should thus be useful for any professional interested in services trade.’ -- David A. Gantz, International Trade Law and Regulation‘The WTO and Trade in Services offers great value to academics, policymakers and practitioners in this increasingly important area of study as the services-intensity of global economies continues to expand and we are very grateful to Elgar for this most useful and apposite compilation.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Volume I Acknowledgements Introduction Bernard Hoekman PART I DETERMINANTS AND PATTERNS OF TRADE IN SERVICES 1. Joseph F. Francois and Kenneth A. Reinert (1996), ‘The Role of Services in the Structure of Production and Trade: Stylized Facts from a Cross-Country Analysis’ 2. André Sapir (1993), ‘The Structure of Services in Europe: A Conceptual Framework’ 3. Joseph F. Francois (1990), ‘Producer Services, Scale, and the Division of Labor’ 4. Richard H. Snape (1990), ’Principles in Trade in Services’ 5. Brian Hindley (1990), ‘Principles in Factor-related Trade in Services’ 6. Alan Deardoff (1985), ‘Comparative Advantage and International Trade and Investment in Services’ 7. Jagdish Bhagwati, Arvind Panagariya and T.N. Srinivasan (2004), ‘The Muddles over Outsourcing’ 8. J.J. Boddewyn, Marsha Baldwin Halbrich and A.C. Perry (1986), ‘Service Multinationals: Conceptualization, Measurement and Theory’ 9. James R. Markusen (2005), ‘Modeling the Offshoring of White-Collar Services: From Comparative Advantage to the New Theories of Trade and Foreign Direct Investment’ 10. Obie G. Whichard (2000), ‘Measurement and Classification of Service Sector Activity: Data Needs for GATS 2000’ 11. Robert E. Baldwin and Fukunari Kimura (1998), ‘Measuring U.S. International Goods and Services Transactions’ 12. Jack E. Triplett and Barry P. Bosworth (2000), ‘Productivity in the Services Sector’ 13. Karel Havik, Kieran McMorrow, Werner Röger and Alessandro Turrini (2008), ‘The EU-US Total Factor Productivity Gap: An Industry Perspective’ PART II SERVICES POLICIES, TRADE AND WELFARE 14. Tony Warren and Christopher Findlay (2000), ‘Measuring Impediments to Trade in Services’ 15. Philippa Dee, Kevin Hanslow and Tien Phamduc (2003), ‘Measuring the Cost of Barriers to Trade in Services’ 16. J. Bradford Jensen and Lori G. Kletzer (2005), ‘Tradable Services: Understanding the Scope and Impact of Services Offshoring’ 17. Denise Eby Konan and Keith E. Maskus (2006), ‘Quantifying the Impact of Services Liberalization in a Developing Country’ 18. Thomas Rutherford, David Tarr and Oleksandr Shepotylo (2005), ‘The Impact on Russia of WTO Accession and the DDA: The Importance of Liberalization of Barriers against FDI in Services for Growth and Poverty Reduction’ 19. Henk Kox and Arjan Lejour (2006), ‘The Effects of the Services Directive on Intra-EU Trade and FDI’ 20. Felix Eschenbach and Bernard Hoekman (2006), ‘Services Policy Reform and Economic Growth in Transition Economies’ 21. Alan V. Deardorff (2001), ‘International Provision of Trade Services, Trade, and Fragmentation’ 22. David Hummels (2007), ‘Transportation Costs and International Trade in the Second Era of Globalization’ 23. Joseph Francois and Ian Wooton (2001), ‘Market Structure, Trade Liberalization and the GATS’ 24. James Hodge (2002), ‘Liberalization of Trade in Services in Developing Countries’ 25. Stijn Claessens, Asli Demirgüç-Kunt and Harry Huizinga (2001), ‘How Does Foreign Entry Affect Domestic Banking Markets?’ 26. Joseph F. Francois and Ian Wooton (2001), ‘Trade in International Transport Services: The Role of Competition’ 27. Carsten Fink, Aaditya Mattoo and Ileana Cristina Neagu (2002), ‘Trade in International Maritime Services: How Much Does Policy Matter?’ 28. Yoon Je Cho (1988), ‘Some Policy Lessons from the Opening of the Korean Insurance Market’ 29. Terrie L. Walmsley and L. Alan Winters (2005), ‘Relaxing the Restrictions on the Temporary Movement of Natural Persons: A Simulation Analysis’ Volume II Acknowledgements An introduction to both volumes by the editor appears in Volume I PART I THE GATS: GENESIS AND STATE OF PLAY 1. William J. Drake and Kalypso Nicolaïdis (1992), ‘Ideas, Interests, and Institutionalization: “Trade in Services” and the Uruguay Round’ 2. Bernard Hoekman (1996), ‘Assessing the General Agreement on Trade in Services’ 3. Rudolf Adlung and Martin Roy (2005), ‘Turning Hills into Mountains? Current Commitments Under the General Agreement on Trade in Services and Prospects for Change’ 4. Batshur Gootiiz and Aaditya Mattoo (2009), ‘Services in Doha: What’s on the Table?’ 5. Bernard Hoekman (2008), ‘The General Agreement on Trade in Services: Doomed to Fail? Does it Matter?’ 6. Aaditya Mattoo (2003), ‘China’s Accession to the WTO: The Services Dimension’ 7. Felix Eschenbach and Bernard Hoekman (2006), ‘Services Policies in Transition Economies: On the EU and WTO as Commitment Mechanisms’ 8. Rudolf Adlung (2006), ‘Public Services and the GATS’ 9. Peter C. Evans (2003), ‘Strengthening WTO Member Commitments in Energy Services: Problems and Prospects’ 10. Claude Trolliet and John Hegarty (2003), ‘Regulatory Reform and Trade Liberalization in Accountancy Services’ 11. Damien J. Neven and Petros C. Mavroidis (2006), ‘El Mess in TELMEX: A Comment on Mexico - Measures Affecting Telecommunications Services’ 12. Joost Pauwelyn (2005), ‘Rien ne va plus? Distinguishing Domestic Regulation from Market Access in GATT and GATS’ 13. Alejandro Jara and M. del Carmen Domínguez (2006), ‘Liberalization of Trade in Services and Trade Negotiations’ 14. Aaditya Mattoo (2005), ‘Services in a Development Round: Three Goals and Three Proposal’ 15. Pierre Sauvé (2002), ‘Completing the GATS Framework: Safeguards, Subsidies and Government Procurement’ PART II SERVICES IN REGIONAL INTEGRATION AGREEMENTS 16. Aaditya Mattoo and Carsten Fink (2004), ‘Regional Agreements and Trade in Services: Policy Issues’ 17. Martin Roy, Juan Marchetti and Hoe Lim (2007), ‘Services Liberalization in the New Generation of Preferential Trade Agreements (PTAs): How Much Further than the GATS?’ 18. Carsten Fink and Marion Jansen (2009), ‘Services Provisions in Regional Trade Agreements: Stumbling Blocks or Building Blocks for Multilateral Liberalization?’ 19. Mario Marconini (2009), Revisiting Regional Trade Agreements and Their Impact on Services Trade

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Book SynopsisThis impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinised and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes. This volume sets forth an agenda for future research by providing a critical overview of merger remedies and their implementation in the EU and US. It will become the requisite study in the field for scholars of industrial organisation, law and economics, and for legal practitioners and policymakers working in the realm of competition law.Trade Review'The editors aimed to launch the relevant research agenda and develop questions, ideas and information for future research. This goal should be most welcome and has been fully achieved.' -- Alexandre de Streel, European Competition Law ReviewTable of ContentsContents: Introduction Part I: Legal Principles and Procedures 1. The Commission’s Notice on Merger Remedies 2. The Essential Stability of Merger Policy in the United States 3. Solving Competition Problems in Merger Control: The Requirements for an Effective Divestiture Remedy 4. A Comparison of Merger Review and Remedy Procedures in the United States and the European Union 5. Some Comments on Procedure and Remedies under EC Merger Control Rules: Something Rotten in the Kingdom of the EC Merger Control? Part II: Economic Analysis 6. Negotiation and Merger Remedies: Some Problems 7. Merger Remedies in the European Union: An Overview 8. Economic Analysis and the Choice of Remedies Part III: Cases in High-Tech Industries 9. Access Remedies in High-Technology Antitrust Cases 10. Design and Implementation of Merger Remedies in High-Technology Industries 11. Telecommunications Mergers in the EU and US: A Comparative Institutional Analysis Index

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Book SynopsisThis fascinating book explores the management of the internal market from a legal perspective. While the EU agenda is currently dominated by the processes of Treaty reform, this assessment of both market and constitutional governance evaluates the coherence or otherwise of the project at the very core of European integration. Confronted with a free market nearing completion, with a relatively formulaic application of internal market law, the book portrays how this is mirrored in a growing tendency to hand the market 'back' to the Member States and, increasingly, to authorities and bodies (both public and private) therein. We see too, however, an internal market framework that strains to cope with a series of challenges, both internal and external to the EU itself. The approach of the contributors is twofold - on one hand they reflect thematically on questions of regulation which cut across the spectrum of the market and its freedoms. On the other hand they adopt more sector-specific lenses (including, for example, regulation of the media and the Internet) through which contemporary regulatory dynamics can be reconsidered.Providing analysis of contemporary challenges facing the internal market, this book will be of great interest to academics, researchers and students working in the field of EC law. It will also appeal to national and Community policy makers as it seeks to locate the constitutional and regulatory boundaries of the internal market sphere.Trade Review‘Regulating the Internal Market is a valuable addition to the literature on this important topic and will be of interest to all those concerned with EU law.' -- Paul Craig, European Law Review'The insight given by the book. . . is absolutely indispensable for those who interact with the internal market. It is a goldmine of thought waiting to be discussed, used and put to the test.' -- Ida Otken Eriksson, European Law JournalTable of ContentsContents: Introduction Niamh Nic Shuibhne 1. The Internal Market: History and Evolution Laurence W. Gormley 2. Supply of and Demand for Internal Market Regulation: Strategies, Preferences and Interpretation Stephen Weatherill 3. Non-Market Values in Internal Market Legislation Bruno de Witte 4. Competition and the Liberalised Market Erika Szyszczak 5. European Community Media Regulation in a Converging Environment Rachael Craufurd Smith 6. The Legal Framework for Financial Services and the Internet Michel Van Huffel 7. Monetary Movements and the Internal Market John Usher 8. Abstractness and Concreteness in the Preliminary Reference Procedure: Implications for the Division of Powers and Effective Market Regulation Gareth Davies 9. The Internal Market and the Individual Robert Lane 10. The External Dimension of the Internal Market and the Individual Panos Koutrakos 11. Internal Market Governance in a Globalised Marketplace: The Case of Air Transport Nick Bernard 12. The Legality of the EC Mutual Recognition Clause under WTO Law Lorand Bartels Index

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Book SynopsisThis comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the 'more economic approach' and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework.These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.Trade Review'The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies.' -- Ioannis Lianos, World Competition'Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.' -- Madhu Sahni, Journal of Intellectual Property Rights'This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all.' -- IPKAT'Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or.' -- Marianne Levin, Stockholm University, SwedenTable of ContentsContents: Preface PART I: OVERARCHING POLICIES AND ECONOMIC THEORIES 1. Competition Law and Intellectual Property Rights – Outline of an Economics-based Approach Olav Kolstad 2. Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law? Josef Drexl 3. The Contestability of IP-Protected Markets Andreas Heinemann 4. Assessing the Effects of Intellectual Property Rights in Network Standards Mark-Oliver Mackenrodt PART II: CONTRACTUAL ARRANGEMENTS 5. The New EC Competition Law Framework for Technology Transfer and IP Licensing Steve Anderman 6. Patent Pools – Policy and Problems Hanns Ullrich 7. The Competitive Effects of Patent Field-of-Use Licences Mark R. Patterson 8. Patent and Know-How Licences under the Japanese Antimonopoly Act Junko Shibata PART III: UNILATERAL RESTRAINTS 9. Unilateral Refusal to License Indispensable Intellectual Property Rights – US and EU Approaches Beatriz Conde Gallego 10. Patent Power and Market Power: Rethinking the Relationship between Intellectual Property Rights and Market Power in Antitrust Analysis Clifford A. Jones 11. Making Antitrust and Intellectual Property Policy in the United States: Requirements Tie-ins and Loyalty Discounts Warren S. Grimes PART IV: MERGER CONTROL 12. New Technologies and Mergers Josef Bejček PART V: THE EFFECT OF IP LAWS AS SUCH ON COMPETITION 13. Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion Annette Kur 14. One, None, or a Hundred Thousand: How Many Layers of Protection for Software Innovations? Gustavo Ghidini and Emanuela Arezzo 15. Development of the Economics of Coypright Christian Handke, Paul Stepan and Ruth Towse PART VI: NATIONAL IP RIGHTS AND CROSS-BORDER COMPETITION 16. Intellectual Property, the Internal Market and Competition Law Stefan Enchelmaier 17. The Exhaustion/Competition Interface in EC Law – Is There Room for a Holistic Approach? Ole-Andreas Rognstad 18. Competition Policy and Intellectual Property in the WTO: More Guidance Needed? Robert D. Anderson Index

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Book SynopsisMajor developments have recently taken place in competition and antitrust policy in both the UK and EU. Following an informative overview, this timely volume presents authoritative accounts of recent changes and clear analyses of current policy. As well as discussing new developments in policy towards monopolies, mergers, cartels and state aids, it features chapters on the treatment of vertical restraints and regulated industries. The text also includes a discussion of the relationship between competition policy and intellectual property rights, and concludes with a forward-looking assessment.Offering a concise account of competition policy developments, this monograph will be of great interest to academics in business and economics, as well as lawyers in both jurisdictions.Trade Review'This very welcome addition to the literature provides a comprehensive and up-to-date discussion of the many recent changes in EU and UK competition policy. As well as the core issues of single firm dominance, merger and restrictive practices, the book also has detailed coverage of the competition problems raised by the regulated industries, intellectual property rights and state aids. The analysis is accompanied by a host of examples from recent cases. The book thus provides an invaluable source of reference and should gain a wide audience amongst economists, lawyers and policymakers.' -- Michael A. Utton, University of Reading, UK and Dongbei University of Finance and Economics, Dalian, ChinaTable of ContentsContents: Preface 1. Introduction Roger Clarke and Eleanor J. Morgan 2. Dominant Firms and Monopoly Policy in the UK and EU Roger Clarke 3. UK Merger Policy Peter Maunder 4. Merger Policy in the EU Eleanor J. Morgan 5. Horizontal Agreements and Restrictive Practices Policy in the UK and EU Roger Clarke and Eleanor J. Morgan 6. EU and UK Vertical Restraints Policy Reform Paul W. Dobson 7. Competition and Regulated Industries John Cubbin 8. Competition and Intellectual Property Rights in the European Union Claude Crampes, David Encaoua and Abraham Hollander 9. EU State Aid Control Fiona Wishlade 10. Conclusions and Future Prospects Roger Clarke and Eleanor J. Morgan References Index

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Book SynopsisThis comprehensive book contains case studies on the evolution of competition policy, with an emphasis on merger policy, for seven major US industries that have experienced substantial deregulation in the past forty years - electricity, natural gas, telecommunications, railroads, airlines, hospitals and banking. Also included is a comparison of the EU's experience in attempting to bring about competition in the energy, finance, and airline industries. The contributors to the volume, each a recognized expert on the industry examined, explore the positive and negative implications of the substitution of market-oriented processes for historic patterns of command and control regulation. The chapters reveal clear similarities in the economic, legal and public policy issues that have arisen following deregulation of these economic sectors. Together they provide a good basis to discern the consistency of the problems and the relative success of differing responses to these issues over a range of industries going through similar transformation. While taking a basically positive view of the movement away from direct regulation, the contributors identify a number of continuing problems with achieving workable competition in these industries. The thorough analyses presented here will be of great value to law, economics, and political science researchers interested in deregulation, economic consultants advising government agencies or private parties, attorneys who focus on deregulated industries, policy planners at the agencies overseeing these industries, and students in advanced seminars on economic regulation.Trade Review'The thorough analyses presented in the book provide the reader with a good overview of the deregulation process in the respective industries. . . Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries is a valuable resource for researchers of law, economics, and political science. . .' -- Volker Soyez, European Competition Law ReviewTable of ContentsContents: 1. Introduction and Overview Peter C. Carstensen and Susan Beth Farmer 2. Mergers in the US Electric Power Industry Richard J. Pierce 3. Natural Gas Pipelines: Can Merger Enforcement Preserve the Gains from Restructuring? Diana L. Moss 4. Telecommunications Mergers Jim Chen 5. Merger Analysis in the Post-Staggers Railroad Industry Curtis M. Grimm 6. Airline Mergers – Second-best Results in a Changed Environment Peter C. Carstensen 7. Hospital Mergers Thomas L. Greaney 8. Mergers and Competition Policy in the Banking Industry Bernard Shull 9. The European Experience with Merger and Deregulation Susan Beth Farmer 10. Reflections on Mergers and Competition in Formerly Regulated Industries Peter C. Carstensen Index

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Book SynopsisDuring its first fifteen years, the EU's merger control system, unlike most others in the world, offered only minimal possibilities for taking efficiency gains into account as a mitigating factor that might offset the anti-competitive effects of a merger. This book examines the background to a change in the legal framework which occurred in May 2004 with the entry into force of a new Merger Regulation that for the first time explicitly recognises the possibility of an efficiency defence.European Merger Control assesses the likely impact of this new regulation, and discusses the pros and cons of the efficiency defence, how other merger control systems deal with efficiencies, how the investigation process can be organised to accommodate the analysis of efficiency gains and the main theoretical and practical problems which arise when anti-competitive effects have to be weighed against efficiency gains.With contributions from distinguished academics in the field of industrial economics and officials with practical experience of merger control, this book will be of interest to consulting economists practising in the field of competition policy, competition lawyers, micro-economists and officials of competition authorities.Trade Review'It is an interesting and valuable contribution to the competition literature. It brings together in one place the arguments, both theoretical and empirical, in favour of the introduction of an efficiencies defence. . . the book is a very helpful reference on the consequences of mergers, and on the nature and source of efficiency benefits, particularly economies of scale. . . The papers that comprise this book are a rewarding read both for competition lawyers and for economists. Further, although the discussion of efficiencies is directed towards assessment of merger issues, it has wider application, especially in relation to vertical restraints.' -- Rhonda L. Smith, Competition and Consumer Law JournalTable of ContentsContents: Foreword Mario Monti Introduction 1. M&A Activity and Merger Control since 1991 Roderick Meiklejohn 2. European Merger Control: Do We Need an Efficiency Defence? Fabienne Ilzkovitz and Roderick Meiklejohn 3. Efficiency Gains from Mergers Lars-Hendrik Röller, Johan Stennek and Frank Verboven 4. Merger Control and Enterprise Competitiveness: Empirical Analysis and Policy Recommendations Johan Stennek and Frank Verboven 5. Efficiencies in Merger Control Jrissy Motis, Damien Neven and Paul Seabright Index

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Book SynopsisIn modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part are complementary, sharing common goals of promoting innovation and economic welfare. In some cases, however, their distinct approaches, one based on competition and the other on exclusion, come into conflict. As antitrust authorities focus increasingly on ensuring that firms do not interfere with innovation by rivals or impede the pace of technological progress in an industry, they necessarily must confront difficult questions about the strength and scope of intellectual property rights. When should private property rights give way to public competition objectives? When is it appropriate to remedy anticompetitive outcomes through access to protected intellectual property? How does antitrust enforcement or competition itself affect incentives to innovate? Leading economists and lawyers address these questions from both US and EU perspectives in discussing salient antitrust cases involving intellectual property rights such as Microsoft, Magill, Kodak, IMS and Intel.Offering a non-technical introduction to this major topic, this book will be of interest to those practitioners and legal and economic scholars who may only be aware of one side of the conflicting views on competition law and intellectual property law. It will also be of interest more generally to schools and universities of law in the EU and the US.Trade Review'The high-level articles in Antitrust, Patents and Copyright provide an excellent international comparative look at the increasingly important intersection between anti-trust and IP. . . a valuable and welcome contribution to the literature in this field.' -- - SCRIPT-ed - The Online Law and Technology Journal'I very much liked this book both for its subject-matter and the way it has been written clearly drawing out the key legal, public policy and economic threads of this difficult subject. If one is looking for a work that thoroughly explores the current boundaries in this important area then this book is a good buy.' -- Philip Allery, European Competition Law Review'. . . this book is strongly recommended to knowledgeable readers who are looking for an informative, clear and interesting comparison of the current US and European positions and case law.' -- David Rogers, European Intellectual Property Review'This volume offers a fresh perspective on the IP/antitrust interface. Its blend of economic policy analysis and provocative policy prescriptions is particularly noteworthy. It is noteworthy for the scope of its coverage (patent, copyrights, and database protection) and international focus. I would highly recommend this book to anyone seeking a sophisticated comparative perspective on the harmonization of IP and antitrust enforcement policies.' -- Alden Abbott, US Federal Trade CommissionTable of ContentsContents: Introduction 1. Competition Policy and Intellectual Property: Redefining the Role of Competition Agencies 2. Unilateral Refusals to License in the US 3. The Application of the Essential Facility Doctrine to Intellectual Property Rights under European Competition Law 4. The Strategic Use of Patents: Implications for Antitrust 5. Innovation, Leveraging and Essential Facilities: Interoperability Licensing in the EU Microsoft Case 6. Adverse Selection and the Legal Protection of Intellectual Property Rights 7. Copyright and ‘Market Power’ in the Marketplace of Ideas 8. Copyright and the DMCA: Market Locks and Technological Contracts 9. Abuse of Database Right: Sole-Source Information Banks under the EU Database Directive Index

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Book SynopsisThis timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate.With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.Trade Review'. . . the criminalization debate is set to continue and this collection provides a valuable contribution to that debate.' -- Okeoghene Odudu, European Law ReviewTable of ContentsContents: 1. Law and Economics of Criminal Antitrust Enforcement: An Introduction Katalin J. Cseres, Maarten Pieter Schinkel and Floris O.W. Vogelaar 2. Criminal Competition Law Enforcement: Taking Stock on the Debate Claus-Dieter Ehlermann PART I: ECONOMIC AND LEGAL IMPLICATIONS OF CRIMINAL COMPETITION LAW ENFORCEMENT 3. Competition Policy and Cartels: The Design of Remedies William E. Kovacic 4. Is Criminalization of EU Competition Law the Answer? Wouter P.J. Wils 5. How Strong is the Case for Criminal Sanctions in Cartel Cases? Andreas P. Reindl 6. Criminalization of Cartels and their Internal Organization Giancarlo Spagnolo 7. Economic and Legal Implications of Criminal Competition Law Enforcement: Discussion by Panel Claus-Dieter Ehlermann, William E. Kovacic, Giancarlo Spagnolo, Andres P. Reindl and Wouter P.J. Wils PART II: CRIMINALIZATION AND LENIENCY 8. Requests for Leniency in the EU: Experience and Legal Puzzles Dirk Schroeder and Silke Heinz 9. Criminalization and Leniency: Will the Combination Favourably Affect Cartel Stability? Patrick Massey 10. The Negative Interplay between National Custodial Sanctions and Leniency Michael J. Frese PART III: COUNTRY EXPERIENCES WITH CRIMINAL LAW SANCTIONS 11. Optimal Pecuniary Sanctions and the US Sentencing and EU Fining Guidelines Nonthika Wehmhörner 12. Cartels: A United States Story, and a Research Program for the World Eleanor M. Fox 13. The UK’s Experience with Criminal Law Sanctions Diana Guy 14. Experience with Criminal Law Sanctions for Competition Law Infringements in Germany Christof Vollmer 15. Cartel Penalties and Damages in Ireland: Criminalization and the Case for Custodial Sentences Terry Calvani 16. Enforcement of Antitrust Law: The Way from Criminal Individual Punishment to Semi-Penal Sanctions in Austria Peter Lewisch 17. Competition Policy in Estonia Aini Proos 18. Criminal Competition Law Sanctions in the Netherlands Pieter Kalbfleisch 19. Country Experiences with Criminal Law Sanctions: Discussion by Panel Floris O.W. Vogelaar, Patrick Massey, Aini Proos, Dirk Schroeder, Diana Guy, Eleanor M. Fox and Pieter Kalbfleisch 20. Closing Remarks Floris O.W. Vogelaar Relevant Legal Acts Index

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Book SynopsisThe recent modification of the European Antitrust Law system, which concerns both the substance of the prohibitions and the system of enforcement, called for a thorough re-examination of this sector. Against this background, this book offers a new and coherent organisation of the subject. It takes into consideration the changes not only to the interpretation of Articles 81 and 82 EC, but also to the procedural aspects related to Reg. 1/03. In this context, the reform of Reg. 139/04 on European merger control is also fully taken into consideration.European Antitrust Law places current EC antitrust and merger control rules in their historical context, considering both the economic foundations and guiding principles of the law. It will therefore be an invaluable and stimulating guide to EC antitrust for scholars, students and practitioners alike.Trade Review'Given the importance of European competition law and significant changes in the enforcement process. . . Professor Pace's book is a valuable addition to the literature. . . It merits a place on the bookshelf for those interested in such an examination of EU competition law.' -- Terry Calvani, Journal of Economic Literature'. . . the book with its integrated and historical approach, the critical assessment and the inclusion of the recent developments, is a book that one can wholeheartedly recommend to practitioners, scholars and students alike. . . The book is a true monograph and a valuable piece in any library.' -- Pal Bela Szilagyi, Journal of Current Legal Studies'This book provides a thoughtful, comprehensive and yet concise contribution to the competition law literature and should be of interest to students in the field in Europe and worldwide.' -- Renato Nazzini, University of Southampton, UK'The book is so comprehensive that it cannot be summarised in a few lines, precisely because it deals with the entire subject matter without shirking any of the pertinent issues. The author analyses these thoroughly and meticulously, and backs up his assertions with the appropriate legislative, jurisprudential and bibliographical references. However, what is most striking is not so much the range and variety of the subjects which the author tackles, or the sometimes punctilious accuracy of the information that he includes, but rather his enormous knowledge of the subject matter and the enthusiasm that he brings to bear to his treatment of it.' -- Antonio Tizzano, European Court of JusticeTable of ContentsContents: Preface PART I: CARTELS AND THE PROCESS OF EUROPEAN INTEGRATION 1. The Worldwide Industrialisation of the 19th Century and the ‘Cartelisation’ of the European Economy 2. The Dissolution of the Worldwide Steel Cartel and the Establishment of the ECSC System 3. The EEC and the Birth of European Competition Law PART II: EUROPEAN ANTITRUST POWERS 4. The Antitrust Powers of the EC Treaty and the Concept of Antitrust Law 5. The Goals of European Antitrust Law 6. The Characteristics of Articles 81 and 82 EC 7. The Scope of of Articles 81 and 82 EC PART III: ARTICLE 81 EC 8. The Drafting of Article 81 EC 9. The Implementation of Article 81 EC 10. The Content of Article 81 EC 11. Article 81 EC and Horizontal Agreements 12. Article 81 EC and Vertical Agreements PART IV: ARTICLE 82 EC 13. The Drafting of Article 82 EC 14. The Implementation of Article 82 EC 15. The Content of Article 82 EC 16. Article 82 EC and Exclusionary Abuses 17. Article 82 EC and Exploitative Abuses 18. Article 82 and Discriminatory Abuses PART V: ARTICLES 81 AND 82 EC APPLIED TO THE MEMBER STATES 19. The Combined Effect of Articles 10 and 81 EC 20. The Combined Effect of Article 82 and 86(1) EC 21. The Binding Nature of Unlawful National Measures and the Antitrust Liability of Private Persons and the Member States PART VI: VERTICAL ASPECTS OF EUROPEAN ANTITRUST LAW 22. European Antitrust Powers and the Principles of Subsidiarity and Proportionality 23. Principles to Resolve the Conflict between European Antitrust Law and National Laws under the EC Treaty and Regulation 1/03 PART VII: THE BODIES AND INSTITUTIONS OF THE EUROPEAN ANTITRUST ENFORCEMENT SYSTEM 24. The Commission 25. National Antitrust Authorities 26. Antitrust Federalism 27. National Courts PART VIII: THE ANTITRUST ENFORCEMENT SYSTEM ESTABLISHED BY THE EC TREATY 28. The Commission: Powers, Decisions and Penalties 29. National Antitrust Authorities: Powers, Decisions and Penalties 30. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities 31. Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other 32. Judicial Enforcement of Antitrust Law PART IX: THE ANTITRUST ENFORCEMENT SYSTEM ESTABLISHED BY REGULATION 1/03 33. The Evolution of the Policy of Decentralising Antitrust Law 34. The Commission: Decisions, Powers of Investigation and Penalties 35. National Antitrust Authorities: Decisions, Powers of Investigation and Penalties 36. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities: Vertical and Horizontal Cooperation 37. Control Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other: Vertical Descending, Peer and Vertical Ascending Control 38. Judicial Enforcement of Antitrust Law 39. Mechanisms Allowing Cooperation between the Commission and the National Courts 40. Mechanisms Allowing the Commission and National Antitrust Authorities to Monitor the Decisions of the National Courts PART X: EUROPEAN MERGER CONTROL 41. The Role of Merger Control in the EC Treaty 42. Competence in the Field of Merger Control in the EC Treaty 43. Basic Concepts of European Merger Control: The Concept of Merger, Merger Subject to Notification and Prohibited Merger 44. Allocation of European Merger Control Powers as between the Community and the Member States PART XI: THE MERGER CONTROL SYSTEM ESTABLISHED BY REGULATION 139/04 45. The Commission: Powers, Proceedings Assessing the Merger and Penalties 46. National Antitrust Authorities: Powers 47. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities 48. Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other Bibliography Index

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Book SynopsisWith the European Union striving to become the world's most competitive economy, the developments in the two closely interconnected areas of European corporate law and European company tax law are of utmost importance. This book focuses on the crucial issues raised by these developments, on their far-reaching implications and on the key challenges to the future legislative choices. The book illustrates the key developments in EU corporate law and EU company tax law, the EU planned initiatives in these areas, and - at a time when member states increasingly tend to use company law and company tax provisions to attract businesses and investments - it suggests how future developments can contribute to the undistorted functioning of the internal market and to the strategic 'Lisbon-objective'. The explanation of these legislative and case-law developments is of use to students and indicates new opportunities for business expansion strategies throughout the European Community. The book concludes that new optional, but attractive, EU company law vehicles and company tax regimes would be, in these two areas, the only legal and effective means towards an undistorted functioning of the internal market and towards the Lisbon-objective. This ultimately gives rise to a far-reaching challenge for all debates on the future patterns of European integration.Luca Cerioni introduces new themes for academic research and discussion subjects for decision-makers and at the same time, uniquely, makes these accessible to a much wider international public of students, businesses and practitioners.Table of ContentsContents: Preface Foreword Part I: The Developments of EC Legislation and Case Law in Corporate Taxation and Company Law and their Ultimate Outcome: A Contribution to the Legal Competition between Member States 1. The Ultimate Result of EC Legislation and Case Law in the Field of Companies’ Taxation: An Increased Scope for Tax Competition Among Member States 2. Latest ECJ Rulings on the Freedom of Establishment in the Context of EC Company Law Developments 3. From the Limits of the EC Company Law Harmonization Programme to the ‘Limited Supranationality’ in the SE Part II: The Response to the Challenge of Legal Competition: A Supranational Solution? 4. Alternative Routes Towards the Level Playing Field for Companies in the European Community: Suggestions 5. Hypothesis for (Truly) Supranational Developments 6. Conclusions Appendices Bibliography Further Reading Index

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Book SynopsisRegulation, Markets and Poverty analyses the policy implications of research into issues of competition, regulation and regulatory governance in developing countries. Particular attention is paid to factors affecting poverty and to the connection between regulation, competition and poverty. It represents the culmination of research undertaken in the past five years by the Centre on Regulation and Competition.Written in a non-technical manner with references to the more technical literature, each chapter draws on the work of leading experts across a range of disciplines who frequently challenge conventional wisdom.This accessible and lively study will appeal to policymakers and practitioners dealing with regulation and competition in developing countries, postgraduate students of regulation, competition, public policy and international business. Staff of international development agencies and NGOs working on governance issues, competitiveness, utility policy and infrastructure investment will also find this important book of value and interest.Table of ContentsContents: Preface Paul Cook and Martin Minogue 1. Introduction PART I: COMPETITION 2. Competition and Innovation 3. Designing Competition Policy 4. Technological and Trade Competitiveness PART II: REGULATORY GOVERNANCE 5. Why Regulatory Governance Matters 6. Regulatory Policy Transfer PART III: REGULATION 7. Regulating Utilities in Developing Countries 8. Problems of Utility Privatization 9. Regulating through Ethical Trade 10. Regulatory Impact Assessment: Improving Regulatory Quality in Developing Countries PART IV: CAPACITY BUILDING FOR REGULATION 11. Capacity Building for Regulation 12. A Regulator’s Toolkit for Capacity Building PART V: COMPETITION, REGULATION AND POVERTY 13. Water Subsidies and the Poor 14. Competition and Regulation: The Connection with Poverty and Income Distribution Bibliography Index

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Book SynopsisIn this accessible yet rigorous textbook, Patrick McNutt presents a clear and refreshing approach to a wide range of topics in law, economics and antitrust. The issues covered include duty and obligation, contracting, liability, property rights, efficient entry, compensation, oligopoly pricing, issues in strategic antitrust and merger analysis. Using a selection of case studies where appropriate, and examples based in game theory, the book examines these issues from both a law and economics and a microeconomics perspective. Emphasis is placed on a thorough assessment of the economic and legal arguments, blending the rigours of microeconomic analysis with common law standards. The analysis contained in the book will not only review, and indeed adapt neoclassical economic analysis but will also apply some of the methodology from the relatively new paradigm known as 'law and economics' to many of the issues. The book also addresses the increasing overlap between emerging approaches in public choice and in law and economics.Practitioners in competition law and regulation of utilities will draw great value from this original and pertinent volume, as will scholars in the areas of regulation, competition law, competition policy and law and economics.Trade Review'. . . those who are dealing with antitrust issues the book is very useful and if somebody has already acquired the basic economic principles underlying antitrust regimes, one should read [this] book. . .' -- Pal Bela Szilagyi and Dorina Juhasz, Erasmus Law and Economics Review'The book is quite often an interesting read and provokes plenty of unexpected thoughts. . . Scholars familiar with the public choice literature and American antitrust law could benefit from the stimulating questions McNutt raises throughout and for the wealth of examples from European competition law.' -- Scott E. Graves, The Law and Politics Book Review'Patrick McNutt's book is a brilliant expose of the interaction between law, economics and antitrust. The author, an economist and distinguished regulator, handles both the legal and economic material deftly. It is provocative particularly when dealing with issues such as the efficiency of competition and the effectiveness of antitrust rules. His case-studies are particularly compelling. The book is written with huge flair and great learning. It combines theoretical and practical considerations. The comparative coverage is excellent. A 'must-read' for all interested in law and economics. Antitrust specialists will discover many novel and valid insights.' -- David O'Keeffe, University College London, UK and College of Europe, Bruges, Belgium'This book continually stimulates the reader to think about the issues in non-standard and illuminating ways, following new and significant directions. Yet the discussion always is authoritatively grounded in the author's extensive knowledge of the pertinent law and the relevant economic analysis.' -- William J. Baumol, New York University, US and Princeton University, US'Professor McNutt provides a refreshing and different perspective on the important fundamental issues underlying competition law and policy.' -- Barry E. Hawk, Skadden, Arps, Slate, Meagher & Flom LLP, USTable of ContentsContents: Preface 1. Law, Economics and Antitrust 2. Ownership and Property Rights 3. The Law and Economic of Contracting 4. Liability and Law’s Indeterminacy 5. Liberties, Essential Facilities and Workable Competition 6. Non-negativity and Obligation 7. Regulatory Signalling, Labelling and Credible Threats 8. Competitive Harm and Public Policy 9. Non-market Economics 10. The Reach of the Law 11. Types of Competition: Scramble, Combat and Contest 12. The Value of Competition Law Postscript: Recent Developments in Competition Law and Related Issues Bibliography Index

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Book SynopsisThis insightful and original book considers the evolution, aims and developments of EU antitrust policy, and focuses on the way in which the European Commission has sought to combat cartels.Lee McGowan expertly explores the European Commission?s cartel policy by examining competition policy from a politics/public policy perspective, and discusses the actors, ideas and policy developments involved. This topical study of EU cartel policy provides a fascinating account of supranational governance in action as the Commission looks for increasingly imaginative means to detect, unearth and penalize cartel offenders, through new regulations and strategic policy choices. The author traces the evolution of the European approach to cartels from 1870 with a major focus on the developments after 1945, especially the institutional architecture and policy advancements.This unique book will be invaluable for students of politics and European integration whose focus is on the politics and policies of the EU and, in particular, on cartel policy. It will appeal to students of law, public policy, business and European studies and will also prove enticing for those studying regulatory politics and policy making.Trade Review’We can highly recommend this book to lawyers, politicians and political scientists, especially those looking for a broader grounding in cartel policy as all the goal posts seem to be moving. . . it's a great read McGowan, so thanks at least for the ideas!' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'Lee McGowan's authoritative book is a very welcome addition to the literature on developments in European antitrust. It focuses primarily on EU supernational cartel policy, providing a fascinating, critical account of why policy developed as it has and of its effectiveness in detecting, punishing and deterring cartelists to the present. With its emphasis on institutional structures and decision making processes and its use of examples, the book will be an invaluable reference for political scientists and should also attract a wide readership among economists and lawyers.' -- Eleanor J. Morgan, University of Bath, UK'The presentation is lively and will be appealing also to the layman who seeks a scientific yet less legal or economic introduction to the most successful policy of the European Union of the last fifty years.' -- Assimakis P. Komninos, World Competition'The Antitrust Revolution in Europe is valuable reading for its main audience, ie political scientists specializing in EU politics and policies. . . the book provides an excellent account of the relation between socio-political conditions and the development of antitrust and the reader (including economists) can find a lot of interesting information on the evolution of competition policy in Europe.' -- Konstantinos Charistos and Christos Constantatos, South-Eastern Europe Journal of EconomicsTable of ContentsContents: Preface 1. The Origins and Scope of European Competition Policy: Themes and Purpose 2. Uncovering Cartels: Understanding the Approaches and Complexities of Collusive Agreements 3. The Rise of the Cartel: Toleration, Encouragement and the Control of Cartels in Europe, 1871–1945 4. The Dawn of the Competition Principle in Western Europe, 1945–1957 5. Establishing the Architecture of EU Cartel Governance, 1958–1962 6. European Cartel Policy: Deployment and Combat, 1963–1998 7. The Decussis Mirabilis and the Antitrust Revolution in Europe, 1999 to the Present 8. The Internationalisation of Cartel Policy and the Challenges Ahead Appendix: The Numbering and Renumbering of the Rules on Competition Under the Treaties Bibliography Index

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Book SynopsisThe context for this book is the increasingly complex relationship between economic theory and competition law which gives rise to lively political and academic debate on the direction competition law should take in a more global and innovation-oriented market place.The authors adopt a comparative, research-orientated approach, taking into account different situations in the US, Europe, Japan and transition and developing countries. They investigate the impact of economics on the objectives of competition law in various fields - restrictive agreements, unilateral restraints and merger control - and on the effectiveness of enforcement in a given legal and judicial system.Economic Theory and Competition Law is an insightful resource for law and economics scholars. Legal practitioners in the field of competition law will also value this book.Trade Review‘Economic Theory and Competition Law constitutes a timely, stimulating contribution to the ongoing debate on the current trends of competition enforcement, not only in Europe but also in other jurisdictions, and especially on the impact that applying the concepts and the categories of economic theory is going to have on this activity. . . Due to its coverage and timeliness, it is very likely to have a considerable impact on the current discussion and also to be of interest to both academics and practitioners active in the field of competition law and policy.' -- Arianna Andreangeli, Common Market Law ReviewTable of ContentsContents: Preface PART I: THE GOALS OF COMPETITION LAW – A COMPARATIVE PERSPECTIVE 1. Economic Analysis in EU Competition Cases Hans W. Friederiszick 2. Competition Law and the Institutional Embeddedness of Economics David J. Gerber 3. The Goals of Japanese Competition Law Shuya Hayashi 4. Efficiency of Competition Law in Economies of Transition 5. The Treatment of Efficiencies in South African Merger Consideration Geoff Parr PART II: THE STATUS OF EFFICIENCY ANALYSIS IN COMPETITION LAW 6. Should Competition Law Promote Efficiency? Some Reflections of an Economist on the Normative Foundations of Competition Law Wolfgang Kerber 7. Competition Law Should Promote Economic and Social Welfare by Ensuring the Freedom to Compete – A Lawyer’s View Roger Zäch 8. Appropriation of the Legal System by Economic Concepts: Should Conflicting Goals be Considered? Anne Perrot 9. Competition Law and Public Policy: Reconsidering an Uneasy Relationship – The Example of Article 81 Heike Schweitzer PART III: ECONOMIC ANALYSIS AND COMPETITION LAW IN PRACTICE 10. Restrictive Agreements and Unilateral Restraints: Merging Regimes on Market Power and Exclusion Thomas Eilmansberger 11. Convergence of Competition Law Prohibitions: Foundational Issues Michal S. Gal 12. Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism? Thomas L. Greaney 13. Efficiency in Merger Law: Appropriateness of Efficiency Analysis in Ex-ante Assessment? Daniel Zimmer 14. Efficient and/or Effective Enforcement Marie-Anne Frison-Roche 15. A Brief Overview of Some Conflicts between Economic Efficiency and Effectiveness of the Administrative or Judicial Process in Competition Law Antoine Louvaris 16. Conflicts between Economic Efficiency and Effective Judicial Process Muriel Chagny PART IV: GUEST SPEECH 17. Efficiency in the Enforcement Policy of the French Conseil de la Concurrence Bruno Lasserre Index

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Book SynopsisThis comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices.This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.Trade Review‘In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy.’ -- Mark Grady, UCLA School of Law, US‘Hylton’s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book.’ -- Herbert Hovenkamp, University of Iowa, College of Law, USTable of ContentsContents: Preface 1. The Economics of Antitrust Enforcement Daniel A. Crane 2. Facilitating Practices and Concerted Action Under Section 1 of the Sherman Act William H. Page 3. The Law of Group Boycotts and Related Economic Considerations Jeffrey L. Harrison 4. The Economics of Monopoly Power in Antitrust Roger D. Blair and Celeste K. Carruthers 5. The Law and Economics of Monopolization Standards Keith N. Hylton 6. The Law and Economics of Predatory Pricing Bruce H. Kobayashi 7. The Essential Facilities Doctrine Thomas F. Cotter 8. Antitrust Analysis of Tying Arrangements and Exclusive Dealing Alden F. Abbott and Joshua D. Wright 9. Vertical Restraints, Competition and the Rule of Reason Shubha Ghosh 10. Market Concentration in the Antitrust Analysis of Horizontal Mergers Jonathan B. Baker 11. Patent Litigation, Licensing, Nonobviousness, and Antitrust Michael J. Meurer Index

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Book SynopsisHeadlines are made when the European Commission prohibits a merger, but this is actually very rare. Clearances subject to conditions (i.e. remedies) happen ten times as frequently, but have received far less attention in academic literature. This book provides an empirical assessment of the effectiveness of merger remedies, employing a novel simulation methodology based on formal economic theory. The authors were given unprecedented access to data available to case handlers, concerning a range of remedied mergers covering 21 markets. Using this they have adapted simple simulation techniques to appraise the competitive effects of these mergers and the impact of potential and actual remedies. Ex-ante results are then compared with ex-post impact to examine the actual effectiveness of remedies. The results provide a critique of both simple market share analysis and remedy design. This research thus contributes to economics research and practical merger policy.This rare empirical assessment of the efficacy of remedies in competition policy will be of great significance and interest to policy makers, as well as to economists, lawyers, practitioners and students in competition law.Trade Review'. . . for practitioners considering whether to use economists to evaluate merger proposals, this book provides a relevant insight into the types of information that would be necessary to develop even a basic simulation model, and some guidance as to circumstances where such technique may be appropriate.' -- Vanessa Holliday, Competition and Consumer Law Journal'. . . highly recommended for practitioners as well as academics interested in merger remedies.' -- Arndt Christiansen, European Competition Law ReviewTable of ContentsContents: Preface 1. Mergers and Remedies in the EU: Overview 2. The Literature on Merger Remedies 3. Classification of Merger Remedies 4. Methodology for Assessment of Mergers and Remedies 5. Structure and Competitive Process in Paper and Board Markets 6. Assessment of Remedies Adopted by the EC in Paper Mergers 7. Structure and Competitive Process in Pharmaceuticals Markets 8. Assessment of Remedies Adopted by the EC in Pharmaceuticals Mergers 9. Conclusions and Recommendations References Index

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Book SynopsisThe diverse and excellent set of authors assembled in this book sheds light on the continuing and conflicting calls for deregulation and re-regulation of important industries and informs the ongoing, increasingly global, policy debate over the evolving line between regulation and general competition policy. The purpose of this book is to understand the debate and its policy implications, focusing on the traditionally regulated sectors of telecommunications and energy, and comparing approaches in the European Union and the United States. The book also contains contributions that generalize across industries, thus lending relevance beyond the two sectors that anchor the book.Innovatively combining legal and economic views, Antitrust and Regulation in the EU and US will be of great interest to scholars of competition law, international law firms, and competition authorities and sector-specific regulation authorities (federal and state).Trade Review'. . . this is an important addition to the study of the interactions between competition and regulation. . .' -- World CompetitionTable of ContentsContents: Introduction: Balancing Antitrust and Regulation François Lévêque and Howard Shelanski 1. Synthetic Competition Douglas H. Ginsburg 2. European Competition Policy and Regulation: Differences, Overlaps, and Constraints John Temple Lang 3. Contrasting Legal Solutions and the Comparability of EU and US Experiences Pierre Larouche 4. Modeling an Antitrust Regulator for Telecoms James B. Speta 5. Rethinking Merger Remedies: Toward a Harmonization of Regulatory Oversight with Antitrust Merger Review Philip J. Weiser 6. Market Power in US and EU Electricity Generation Richard Gilbert and David Newbery 7. Mobile Call Termination: A Tale of Two-Sided Markets Tommaso Valletti Index

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Book SynopsisThis book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court's decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules.With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.Trade Review'An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike.' -- Petros C. Mavroidis, Columbia Law School, US, University of Neuchatel, Switzerland and CEPR, UKTable of ContentsContents: Introduction 1. The Roots of the Transatlantic Clashes 2. Striking the Balance between Antitrust and IP 3. (Mis)use of Regulatory Procedures and IP 4. Trade Secrets and Antitrust: An Example of the Conflicting US and EU Approaches Index

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Book SynopsisThis comprehensive research Handbook brings together cutting-edge legal and economic analysis into antitrust issues by leading experts from Europe, the USA, Canada, Mexico and South America. The Handbook of Research in Trans-Atlantic Antitrust covers a wide-range of areas including: the meaning of consumer welfare mergers in monopsony markets unilateral effects private and criminal enforcement implementing competition policy in regulated sectors• abuse of intellectual property rights competition remedies international enforcement cooperation complainants' rights dominant firm pricing tying and bundling. The Handbook also includes discursive consideration of the similarities and differences among the various regimes on either side of the Atlantic, as well as a look to future trends and applications in regional and global contexts.Offering a comparative view of pressing antitrust issues, this Handbook will be of great interest to academics, lawyers, practitioners and officials.Trade Review'The book is handsomely produced by Edward Elgar. . . The notes contain more than citations and are well worth reading. A welcome feature is that after each set of notes there is a list of the most important writings on the topic followed by a list of the most important cases. Edward Elgar is well known in economic circles, hence the endnotes to which economists are accustomed. . . It has published several books on competition for lawyers over the last years and is a welcome entrant to the lawyers' market.' -- Valentine Korah, World Competition'This extremely well done and important book collects writings by more than two dozen academics and practitioners on important topics in competition law. . . This is an excellent book, important for research by anyone who is serious about global or comparative competition policy. Nearly everyone engaged in serious research in the field will find something of value here.' -- Herbert Hovenkamp, European Law Review'This Handbook assembles a valuable collection of insightful analyses dealing with many cutting-edge issues arising in modern antitrust enforcement on both sides of the Atlantic.' -- Philip Lowe, European Commission'The contributions to this Handbook provide a comprehensive, up-to-date treatment of antitrust law in the Americas and Europe. I would recommend it to anyone who wants to learn about antitrust law and its administration in the major enforcement areas of the world. This is bound to become an important reference for antitrust students and experts.' -- Keith Hylton, Boston University, USTable of ContentsContents: Preface Philip Marsden 1. Unilateral Effects from Mergers: The Oracle Case Gregory J. Werden 2. Transatlantic Issues in the European Merger Review of Oracle/PeopleSoft: Harmonious Dissonance Thomas Vinje and Dieter Paemen 3. Merger to Monopsony in Canada, Europe and the United States: A Selected International Comparison Margaret Sanderson 4. Tweedledum and Tweedledee? Regime Dynamics in US and EC Merger Control Andrew Scott 5. A Transatlantic Assessment of the Evolving Use of Behavioural Merger Remedies Neil Campbell, Casey Halladay and Omar Wakil 6. Judicial Review of Mergers in Europe: Tetra Laval, GE/Honeywell and the Convergence Toward US Standards Jeremy Weinberg 7. Discounts, Rebates and Selective Pricing by Dominant Firms: A Trans-Atlantic Comparison Christian Ahlborn and David Bailey 8. A Dominant Firm’s Duty to Deal: EC and US Antitrust Law Compared Alison Jones 9. Tying: A Transatlantic Perspective David W. Hull 10. Abuse of Dominance Enforcement under Latin American Competition Laws Russell Pittman and Maria Tineo 11. Substantial Convergence: The US Influence on the Development of the Regulatory Framework for IP Licensing in the EC Steven D. Anderman 12. The Right Balance of Competition Policy and Intellectual Property Law: A Federal Trade Commission Perspective Alden F. Abbott, Suzanne Michel and Armando Irizarry 13. Compulsory Access as an Antitrust Remedy: When, Why and How is it Applied in EU and US Law? Donald I. Baker and Tony Woodgate 14. Regulation in Brazil: Retrospect and Prospects Gesner Oliveira and Thomas Fujiwara 15. Regulatory and Competition Issues in the Transatlantic Air Transport Sector: Towards a Transatlantic Open Aviation Area Karel van Miert and Daniel Calleja 16. Issues Relating to the Enforcement and Application of Criminal Laws in Respect of Competition Mark Furse 17. The Brave New World of Extradition: A North Atlantic Treaty Alliance Against Cartels? Julian M. Joshua 18. Lessons Learned from the US Experience in Private Enforcement of Competition Laws Kevin E. Grady 19. The Role of Non-litigation Strategies: Advocacy, Reports and Studies as Instruments of Competition Policy William E. Kovacic 20. Information Please: Opening Antitrust to the Public: Why More European Union Court and Commission Documents and Hearings Should No Longer Be Secret David Lawsky 21. The Goals of Antitrust: Thoughts on Consumer Welfare in the US Albert A. Foer 22. Competition Enforcement and Consumers Juan Antonio Rivière y Martí 23. The Distributional Consequences of Antitrust Okeoghene Odudu 24. Merger Control and Cross-Border Transactions: A Pragmatic View on Cooperation, Convergence and What is in Between Ariel Ezrachi 25. Bilateral Enforcement Cooperation Agreements Anestis Papadopoulos 26. An Antitrust Analysis of the World Trade Organization’s Decision in the US–Mexico Arbitration on Telecommunications Services J. Gregory Sidak and Hal J. Singer 27. Mexico’s Competition Law: North American Origins, European Practice Adriaan ten Kate and Gunnar Niels 28. Competition Policies in Latin America, Post-Washington Consensus Julián Peña Index

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Book SynopsisRegulation, Markets and Poverty analyses the policy implications of research into issues of competition, regulation and regulatory governance in developing countries. Particular attention is paid to factors affecting poverty and to the connection between regulation, competition and poverty. It represents the culmination of research undertaken in the past five years by the Centre on Regulation and Competition.Written in a non-technical manner with references to the more technical literature, each chapter draws on the work of leading experts across a range of disciplines who frequently challenge conventional wisdom.This accessible and lively study will appeal to policymakers and practitioners dealing with regulation and competition in developing countries, postgraduate students of regulation, competition, public policy and international business. Staff of international development agencies and NGOs working on governance issues, competitiveness, utility policy and infrastructure investment will also find this important book of value and interest.Table of ContentsContents: Preface Paul Cook and Martin Minogue 1. Introduction PART I: COMPETITION 2. Competition and Innovation 3. Designing Competition Policy 4. Technological and Trade Competitiveness PART II: REGULATORY GOVERNANCE 5. Why Regulatory Governance Matters 6. Regulatory Policy Transfer PART III: REGULATION 7. Regulating Utilities in Developing Countries 8. Problems of Utility Privatization 9. Regulating through Ethical Trade 10. Regulatory Impact Assessment: Improving Regulatory Quality in Developing Countries PART IV: CAPACITY BUILDING FOR REGULATION 11. Capacity Building for Regulation 12. A Regulator’s Toolkit for Capacity Building PART V: COMPETITION, REGULATION AND POVERTY 13. Water Subsidies and the Poor 14. Competition and Regulation: The Connection with Poverty and Income Distribution Bibliography Index

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Book SynopsisThis authoritative book provides a comprehensive critical overview of the basic IP paradigms, such as patents, trademarks and copyrights. Their intersection with competition law and their impacts on the exercise of social welfare are analysed from an evolutionary perspective.The analyses and proposals presented encompass the features and rationales of a legal field in constant evolution, and relate them to increasingly rapid technological, economic, social and geo-political developments. Gustavo Ghidini highlights the emerging trends that challenge the traditional ‘all-exclusionary’ vision of IP law and its application. The author expertly combines holistic, evolutionary and constitutionally oriented approaches, with the search for a rebalancing of the IP rights holders’ positions with citizens’ and users’ rights.This book will appeal to academics, scholars and lawyers specializing in the realm of intellectual property, competition and comparative law.Trade Review‘This book provides for a delightful reading for anyone involved in the field of IP law, either as a working professional or as an academic since it provides truly valuable food for thought in its innovative way of thinking. Thus the book, like the distinguished author, is a game changer, but it is on all of us to play the game.’ -- Andrej Fatur, World Competition‘Professor Ghidini has long since made himself a worldwide reputation as a leading scholar. He is a profound critic of intellectual property protection that follows rigid property logic, and favours the functionalist competition/innovation logic. Innovation, Competition and Consumer Welfare in Intellectual Property Law is truly enriching reading.’ -- Hanns Ullrich, College of Europe, Bruges, Belgium‘We in the United States have much to learn not only from Gustavo Ghidini’s careful analysis of modern trends in the European IP regime but also from his thoughtful development of the thesis that free competition should be understood as the overarching principle guiding both IP protection and what we call antitrust law.’ -- Rudolph J.R. Peritz, New York Law School, US and author of Competition Policy in AmericaTable of ContentsContents: Preface by Giuliano Amato 1. Introduction: The Basic Paradigms and Constitutional Framework of Intellectual Property Law 2. Patent Protection of Innovations: A Monopoly with Pro-Competitive Antibodies 3. From Art to Technology: The Expansion of Copyright 4. The Distinguishing Function and Advertising Value of the Trademark: Aspects and Critique of the European Reform 5. Intellectual Property and Regulation(s) of Competition Appendix – On TRIPs and Developing Countries: ‘Don’t Do Unto Others...’ Index

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Book SynopsisThe intersection of the intellectual property and competition laws presents uniquely complicated legal issues. The entries, from leading judges, government officials, academics, and economists, explore history, the 'new economy', and frameworks to resolve the tension between the laws. They also address refusals to license, patent pools, innovation markets, standard setting organizations, and pharmaceutical patent settlements.Trade Review‘. . . Carrier has provided intellectual property and competition scholars and practitioners with an invaluable resource.’Table of ContentsContents: Acknowledgements Introduction Michael A. Carrier PART I HISTORY 1. Herbert Hovenkamp (2005), ‘The Conflict Between Antitrust and Intellectual Property Rights’ PART II NEW ECONOMY 2. Richard A. Posner (2001), ‘Exclusionary Practices (II): The New Economy’ 3. Robert Pitofsky (2001), ‘Antitrust and Intellectual Property: Unresolved Issues at the Heart of the New Economy’ PART III GLOBAL APPROACHES 4. William F. Baxter (1966), ‘Legal Restrictions on Exploitation of the Patent Monopoly: An Economic Analysis’ 5. Ward S. Bowman, Jr. (1973), ‘The Compatibility of Antitrust and Patent Law Goals’ 6. Louis Kaplow (1984), ‘The Patent-Antitrust Intersection: A Reappraisal’ 7. Michael A. Carrier (2002), ‘Unraveling the Patent-Antitrust Paradox’ PART IV SPECIFIC ACTIVITY 8. Herbert Hovenkamp, Mark D. Janis and Mark A. Lemley (2006), ‘Unilateral Refusals to License’ 9. Carl Shapiro (2000), ‘Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting’ 10. Robert P. Merges (2001), ‘Institutions for Intellectual Property Transactions: The Case of Patent Pools’ 11. Michael A. Carrier (2008), ‘Two Puzzles Resolved: Of The Schumpeter – Arrow Stalemate and Pharmaceutical Innovation Markets’ 12. Arti K. Rai (2001), ‘Fostering Cumulative Innovation in the Biopharmaceutical Industry: The Role of Patents and Antitrust’ 13. Mark A. Lemley (2002), ‘Intellectual Property Rights and Standard-Setting Organizations’ 14. C. Scott Hemphill (2006), ‘Paying for Delay: Pharmaceutical Patent Settlement as a Regulatory Design Problem’

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Book SynopsisMicrosoft on Trial analyses the antitrust cases that have involved Microsoft on both sides of the Atlantic and offers a thorough and timely discussion on the regulation of unilateral behaviour in a topical sector.This fascinating and highly relevant book facilitates discussion on the difficult technical, legal and economic issues with respect to innovation, competition and welfare raised, through the span of more than a decade, by the US and EC Microsoft antitrust cases. It assesses their impact on the evolution of European and US laws on competition and intellectual property in the IT sector and beyond. The book, which adopts a multidisciplinary approach (IT, law, economics), benefits from the valuable insights of 20 contributors including those that were directly involved in the EC case. Practitioners, advanced postgraduates and academics will find this unique book an essential resource.Trade Review‘I would highly recommend this book to any practitioner, academic, or postgraduate student interested in either the specifics of the EU and US Microsoft cases or more generally in the current scope of unilateral conduct laws on both sides of the Atlantic. It is refreshingly easy to navigate, thanks to an excellent index and table of cases and legislation, no mean feat in light of the fact that the book is a collection of 14 independent essays. The editor, Luca Rubini, deserves particular praise for this achievement. The editor also provides an invaluable multi-disciplinary approach to the various issues raised by the increasing interaction of competition law and intellectual property law in the information technology sector and beyond.’ -- Anthony Dawes, European Law Review‘. . . the book is a valuable resource for anybody wishing to gain in-depth knowledge of the competition proceedings related to Microsoft.’ -- Tjarda van der Vijver, Common Market Law Review‘Much has already been written about the case, but these fourteen chapters contain some of the best descriptions of the facts and markets accompanied by economic analysis. All the contributors write lucidly. . . The chapters have been written tightly, and many points not obvious on a quick reading of the case have been analysed perceptively. Detailed descriptions of the conduct and the market in which it occurred were made throughout.’ -- Valentine Korah, World Competition‘What makes this collection outstanding is that it is unlikely that any single person could have produced anything as good, because the Microsoft cases are just too extensive in their jurisdictional and subject matter scope to be encompassed by a single person. . . none of the essays here appear to me to be poor - all are good, some are excellent. . . I have read the book cover to cover and strongly recommend it to anyone interested in the Microsoft case in particular, but, more importantly, to anyone with an interest in the state of competition law at the start of the 21st century, and its role moving forward. There are even good tables of cases and legislation, and a good index - an increasing rarity these days. . . special credit must be given to the editor, Luca Rubini.’ -- Mark Furse, European Competition Law ReviewTable of ContentsContents: Preface PART I: TECHNICAL BACKGROUND 1. The Basic Technology Issues at Stake Colin Jackson PART II: FROM BRUSSELS TO LUXEMBOURG: A EUROPEAN STORY 2. Windows into the World of Abuse of Dominance: An Analysis of the Commission’s 2004 Microsoft Decision and the CFI’s 2007 Judgment Nicholas Banasevic and Per Hellström 3. Victa Placet Mihi Causa: The Compulsory Licensing Part of the Microsoft Case Ian S. Forrester QC 4. The Microsoft Windows Media Player Tying Case Jean-François Bellis and Tim Kasten 5. The Microsoft Case: You Reap what you Sow? Jens Fejø PART III: INNOVATION, COMPETITION AND WELFARE IN THE IT SECTOR: TRANSATLANTIC PERSPECTIVES, INTERNATIONAL HORIZONS 6. The Microsoft Chronicles Rudolph J.R. Peritz 7. Microsoft v Commission and the Interoperability Issue Steven Anderman 8. The EC Microsoft Case and Duty to Deal: The Transatlantic Divide Eleanor M. Fox 9. Microsoft v Commission: Interoperability, Emerging Standards and Innovation in the Software Industry Ann Walsh 10. Tying, Technological Integration and Article 82 EC Treaty: Where do we go after the Microsoft Case? Arianna Andreangeli 11. Economic Aspects of the Microsoft Case: Networks, Interoperability and Competition Maria J. Gil-Moltó 12. Microsoft v Commission: A Pricing Perspective on Non-Price Abuses Derek Ridyard and Markus Baldauf 13. The Quest for Appropriate Remedies in the EC Microsoft Cases: A Comparative Appraisal Nicholas Economides and Ioannis Lianos 14. Beyond Microsoft: An International Agreement on Abuse of Market Power? Carlo Petrucci Epilogue Bo Vesterdorf Bibliography Index

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Book SynopsisRecent years have seen a trend toward an 'economics-based' approach to the enforcement of European competition law. But what is meant by 'economics-based', and how does this approach sit with legal and enforcement practice? This book seeks to place in perspective the growing use of economics in European competition law enforcement by examining precisely how economics contributes to the enforcement activity of the European Commission and Courts.Christopher Decker provides unique empirical insights as to how economic theory, thinking, techniques and data have featured in decision-making in the area of co-ordinated effects. The role of economics is examined throughout the entire enforcement process, from the decision to initiate an investigation to the design and implementation of remedies, and its conclusions are of general relevance to all areas of competition law enforcement where economics is used.Utilising a broad and multifaceted conception of economics, this book is essential reading for academics and students interested in European competition law, EC competition lawyers, applied industrial economists and enforcement officials. It will also be an invaluable tool for academic libraries and institutes, government agencies, law firms and economic consultancies.Trade Review'The book is well written and readable by non economists. The approaches, questions, methodology, and basis for selection of cases/interviewees are clearly explained and justified. This book is a valuable contribution to the literature.' -- Rhonda Smith, Competition and Consumer Law JournalTable of ContentsContents: Preface 1. Introduction 2. The Enforcement Context 3. The Law and Economics of Tacit Coordination 4. A Review of Collective Dominance Decisions 5. Economics in the Enforcement Process 6. The Contribution of Economics to Enforcement 7. Towards a More Economic Approach Appendix: The Economics of Tacit Collusion Bibliography Index

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Book SynopsisCompetition law has changed substantially since 1990. The worldwide tendency toward market-based economic systems has induced many countries to adopt competition rules. This innovative book discusses the global character of competition law focusing on three interrelated perspectives; firstly, the impact of economics on competition policy; secondly, the competition law experience in selected countries (USA, EU, Japan, India, China, Brazil, transition countries) and how the law has adapted to the political, economic, geographic and cultural environment; and thirdly, the process of internationalisation and convergence of competition law.This book will be an invaluable read for academics and postgraduate students in competition policy, economics of law and international business law, as well as for competition law practitioners in international firms.Trade Review‘. . . the volume provides interesting insights and provokes deeper reflection on various issues. It can thus be recommended to anyone interested in the international development of competition law and policy.’ -- Arndt Christiansen, European Competition Law Review‘The work provides an impressive overview of the various and relevant aspects of competition law, and offers a new insight for advanced students and researchers interested in the development of competition law. The potential challenge before policy-makers to find a proper balance in the use of economic theories in competition law has been argued in this book, and it shows the ample scope for additional research on this issue.’ -- Avinash Dadhich, Communications Law‘This is a very valuable book! It collects symposium papers that analyze key issues and important developments in global competition law today. It explores methodological foundations, including the roles of economics, and recent experiences in key countries (China, Japan, India and Eastern Europe). One section contains highly illuminating articles on private enforcement, criminalization of competition law, the role of globalization and the process of competition law change. All of the articles are valuable, and many are outstanding.’ -- David J. Gerber, Chicago-Kent College of Law, USTable of ContentsContents: Preface Roger Zäch, Andreas Heinemann and Andreas Kellerhals PART I: THE METHODOLOGICAL FOUNDATIONS OF COMPETITION LAW 1. EC Competition Law: The Dominance of Economic Analysis? Giorgio Monti 2. Fifteen Years of Supreme Court Antitrust Jurisprudence: The Defendant Always Wins Warren S. Grimes 3. Freedom to Compete or Consumer Welfare: The Goal of Competition Law According to Constitutional Law Roger Zäch and Adrian Künzler PART II: THE DIVERSITY OF COMPETITION LAW REGIMES 4. The Development of Competition Law for the Last 15 Years in Japan: Progress or Setback? Iwakazu Takahashi 5. Metamorphosis of Indian Competition Law Srinivasan Chakravarthy 6. Thirty Years of PRC Anti-monopoly Law under ‘State-Market’ Yardstick: From Retrospective and Prospective Viewpoints Yong Huang and Shan Jiang 7. Transition Countries Facing Transitory Competition Rules: ‘Moving Shooter’ Taking Aim at a ‘Moving Target’ Josef Bejček 8. Cartel Deterrence and Settlements: The Brazilian Experience Paulo Furquim de Azevedo and Alexandre Lauri Henriksen PART III: PERSPECTIVES 9. The Development of the World Economy and Competition Law Rainer Geiger 10. Is Criminalisation of EU Competition Law the Answer? Wouter P.J. Wils 11. Private Enforcement in Europe Andreas Heinemann 12. Competition Law de Lege Ferenda Daniel Zimmer 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: 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.The companion volume, 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.This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.Contributors: S. Anderman, A. Coscelli, G. Edwards, G. Faella, M.S. Gal, A. Jones, I. Kokkoris, I. Lianos, L. Lovdahl Gormsen, D. Mantzari, L.D.S. Morais, R. Nazzini, O. Odudu, N. Petit, A. Stephan, J. Tapia, F. Wagner-von PappTable of ContentsContents: Foreword Preface 1. Some Reflections on the Question of the Goals of EU Competition Law Ioannis Lianos 2. Horizontal Cooperation Agreements Luís D.S. Morais 3. Information Exchange Agreements Florian Wagner-von Papp 4. Vertical Agreements Gianluca Faella 5. Cartels Andreas Stephan 6. Hub and Spoke Collusion Okeoghene Odudu 7. The Oligopoly Problem in EU Competition Law Nicolas Petit 8. Dominance and Market Power in EU Competition Law Enforcement Andrea Coscelli and Geoff Edwards 9. Abuse of Dominance – Exploitative Abuses Michal S. Gal 10. Abuse of Dominance: Exclusionary Pricing Abuses Alison Jones and Lisa Lovdahl Gormsen 11. Abuse of Dominance: Exclusionary Non-pricing Abuses Renato Nazzini 12. Merger Control: Substantive Issues Ioannis Kokkoris 13. Innovation, IPRs and EU Competition Law Steve Anderman 14. The Regulation/Competition Interaction Javier Tapia and Despoina Mantzari Index

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Book SynopsisThis innovative book assesses the hotly debated topic of tying from three different perspectives: competition law, economics and intellectual property rights. It highlights the faults and benefits of the current approaches to tying under EC competition law and US antitrust law.In the light of modern economic thinking, the recent review of Article 82 EC, and Sherman Act, Section 2, the author identifies a more economic approach to tying that moves away from the per se illegality label that has so far impinged on tying case law. Hedvig Schmidt recognizes the significance that tying can play on innovation and product development, and thus suggests a new approach which carves out a safe haven for technological integrated products to ensure continuous stimulation of innovation.With comparative assessments and investigations, this book is a must-read for academics specializing in competition law and theory, as well as practitioners and policy-makers of competition law and intellectual property.Trade Review'Schmidt's book is an accurate and well-written introduction to the law of tying. The analysis of the patent misuse doctrine is particularly interesting and will provide food for thought to students and academics.' -- Ioannis Lianos, World Competition'. . . a must-read for anyone wanting to study tying in more detail. . . the book offers a very thorough analysis of tying, together with some recommended improvements to the way in which tying is currently assessed under the EU and the US antitrust rules.' -- Common Market Law Review'Schmidt's Competition Law, Innovation and Antitrust is a superb introduction to the subject of tying arrangements and other bundled sales in high technology markets, principally as they are treated under US antitrust law and EU competition law. Schmidt thoroughly assesses the economics of such arrangements, the benefits they confer and the potential harms they impose, and then gives a positive introduction to the law. This is a comprehensive treatment of its subject and an indispensible aid to the competition law scholar or practitioner.' -- Herbert Hovenkamp, University of Iowa, College of Law, USTable of ContentsContents: 1. Introduction 2. Tying from an Economic Perspective 3. Tying Arrangements under Article 82 EC 4. Tying Arrangements under US Antitrust Law 5. Intellectual Property Law and Tying – An Alternative Approach 6. Alternative Solutions, the Development of a New Regulatory Model 7. Conclusion Bibliography Index

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Book SynopsisThis timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmacker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission's investigations, for example, the opened procedure against Google. Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (including France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct. European Competition Law: The Impact of the Guidance on Article 102 will prove to be invaluable to academics and postgraduate students reading EU law, antitrust law and EU competition law. European law researchers and antitrust lawyers will also find much to appeal to them in this essential resource.Contributors include: V. Korah, E.-J. Mestmacker, L. Ortiz Blanco, L.F. Pace, C. Prieto, R. WhishTrade Review'This book is valuable in two respects. First, it provides the views of prominant scholars, some of whom have the benefit of a long study and observation of the development of EU competition law, on fundamental and controversial issues such as the objective of EU competition law and the tests to determine whether unilateral conduct should be prohibited. Second it offers interesting insights into the law and practice of national competition regimes also from a historical perspective.' --Renato Nazzini, CML Review'[A] welcome addition to the burgeoning literature on the concept of abuse of dominant position over the past few years. . . the book addresses an interesting question and also relies on a team of stellar contributors, both being ingredients of a successful volume, of interest to both academics and practitioners.' --Ioannis Lianos, World Competition'The editor Lorenzo Federico Pace as well as the other authors of the different articles of this book have enriched the discussion from a law and economic point of view and gave food for thought for the future research on this topic. From this point of view this book is to be recommended to everyone who deals with issues regarding the abuse of dominant position.' --Claudia Seitz, M.A., Universität Basel, SwitzerlandTable of ContentsContents: 1. Introduction to the Research Project and its Results Lorenzo Federico Pace 2. Guidance on the Commission’s Enforcement Priorities in Applying Article 82 to Abusive Exclusionary Conduct by Dominant Undertakings: From Protecting Freedom to Enter a Market to an Efficient Allocation of Resources to Increase Consumer Welfare Valentine Korah 3. The Development of German and European Competition Law with Special Reference to the EU Commission’s Article 82 Guidance of 2008 Ernst-Joachim Mestmäcker 4. Evolving Priorities and Rising Standards: Spanish Law on Abuses of Market Power in the Light of the 2008 Guidance Paper on Article 82 EC Luis Ortiz Blanco and Pablo Ibáñez Colomo 5. The Italian Way of Tackling the Abuse of a Dominant Position and the Inconsistencies of the Commission’s Guidance: Not a Notice/Bekanntmachung but a Communication/Mitteilung Lorenzo Federico Pace 6. Anticipated Enforcement in France of the Commission’s Guidance on Article 82 Catherine Prieto 7. National Competition Law Goals and the Commission’s Guidance on Article 82 EC: The UK Experience Richard Whish Index

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Book SynopsisWith the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies. Written primarily from the perspective of the complainant, the Handbook contributes to the discussion by presenting empirical research on private remedies through unprecedented, detailed and systematic analysis of private antitrust enforcement in the US. The expert contributors - law practitioners in the US and 21 other countries - explain both the law and the realities regarding private remedies as they have experienced them. They provide useful information to law and policy makers contemplating the introduction or expansion of private enforcement and to competition advocacy NGOs, attorneys and others who may wish to support or utilize the tools of private enforcement. By way of conclusion, valuable observations are imparted and recommendations prescribed. This important Handbook will prove an invaluable reference tool for a wide-ranging audience including: international private practice lawyers, law academics and students with a special interest in competition policy, international government officials involved in legislation or regulation of private remedies in countries with competition laws, and economists consulting in competition cases.Trade Review‘. . . this book is a great achievement, and its contribution to the field cannot be negated. Practitioners, academics and students with a specific interest in this topic alike will easily zero-in on the jurisdiction of interest and extract not only theoretical, academic information on antitrust law and enforcement, which this book does not shy from, but also and mostly practical information on antitrust litigation practice in individual jurisdictions. This alone sets this contribution apart from the numerous books on competition law enforcement and private enforcement available these days which, with all their specific qualities, rarely offer such a practical insight in antitrust enforcement, especially on such a large scale.’ -- Jocelyn G. Delatre, European Competition Law Review‘The International Handbook on Private Enforcement of Competition Law effectively does “what is says on the tin”. . . It is an excellent and important piece of comparative work in this field.’ -- Barry J. Rodger, Competition Law Review‘The American Antitrust Institute has supervised the preparation of this impressive volume analysing the experience of private antitrust enforcement in the United States and surveying the growing importance of private enforcement around the world. . . Each chapter is succinct and an excellent introduction to private rights of action under the key national competition laws. . . The Handbook is a welcome guide to the current state of the current literature on private rights of actions and remedies and provides the raw material and analysis for improvement.’World Competition‘This Handbook on private enforcement of competition law is both conceptual and enormously practical. It explains by facts and figures why private enforcement is necessary, and it explores cultural and contextual differences that may suggest different designs. The Handbook provides a thorough anatomy of US private actions, following which experts from 19 other jurisdictions explain the contours and practicalities of bringing, litigating and settling private actions in their jurisdictions. The Handbook promises to make an enormous contribution to antitrust law and policy around the world.’ -- Eleanor Fox, New York University, School of Law, USTable of ContentsContents: Preface PART I: INTRODUCTION 1. Benefits of Private Enforcement: Empirical Background Robert H. Lande 2. The Impact of International Cartels John M. Connor 3. Differing Traditions Jonathan W. Cuneo PART II: EXPERIENCING PRIVATE ENFORCEMENT IN THE US 4. Defining Antitrust Violations in the US Bonny E. Sweeney 5. Pre-claim Activities Craig Corbitt, Judith Zahid and Patrick Clayton 6. Parties Entitled to Pursue a Claim Eric L. Cramer and Daniel C. Simons 7. Initiation of a Private Claim Michael D. Hausfeld 8. Aggregation of Claims J. Douglas Richards 9. Procedural Defenses Short of Trial Jonathan L. Rubin 10. Obtaining Evidence Joseph Goldberg and Dan Gustafson 11. Plaintiffs’ Remedies W. Joseph Bruckner and Matthew R. Salzwedel 12. Funding Litigation K. Craig Wildfang and Stacey P. Slaughter 13. Interaction of Public and Private Enforcement Kevin J. O’Connor, Hannah L. Renfro and Adam C. Briggs 14. Class Notice and Claims Administration Katherine Kinsella and Shannon Wheatman PART III: EUROPE 15. Overview of Europe Bojana Vrcek 16. England and Wales Vincent Smith, Anthony Maton and Scott Campbell 17. France Nathalie Jalabert-Doury 18. Germany Philipp von Dietze and Eckart Brödermann 19. Italy Giovanni Barone and Roberto Amore 20. Netherlands Daan Lunsingh Scheurleer, Herman Speyart, Flip Wijers and Joost Fanoy 21. Spain Pedro Callol 22. Sweden Marcus Glader and Peter Alstergren 23. Turkey Hilmi Bolatoglu PART IV: THE AMERICAS 24. Overview of the Americas Jonathan W. Cuneo 25. Brazil Mauro Grinberg, Camilla Paoletti and Leonor Cordovil 26. Canada Charles M. Wright 27. Peru Alfredo Bullard and Alejandro Falla PART V: ASIA, AFRICA AND AUSTRALIA 28. Overview of Asia and Africa Byung Geon Lee and Ke Li 29. Australia Brooke Dellavedova, Vince Morabito and Brendan Sweeney 30. China Zou Weining and Ma Chunsheng 31. India Pradeep S. Mehta and Cornelius Dube 32. Israel Niv Zecler, Michal S. Gal and Yariv Ilan 33. Japan Hiromitsu Miyakawa 34. Korea Hwang Lee and Byung Geon Lee 35. South Africa Kasturi Moodaliyar 36. Taiwan Lawrence S. Liu and Frank S. Chang PART VI: THE FUTURE OF PRIVATE ENFORCEMENT 37. International Settlements Laurence T. Sorkin 38. Toward an Effective System of Private Enforcement Albert A. Foer and Jonathan W. Cuneo Index

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Book SynopsisThis outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the 'economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more 'economic approach' has led to a modernization of competition law throughout the world. This book comprehensively examines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economics in the field of competition will also find this book invaluable. Contributors: O. Budzinski, U. Cantner, J. Drexl, C. Engel, A. Fuchs, J. Haucap, A. Heinemann, L. Idot, W. Kerber, W.E. Kovacic, R. Podszun, M. Polo, D.L. Rubinfeld, D. Schroeder, V.J. Vanberg, G.J. Werden, B.J. Wilson, D. ZimmerTrade Review‘While the book will probably have its greatest appeal to scholars in the field, practitioners should not neglect it, as it offers a concise compilation of fundamental issues in competition law that frequently draws from concrete cases. It is true that the book delivers few definite answers but rather raises new questions, as acknowledged by the editors in their foreword. However, this will only add to the substance of the discussion and should not be regarded as a shortcoming. The book’s biggest strength may thus well be the fact that it constantly encourages the reader to challenge conventional thinking. Moreover, it rightly calls for a distinction between the use of economic insight to inform competition policy and improve the accuracy and effectiveness of its abstract rules on the one hand, and the use of in-depth quantitative economic analyses in individual cases on the other hand.’ -- Hendrik Auf’mkolk, Competition and Regulation in Network IndustriesTable of ContentsContents: Introduction Rupprecht Podszun PART I: THE GOALS OF COMPETITION POLICY 1. Consumer Welfare and Competition Policy Gregory J. Werden 2. Consumer Welfare, Total Welfare and Economic Freedom – On the Normative Foundations of Competition Policy Viktor J. Vanberg 3. Consumer Welfare, Economic Freedom and the Moral Quality of Competition Law – Comments on Gregory Werden and Victor Vanberg Daniel Zimmer PART II: MERITS AND CHALLENGES OF MODERN INDUSTRIAL ECONOMICS 4. Current Issues in Antitrust Analysis Daniel L. Rubinfeld 5. Using Economics for Identifying Anticompetitive Unilateral Practices Michele Polo 6. Modern Industrial Economics: Open Problems and Possible Limits Oliver Budzinski 7. Modern Industrial Economics Revisited – Comments on Daniel Rubinfeld, Michele Polo and Oliver Budzinski Laurence Idot PART III: COMPETITION POLICY AND EVOLUTIONARY AND INNOVATION ECONOMICS 8. Industrial Dynamics and Evolution – The Role of Innovation, Competences and Learning Uwe Cantner 9. Competition, Innovation and Maintaining Diversity through Competition Law Wolfgang Kerber 10. The Impact of Innovation – Comments on Uwe Cantner and Wolfgang Kerber Andreas Heinemann PART IV: COMPETITION POLICY AND BEHAVIOURAL AND EXPERIMENTAL ECONOMICS 11. Bounded Rationality and Competition Policy Justus Haucap 12. Using Experimental Economics to Understand Competition Bart J. Wilson 13. Competition as a Socially Desirable Dilemma – Theory v. Experimental Evidence Christoph Engel 14. Introducing More Features of Real Life into the Economists’ World of Theoretical Models – Comments on Justus Haucap, Bart Wilson and Christoph Engel Andreas Fuchs PART V: THE POLITICAL ECONOMY OF COMPETITION POLICY 15. Normative and Institutional Limitations to a More Economic Approach Dirk Schroeder 16. Competition Agencies, Independence, and the Political Process William E. Kovacic 17. On the (a)political Character of the Economic Approach to Competition Law Josef Drexl Index

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Book SynopsisCompetition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue.There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU.Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.Trade Review‘This book offers a wealth of thoughts and insights on the law and economics of competition policy enforcement in the EU and North America. Most papers are easily accessible to non-specialist readers, and even the economists’ papers are written in a non-technical fashion. The book therefore makes attractive reading for anyone interested in the enforcement of competition policy.’ -- Stefan Buehler, Jahrbucher für Nationalökonomie und Statistik‘The book will be of immense value for practitioners of economics and law, as well as to officials of national competition authorities, and non-governmental organisations dealing with consumer protection and competition law. Students of law and economics interested of competition law will also be likely to read this volume with much attention.’ -- Csilla Bónis, Acta Oeconomica‘. . . the book provides a fascinating and perceptive discussion of the judicial control of administrative decisions and the differing approaches in common and civil law jurisdictions. . . Every chapter is written by an outstanding thinker on the most important controversial issues of competition policy at the time of the conference. . . those concerned with competition policy, academics and practitioners will greatly enjoy the book. It is lively and lucid and includes much new thinking.’ -- Valentine Korah, World Competition‘Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come.’ -- Philip Marsden, British Institute of International and Comparative Law, London, UKTable of ContentsContents: Preface Introduction Abel M. Mateus PART I: OPENING SPEECHES 1. Speech by the President of the Republic at the Opening Session of the Second Lisbon Conference on Competition Law and Economics Aníbal Cavaco Silva 2. Helping Europeans Get the Best Deal: A Sound Competition Policy for Well-functioning Markets Neelie Kroes 3. Competition Policy and Consumer Protection in the EU Meglena Kuneva 4. Competition Policy Enforcement in the European Union: State of Art and Major Challenges Abel M. Mateus PART II: JUDICIAL CONTROL OF ADMINISTRATIVE DECISIONS AND PRIVATE ENFORCEMENT 5. Costs and Benefits of Private and Public Antitrust Enforcement: An American Perspective Douglas H. Ginsburg 6. Administrative Regulation versus Private Enforcement – the EU Perspective John D. Cooke 7. Improving Judicial Control of Administrative Decisions in Competition Enforcement Frédéric Jenny 8. The Effectiveness and Limitations of the Portuguese System of Competition Law Enforcement by Administrative and Civil Procedural Means José Manuel Sérvulo Correia PART III: MERGER CONTROL IN REGULATED MARKETS AND DYNAMIC ANALYSIS OF NETWORK MARKETS 9. Mergers in Regulated Industries: Electricity Dennis W. Carlton 10. Modelling Competition and Regulation in Wireless Telecommunications: A Progress Report Luís Cabral PART IV: MODERNIZATION OF ANTI-TRUST RULES AND INSTITUTIONS 11. Competition Law and Policy Modernization: Lessons from the U.S. Common-law Experience Thomas O. Barnett PART V: ABUSES OF DOMINANT POSITION AND MONOPOLIZATION: CONCLUSIONS OF THE DEBATES IN THE EU AND USA 12. Abuses of Dominant Position and Monopolization: Conclusions of the Major Debates in the EU and USA Emil Paulis 13. Abuses of Dominant Position, Intellectual Property Rights and Monopolization in EU Competition Law: Some Thoughts on a Possible Course of Action Inge Govaere 14. Abuses of Dominant Position and Monopolization: An Economic Perspective Patrick Rey 15. The Current Debate About Section 2 of the Sherman Act: Judicial Certainty versus Rule of Reason Barry E. Hawk 16. The Legal Periphery of Dominant Firm Conduct Herbert Hovenkamp 17. Monopolization and the Fading Dominant Firm Timothy F. Bresnahan PART VI: COMPETITION AND INDUSTRIAL POLICIES IN A GLOBALIZED WORLD 18. Do National Champions Have Anything to do with Economics? Anne Perrot 19. Competition Policy and Competitiveness in Europe John Fingleton 20. Ownership, Performance and National Champions Damien Neven 21. Antitrust Policy and Industrial Policy: A View from the U.S. Lawrence J. White 22. Recent Canadian Policy Towards Industry: Competition Policy, Industrial Policy and National Champions Thomas W. Ross PART VII: TOWARDS A MORE EFFICIENT APPROACH TO STATE AID 23. Economics in State Aid: Soon as Routine as Dentistry? Lowri Evans and Harold Nyssens 24. The New Approach to State Aid: Contributions and Limits from Case Law of the European Courts Massimo Merola and Marie Debieuvre Index

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