Competition law / Antitrust law Books

Book SynopsisMakes the case that free markets in high technology industry deliver better products to consumers, at lower prices, without government intervention. This publication's careful scholarship, well-founded hypotheses, and refutations of previously accepted theories—extending far beyond the Microsoft case—make this publication a vital piece of understanding for the future of technology and economics.Trade Review“Powerful stuff, Winners, Losers & Microsoft promises to have an important impact on the debate about the appropriate use of antitrust in high-technology markets. It does indeed exhibit a very high caliber of scholarship, addresses the key questions posed by the proponents of anti-competitive 'lock-in,' and bases its conclusions on a wealth of new empirical evidence.” —William F. Shughart II, Barnard Distinguished Professor of Economics, University of Mississippi

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

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

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

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

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

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

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

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

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Book Synopsis“A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.Trade ReviewToday's [competition] bible is clearly, and without the shadow of a doubt, THE reference on Article 102 TFEU. I guess everyone should thank Robert O'Donoghue and Jorge Padilla for the assistance they have provided to the competition community since the 1st ed. There is a world before and a world after "The Law and Economics of Article 102 TFEU". Clearly, this book should be compulsory reading for anyone approaching the law of abuse of dominance. I guess it should even be subsidised by agencies. * Nicolas Petit, Chillin Competition Blog *Although it takes a law and economics approach, the book is highly accessible to the mere lawyer. * Christopher Stothers, European Competition Law Review, Volume 35, Issue 8 *The work is thoughtful, grammatical, lucid and tightly written...I have not found anything on Article 102 TFEU as easy to follow as this analysis of a difficult topic. It is most welcome. * Valentine Korah, World Competition Law and Economics Review, December 2014 *Table of ContentsSummary of Contents 1. Introduction, Scope of Application, and Basic Framework 2. History, Development, and Reform 3. Market Definition 4. Dominance 5. The General Concept of An Abuse 6. Predatory Pricing 7. Margin Squeeze 8. Exclusive Dealing and Related Practices 9. Loyalty Rebates and Related Practices 10. Refusal to Deal 11. Tying and Bundling 12. Exclusionary Non-Price Abuses 13. Abusive Conduct and Standards 14. Excessive Pricing 15. Abusive Discrimination 16. Other Exploitative Abuses 17. Abuses in Digital Platform Markets 18. Effect on Trade 19. REMEDIES

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

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Book SynopsisThis collection of essays addresses the transformations ongoing in the field of competition law by analysing current developments through the prism of Giuliano Amato’s Antitrust and the Bounds of Power – thereby building an intellectual bridge between past and present. Giuliano Amato’s book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market was published by Hart in 1997. It has predicted, articulated, and explained many of the changes that have taken place in competition law in the last 25 years, and it is referred to by generations of competition lawyers as a key theoretical work. There are many mutually invigorating reasons and explanations for the paradigmatic transformations that have occurred in competition law, economics, and policy since the 1990s. Some are triggered by the internal evolution of competition law; others are determined by the broader societal context. In this book, leading competition law thinkers reflect on these metamorphoses; they explore the state of affairs in the field, connecting it with and advancing their analyses through the ideas developed by Giuliano Amato in his ground-breaking book. With an afterword by Giuliano Amato and a foreword by Frédéric Jenny, this book is essential reading for anyone interested in the evolution of competition law.Table of Contents1. Introduction: The Dilemma of Liberal Democracy in the History of the Market: A New Look Oles Andriychuk (Newcastle University, UK) PART I COMPETITION POLICY: NEW WORLD? NEW MISSION? 2. Antitrust and the Rebound of Power: Reimagining Antitrust Cosmopolitanism Eleanor M Fox (New York University, USA) 3. Ensuring Market and State Accountability: The Private?Public Distinction in the EU Internal Market Miguel Poiares Maduro (Católica Global School of Law, Portugal) 4. The Boundaries of Antitrust in the European Union Giorgio Monti (Tilburg School of Law, the Netherlands) PART II COMPETITION LAW ENFORCEMENT 5. ‘Consumer Welfare’ and the EU Courts: An Unexpected Refuge for a Persecuted Concept? Assimakis Komninos (White & Case LLP, Brussels, Belgium) 6. Antitrust and the Golden Th read: Balancing the Presumption of Innocence with the Public Interest in Competition Enforcement Niamh Dunne (London School of Economics, UK) 7. Procompetitive Effects in EU Competition Law Stavros Makris (University of Glasgow, UK) PART III THE CONCEPT OF POWER 8. Preserving the Bounds of Power: The Narrow Path to a Future-Proof Competition Policy Ginevra Bruzzone (LUISS School of European Political Economy, Italy) 9. Digital Antitrust and Private Powers: The (Uneasy) Case of Marketplace Platforms Roberto Pardolesi (LUISS School of European Political Economy, Italy) 10. Revisiting the Concept of Power in the Digital Era Anna Gerbrandy (Utrecht University, the Netherlands) 11. Afterword Giuliano Amato (President of the Constitutional Court of Italy)

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Book SynopsisThe fourth edition of Conor Quigley’s highly acclaimed book provides lawyers, regulators and public officials with a definitive statement of the law and practice of State Aid. The book places State Aid law and policy in its economic, commercial and industrial context, exploring the concept of State Aid and its function as a tool of EU law. All of this is achieved by a thorough examination of the jurisprudence of the European Courts and the decisions, legislation and guidelines of the Commission in declaring aid compatible or incompatible with the internal market. The fourth edition includes new chapters on: - COVID-19 and Ukraine emergency measures - Brexit - EU foreign subsidy regulation - UK Subsidies Control and updated guidelines and block exemption regulations on: - Regional aid - R&D&I - Environmental protection and climate changeTrade ReviewA very useful and authoritative addition to the literature -- European State Aid Law Quarterly * Review of a Previous Edition *The chapters summarize and synthesize a large and complex body of case-law readably, clearly, interestingly, thoroughly and concisely...practical and comprehensive in approach...The book satisfactorily passed the key test: it told us what we needed to know in certain current State Aid cases more clearly than in other books consulted -- Common Market Law Review, Asger Petersen and J Temple Lang * Review of a Previous Edition *Any lawyer looking for a thoroughly researched, concise and comprehensive treatise on state aid law is well advised to read Quigley. This book is a 'must have' for state aid experts as well as those new to this area of law -- Business Law International * Review of a Previous Edition *Table of ContentsPart I: STATE AID AND ARTICLE 107 TFEU 1. The Notion of State Aid in EU Law 2. State Aid within Article 107(1) TFEU 3. Taxation and State Aid 4. Market Transactions and State Aid 5. Compatibility of State Aid with the Internal Market 6. Services of General Economic Interest Part II: EUROPEAN UNION STATE AID POLICY 7. Structure of EU State Aid Policy 8. Regional Aid 9. State Aid for Small and Medium-sized Enterprises 10. Training and Employment Aid 11. State Aid for Research and Development and Innovation 12. State Aid for Environmental Protection 13. Rescue and Restructuring Aid 14. Sectoral Aid 15. State Aid and Economic Crises Part III: SUPERVISION AND ENFORCEMENT: ARTICLE 108 TFEU 16. Assessment of State Aid by the European Commission 17. Recovery of Unlawful Aid 18. Enforcement of State aid law in National Court Proceedings Part IV: JUDICIAL REVIEW OF EU STATE AID DECISIONS 19. Judicial Review of EU Decisions: Admissibility 20. Judicial Review of EU Decisions: Substance Part V: FOREIGN AND UK SUBSIDY CONTROL 21. Subsidy Control and Third Countries 22. Subsidy Control in the UK

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

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

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Book SynopsisFranchising is experiencing explosive growth in the U.S. and abroad, triggering more legal transactions and queries about this multi-faceted area of law. Written specifically to help lawyers and non-lawyers brush up on franchise law, this respected publication - now in its fourth edition - is charged with useful definitions, practical tips, and expert advice from experienced franchise law practitioners. Covering the basics of franchise law in one, easy-to-read volume, this practical guide examines franchise law from a wide-range of experiences and viewpoints. Each chapter is written by two experienced practitioners and provides a well-rounded overview of franchise law. Key franchise law topics covered include: * Trademark law* Structuring the franchise relationship* Disclosure issues* Registration* Franchise relationship laws* Antitrust law* International franchising* Counseling franchisees In addition to covering the legal fundamentals, this resource also includes time-saving appendices on state franchise and business opportunity statutes; franchise relationship law citations and popular names; types of franchise relationship laws; statutory examples of good cause for termination; procedural requirements for termination and nonrenewal; and examples of other unlawful practices.Table of ContentsTable of Contents Chapter 1: Trademark Law Fundamentals and Related Franchising Issues Chapter 2: Structuring the Franchise Relationship Chapter 3: Franchise Disclosure Issues Chapter 4: Registration Chapter 5: Franchise Relationship Laws Chapter 6: Antitrust Law Chapter 7: International Franchising Chapter 8: Representing Franchisees Appendix A: State Franchise and Business Opportunity Registration and/or Disclosure Statutes Appendix B: Franchise Relationship Law Names and Citations Appendix C: Types of Franchise Relationship Laws Appendix D: Statutory Examples of Good Cause Appendix E: Procedural Requirements for Termination and Nonrenewal Appendix F: Examples of Other Unlawful Practices Table of Cases Index

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Book SynopsisThis up-to-date second edition spans the globe, presenting examples of competition law and analysis from six continents, nationally, regionally and internationally. The book covers competition law and analysis from six continents, presenting materials in a manner that the student (or scholar or practitioner) can understand the roots of the law as well as the roots of divergences among jurisdictions. It covers developed and developing countries, private firm and state restraints, and domestic and global restraints. For cross-border restraints, it covers issues of extraterritoriality, efforts at cooperation and convergence, and theories of global governance.The book covers all of the substantive categories: cartels, other competitor agreements, mergers, vertical agreements, and mergers; and new economy, high tech, and intellectual property issues. Jurisdictions featured include the European Union, China, and South Africa."This volume is a majestic survey of an issue whose time has truly come. It will not only be a building block in the enterprise of aligning global markets and national antitrust; it is a veritable world tour of the rules and practices that already propel that world further and map out its future direction."—David Lewis, Executive Director, Corruption Watch, Johannesburg, and Inaugural Chairperson of the South African Competition TribunalTrade ReviewThis volume is a majestic survey of an issue whose time has truly come. It will not only be a building block in the enterprise of aligning global markets and national antitrust; it is a veritable world tour of the rules and practices that already propel that world further and map out its future direction."—David Lewis, Executive Director, Corruption Watch, Johannesburg, and Inaugural Chairperson of the South African Competition Tribunal

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

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Book SynopsisThis is a very timely book which provides an unprecedented analysis of the factors which have shaped the competition law systems of ten Asian countries and Australia. The comprehensive discussion from varying viewpoints against the backdrop of the significantly different environments within which the respective regimes have developed creates a framework for the comparative assessment of competition law systems elsewhere in the world.'- Lutz-Christian Wolff, The Chinese University of Hong KongThis detailed book describes and analyses the essential political economy features that provide the backdrop to the competition policies and competition law regimes of several of the most important Asian economies.The book also discusses the impact of these political economy influences in determining whether the adopted competition policy is effective. Each of the authors - experts in their respective countries - offer specific insights into the nature and structure of their competition regimes and discuss to what extent the varied political economy factors unique to that country help to determine whether and to what extent the established system promotes or hinders economic competition in that jurisdiction.Comprising wide coverage of Asian jurisdictions, including Australia, this book will strongly appeal to students and academics of law, politics, economics and economic development, policy makers in national governments, international agencies and competition authorities, as well as practicing competition lawyers and in-house counsel.Contributors: M.F. Cheong, A. Fels, D. Fruitman, D. Healey, R.A.S. Jalit, J. Lee, Y.H. Lee, R.I. McEwin, P.S. Mehta, N.N. Sirait, T. Takigawa, S. Thanitcul, M. WilliamsTrade ReviewNew competition laws have been adopted throughout Asia in recent years, and some of the older laws have been significantly strengthened. This makes Asia a fascinating region in which to look at the political and economic circumstances of the countries in which such laws are to be found, and to consider the very different conditions that exist within them. This book will be an invaluable guide to anyone with an interest in the developing competition law regimes of this immensely important part of the world. --Richard Whish, King's College London, UKAs with every good academic book, this one will serve as the starting point of many more research projects to come. --Rupprecht Podszun, International Review of Intellectual Property and Competition LawTable of ContentsContents: 1. Introduction Mark Williams 2. Japan Toshiaki Takigawa 3. Korea Jaemin Lee 4. China Mark Williams 5. Vietnam David Fruitman 6. The Philippines Mark Williams and Ruby Ann S. Jalit 7. Malaysia and Singapore May Fong Cheong and Yin Harn Lee 8. Thailand R. Ian McEwin and Sakda Thanitcul 9. Indonesia Ningrum Natasya Sirait 10. India Pradeep S. Mehta 11. Australia Deborah Healey 12. Australia – A Regulator’s Perspective Allan Fels 13. Conclusion Mark Williams Index

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Book SynopsisThis book presents a detailed study of the interface between regional integration and competition policies of selected regional trade agreements (RTAs), and the potential of regional competition laws to help developing countries achieve their development goals. The book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and also help developing countries to fully enjoy the benefits deriving from a regional market. Bringing together analysis from well-known scholars in the developed world with practical insight from scholars in countries hoping to exploit the potential of competition law, this book will appeal to academics working in the field of competition law, practitioners, policymakers and officials from developing countries, as well as those in development organizations such as UNCTAD. Contributors: A. Amunategui Abad, M. Bakhoum, D.S. Beckford, J. Cortazar, J. Drexl, E.M. Fox, M.S. Gal, D.J. Gerber, G.K. Lipimile, G. Mamhare, J. Molestina, K. Moodaliyar, M. Ngom, T. Stewart, L. Thanadsillapakul, I.F. WassmerTrade ReviewThis book is very interesting and provides a valuable contribution to the scholarship on competition law in developing countries. Policymakers and lawyers involved in these fields will gain perspective about the benefits and problems related to the experiences presented in this work. --Andrés Palacios Lleras, World CompetitionThis wonderful volume offers a timely and important look at competition policy where it is changing the most - developing countries pursuing regional agreements. It provides superb analytical discussions of the impact of regional competition policy integration, why developing states have pursued this strategy, and the extent to which it is meeting their needs. The editors have assembled a superb roster of experts, so it is not a surprise that the book recommendations are insightful, and deserving of attention from policy makers. --Andrew Guzman, Berkeley Law SchoolThis book makes it perfectly clear that a pro-competitive environment is an important condition for further progress on the road to development. The potential for improvement is even larger if the competitive framework is not reserved to the national level but extends to the regional dimension. The task is complex, and errors cannot be excluded. This highly recommendable book shows how to avoid them. --Andreas Heinemann, International Review of Intellectual Property and Competition LawTable of ContentsContents: Introduction Mor Bakhoum PART I: PROMISES AND CHALLENGES IN IMPLEMENTING REGIONAL COMPETITION POLICY REGIMES 1. The Harmonization of ASEAN: Competition Laws and Policy from an Economic Integration Perspective Lawan Thanadsillapakul 2. Competition Law and Policy in the Framework of ASEAN Anthony Amunategui Abad 3. Southern African Development Community (SADC) Regional Competition Policy Gladmore Mamhare 4. Competition Policy in SADC: A South African Perspective Kasturi Moodaliyar PART II: INSTITUTIONAL COHERENCE, REGIONAL INTEGRATION AND COMPETITION POLICY 5. Institutional Coherence and Effectiveness of a Regional Competition Policy: The Case of the West African Economic and Monetary Union (WAEMU) Mor Bakhoum and Julia Molestina 6. Regional Integration and Competition Policy in the Economic Community of West African States (ECOWAS) Region Mbissane Ngom 7. Andean Competition Law: Looking for the Private Sector, or the Quest for the Missing Link in Antitrust Javier Cortázar PART III: ECONOMIC STRUCTURE, REGIONAL INTEGRATION AND COMPETITION LAW ENFORCEMENT 8. Regional Integration in the Caribbean: The Role of Competition Policy Taimoon Stewart 9. Implementing Effective Competition Policy through Regional Trade Agreements: The Case of CARICOM Delroy S. Beckford 10. The COMESA Regional Competition Regulations George K. Lipimile PART IV: THE DEVELOPMENT DIMENSION OF REGIONAL INTEGRATION AND COMPETITION POLICY 11. Economic Integration and Competition Law in Developing Countries Josef Drexl 12. Regionalization, Development and Competition Law: Exploring the Political Dimension David J. Gerber 13. Competition, Development and Regional Integration: In Search of a Competition Law Fit for Developing Countries Eleanor M. Fox 14. Regional Agreements of Developing Jurisdictions: Unleashing the Potential Michal S. Gal and Inbal Faibish Wassmer 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 state-of-the-art volume highlights important recent research contributions covering all the significant themes surrounding competition policy and regulation, including financial regulation and multisided markets. Bringing scholars and policy makers to the frontiers of research and addressing the critical issues of the day, the book presents original important new theoretical and empirical results. The distinguished contributors include: P. Agrel, K. Alexander, J. Cremer, X. Dassiou, G. Deltas, F. Etro, L. Filistrucchi, P. Fotis, M. Gilli, J. Harrington Jr, T. Huertas, M. Ivaldi, B. Jullien, V. Marques, M. Peitz, Y. Spiegel, E. Tarrantino and G. Wood. Recent Advances in the Analysis of Competition Policy and Regulation will prove insightful for academic economists, consultants and policy makers interested in these fields. Contributors: P.J. Agrell, K. Alexander, G. Biglaiser, E. Calvano, C. Cambini, J. Cremer, X. Dassiou, G. Deltas, F. Etro, L. Filistrucchi, R. Fiocco, A. Fortunato, P.N. Fotis, A. Gautier, M. Gilli, D. Glycopantis, J.E. Harrington Jr., T.F. Huertas, M. Ivaldi, B. Jullien, Y. Katsoulacos, T.J. Klein, J. Koenen, V. Marques, T.O. Michielsen, S. Mitraille, C. Muller, M. Peitz, L. Rondi, A. Salvo, I. Soares, Y. Spiegel, E. Tarantino, H. Vasconcelos, G. WoodTrade ReviewThis volume collects a number of original, cutting-edge contributions that take the reader swiftly and easily to the frontier of research on most of the current hot topics in industrial organization, antitrust and regulation. Skillfully edited by two outstanding leaders in the field, the volume will be a precious source for students, researchers and practitioners that need to figure out what research has achieved in recent years on these important policy issues. --- Giancarlo Spagnolo, SITE - Stockholm School of Economics and University of Tor Vergata, SwedenTable of ContentsContents: Introduction Joseph E. Harrington Jr and Yannis Katsoulacos PART I: COMPETITION POLICY AND RELATED ISSUES 1. Switching Costs and Network Effects in Competition Policy Jacques Crémer and Gary Biglaiser 2. Corporate Leniency with Private Information: An Exploratory Example Joseph E. Harrington Jr 3. The Economics of Pending Patents Johannes Koenen and Martin Peitz 4. Testing for the Presence of a Maverick in the French Audit Industry Marc Ivaldi, Sébastien Mitraille and Catherine Muller 5. Optimal Decisions in Two-stage Bundling Xeni Dassiou and Dionysius Glycopantis 6. Competition Policy and Firm’s Damages Panagiotis N. Fotis 7. Social-Welfare-Enhancing Collusion and Trade George Deltas, Alberto Salvo and Helder Vasconcelos PART II: ONLINE SEARCH, ADVERTISING AND TWO-SIDED MARKETS 8. A Note on Vertical Search Engines’ Foreclosure Emanuele Tarantino 9. Issues in Online Advertising and Competition Policy: A Two-sided Market Perspective Emilio Calvano and Bruno Jullien 10. Assessing Unilateral Merger Effects in the Dutch Daily Newspaper Market Lapo Filistrucchi, Tobias J. Klein and Thomas O. Michielsen 11. Leadership in Multi-sided Markets and Dominance in Online Advertising Federico Etro PART III: REGULATION 12. Bargaining and Collusion in a Regulatory Model Raffaele Fiocco and Mario Gilli 13. Investment and the Strategic Role of Capital Structure in Regulated Industries: Theory and Evidence Carlo Cambini, Laura Rondi and Yossi Spiegel 14. Rethinking Regulatory Capture Per J. Agrell and Axel Gautier 15. Can Structural Models be Useful to Understand the Electricity Wholesale Markets? An Application to Spain Vítor Marques, Adelino Fortunato and Isabel Soares PART IV: FINANCIAL REGULATION 16. Rebuilding International Financial Regulation and Basel III Kern Alexander 17. The Shock of the Old: The First Financial Crisis of the Twenty-first Century Geoffrey Wood 18. Fixing Finance: Are We There Yet? Thomas F. Huertas Index

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Book SynopsisPrivate Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies. Contributors: W.K. Arends, A.C. Briggs, W.J. Bruckner, P.B. Clayton, C.C. Corbitt, E.L. Cramer, M.B. Eisenkraft, A.A. Foer, A.J. Gaughan, P. Gilbert, J. Goldberg, D.E. Gustafson, M.D. Hausfeld, K. Kinsella, R.H. Lande, J. Langenfeld, S. Martin, K.J.L. O'Connor, H.L. Renfro, J.D. Richards, V. Romanenko, J.L. Rubin, M.R. Salzwedel, A.E. Shafroth, D.C. Simons, S.P. Slaughter, R.M. Stutz, B.E. Sweeney, J. Tabacco, M.J. Waters, S. Wheatman, K.C. Wildfang, G.G. Wrobel, J.A. ZahidTrade Review’The 2012 Handbook is one of the most practical and strategic looks at the formulation and conduct of private treble litigation available. It is practically unique in going beyond the substance of the antitrust law and giving the reader a peek behind the curtain as to how private antitrust litigation actually functions. It will prove to be of great value to students and practitioners, both inside and outside the United States, who want to understand what really occurs in and outside the courtroom.’ -- --World Competition: Law and Economics ReviewTable of ContentsContents: Preface Albert A. Foer and Randy M. Stutz Introduction: Benefits of Private Enforcement Robert H. Lande 1. Defining Antitrust Violations in the United States Bonny E. Sweeney 2. Pre-complaint Activities Craig C. Corbitt, Judith A. Zahid and Patrick B. Clayton 3. Parties Entitled to Pursue a Claim Eric L. Cramer and Daniel C. Simons 4. Initiation of a Private Action Michael D. Hausfeld 5. Class Actions J. Douglas Richards, Michael B. Eisenkraft and Abigail E. Shafroth 6. Procedural Defenses Short of Trial Jonathan L. Rubin 7. Pretrial Discovery in Civil Litigation Joseph Goldberg and Dan E. Gustafson 8. Economic Experts James Langenfeld, Gregory G. Wrobel and Michael J. Waters 9. Plaintiffs’ Remedies W. Joseph Bruckner and Matthew R. Salzwedel 10. Funding Litigation K. Craig Wildfang and Stacey P. Slaughter 11. Interaction of Public and Private Enforcement Kevin J.L. O’Connor, Anthony J. Gaughan, Hannah L. Renfro, Adam C. Briggs and Wendy K. Arends 12. Settlement Practice from Both a Plaintiff and Defense Perspective Joseph Tabacco and Scott Martin 13. Class Notice and Claims Administration Katherine Kinsella and Shannon Wheatman 14. Cy Pres as a Remedy in Private Antitrust Litigation Albert A. Foer 15. Proposals for Reform Pamela Gilbert and Victoria Romanenko Index

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

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

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

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

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

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

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

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