Competition law / Antitrust law Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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