Competition law / Antitrust law Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisCompetition law has changed substantially since 1990. The worldwide tendency toward market-based economic systems has induced many countries to adopt competition rules. This innovative book discusses the global character of competition law focusing on three interrelated perspectives; firstly, the impact of economics on competition policy; secondly, the competition law experience in selected countries (USA, EU, Japan, India, China, Brazil, transition countries) and how the law has adapted to the political, economic, geographic and cultural environment; and thirdly, the process of internationalisation and convergence of competition law.This book will be an invaluable read for academics and postgraduate students in competition policy, economics of law and international business law, as well as for competition law practitioners in international firms.Trade Review‘. . . the volume provides interesting insights and provokes deeper reflection on various issues. It can thus be recommended to anyone interested in the international development of competition law and policy.’ -- Arndt Christiansen, European Competition Law Review‘The work provides an impressive overview of the various and relevant aspects of competition law, and offers a new insight for advanced students and researchers interested in the development of competition law. The potential challenge before policy-makers to find a proper balance in the use of economic theories in competition law has been argued in this book, and it shows the ample scope for additional research on this issue.’ -- Avinash Dadhich, Communications Law‘This is a very valuable book! It collects symposium papers that analyze key issues and important developments in global competition law today. It explores methodological foundations, including the roles of economics, and recent experiences in key countries (China, Japan, India and Eastern Europe). One section contains highly illuminating articles on private enforcement, criminalization of competition law, the role of globalization and the process of competition law change. All of the articles are valuable, and many are outstanding.’ -- David J. Gerber, Chicago-Kent College of Law, USTable of ContentsContents: Preface Roger Zäch, Andreas Heinemann and Andreas Kellerhals PART I: THE METHODOLOGICAL FOUNDATIONS OF COMPETITION LAW 1. EC Competition Law: The Dominance of Economic Analysis? Giorgio Monti 2. Fifteen Years of Supreme Court Antitrust Jurisprudence: The Defendant Always Wins Warren S. Grimes 3. Freedom to Compete or Consumer Welfare: The Goal of Competition Law According to Constitutional Law Roger Zäch and Adrian Künzler PART II: THE DIVERSITY OF COMPETITION LAW REGIMES 4. The Development of Competition Law for the Last 15 Years in Japan: Progress or Setback? Iwakazu Takahashi 5. Metamorphosis of Indian Competition Law Srinivasan Chakravarthy 6. Thirty Years of PRC Anti-monopoly Law under ‘State-Market’ Yardstick: From Retrospective and Prospective Viewpoints Yong Huang and Shan Jiang 7. Transition Countries Facing Transitory Competition Rules: ‘Moving Shooter’ Taking Aim at a ‘Moving Target’ Josef Bejček 8. Cartel Deterrence and Settlements: The Brazilian Experience Paulo Furquim de Azevedo and Alexandre Lauri Henriksen PART III: PERSPECTIVES 9. The Development of the World Economy and Competition Law Rainer Geiger 10. Is Criminalisation of EU Competition Law the Answer? Wouter P.J. Wils 11. Private Enforcement in Europe Andreas Heinemann 12. Competition Law de Lege Ferenda Daniel Zimmer Index

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Book SynopsisKey features:- Edited by leading academics and an experienced practitioner- Combines both practical insight and scholarly analysis- A rich compendium of commentary and analysis on all the main themes of competition law- Extensive coverage of both substantive, procedural and enforcement issues in two volumes.Handbook on European Competition Law: Substantive Aspects sets the context for examination of substantive law by reviewing and analyzing the goals of competition law. It then covers the substantive building blocks of EU competition law, including horizontal and vertical agreements, cartels, mergers, and also provides valuable coverage of the interaction between competition and regulation, hub and spoke collusion, and information exchange agreements. The importance of the abuse of dominance doctrine is reflected in three discrete chapters considering exploitative abuses, exclusionary pricing abuses, and exclusionary non-pricing abuses.The companion volume, Handbook on European Competition Law: Enforcement and Procedure, sets out in detail the procedural aspects of EU Competition Law, ranging from fines, remedies and judicial review. It also gives unique insight into both private and public enforcement of completion law, and offers commentary on the relationship between EU competition law and national competition law, and on the relationship between competition law and private international law.This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.Contributors: S. Anderman, A. Coscelli, G. Edwards, G. Faella, M.S. Gal, A. Jones, I. Kokkoris, I. Lianos, L. Lovdahl Gormsen, D. Mantzari, L.D.S. Morais, R. Nazzini, O. Odudu, N. Petit, A. Stephan, J. Tapia, F. Wagner-von PappTable of ContentsContents: Foreword Preface 1. Some Reflections on the Question of the Goals of EU Competition Law Ioannis Lianos 2. Horizontal Cooperation Agreements Luís D.S. Morais 3. Information Exchange Agreements Florian Wagner-von Papp 4. Vertical Agreements Gianluca Faella 5. Cartels Andreas Stephan 6. Hub and Spoke Collusion Okeoghene Odudu 7. The Oligopoly Problem in EU Competition Law Nicolas Petit 8. Dominance and Market Power in EU Competition Law Enforcement Andrea Coscelli and Geoff Edwards 9. Abuse of Dominance – Exploitative Abuses Michal S. Gal 10. Abuse of Dominance: Exclusionary Pricing Abuses Alison Jones and Lisa Lovdahl Gormsen 11. Abuse of Dominance: Exclusionary Non-pricing Abuses Renato Nazzini 12. Merger Control: Substantive Issues Ioannis Kokkoris 13. Innovation, IPRs and EU Competition Law Steve Anderman 14. The Regulation/Competition Interaction Javier Tapia and Despoina Mantzari Index

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

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

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

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

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

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Book SynopsisThis insightful book reviews the inherent conflict between patent rights and industry standards and through analysis of both US and European case law proposes measures to improve current systems and foster greater innovation.Jae Hun Park searches for the appropriate balance between the rights of patent owners and the need for industry standards within the scope of patent law. He considers the current solutions provided by legal systems and using cost?benefit analysis evaluates, from a legal and economic perspective, whether patent systems can be improved. Jae Hun Park proposes reform to the patent system that would introduce a ?dynamic liability rule regime?, rather than ?property rules?. The ?dynamic liability rule regime? adopts property rules at the stage when there are still competing standards, and liability rules at the stage when there are no competing standards. This would, he argues, resolve the conflict between patents and standards and mitigate the patent hold-up problem.This is a must-read book for scholars interested in technology patents, innovation and competition law and policy, as well as those individuals working in standard setting organisations. It will also be of great interest to patent offices, patent attorneys and competition lawyers.Trade Review‘Dr Jae Park is to be congratulated for turning our attention to this difficult and underexplored area. His work focuses on standards and patents but goes well beyond an initial first analysis. He examines the finer points of both sets of rules in order to find out exactly where the problem lies and he then looks at the existing mechanisms that could provide a solution. Many of these have their roots in the area of competition law, but his thorough analysis shows that competition law in its current form and with its current limitations is not the perfect tool to address the problems that arise when patented technology becomes the object of standardisation. This leads Dr Park to develop his own solution for the problem at hand: a solution which he finds in the dynamic liability rules regime. This book really breaks new ground and provides a first and thorough analysis of this rarely addressed but increasingly important area.’ -- From the foreword by Paul L.C. Torremans, University of Nottingham, UKTable of ContentsContents: Foreword by Paul L.C. Torremans 1. Introduction 2. Industry Standards 3. Patents and Standards in the US 4. Patents and Standards in the EU 5. Patent Laws and Standards 6. Costs and Benefits of Patent Systems 7. Alternative Solutions and a Suggested Solution 8. Conclusion References Index

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Book SynopsisDo institutions matter in economic theory? Or is the economic analysis of institutions a distraction from the most important action? Indeed, does Vernon Smith’s notion of the “institution-free core” of formal economic theory encompass that most important action? Would that render an “economics of organization” almost devoid of economic content?The author takes up an approach that is more agnostic, inter-disciplinary and even a little irreverent. What can theory do and not do? Theory can stimulate questions about how parties manage competing demands for commitment and flexibility in their relationships but what blind spots persist? The book opens with an informal tour of the economics of system design out of which an economics of adaptation ultimately emerged. It then offers explorations, via the application of the economics of adaptation in both law and economics’ relating to how parties manage relationships within the firm, within the context of long-term contracts and, most vividly, within the context of antitrust conspiracy.Advanced undergraduates, graduate students and teaching faculty in economics, public policy, management and law will find the book relevant, as it maps out connections between literatures that are not often made explicit. For historians of economic thought the book lays out a much richer understanding of what the economics of organization is (and is not), and situates it next to design economics.Table of ContentsContents: Preface 1. The Provenance of an Economics of Adaptation in Long-term Relationships 2. The Single Entity Question in Antitrust: Ownership, Control and Delegation in Organizations 3. Platform Competition, the Apple eBooks Case and the Meaning of Agreement to Fix Prices 4. Adaptation in Long-term Exchange Relations: Evidence of the Complementarity and Ancillarity of Dimensions of Electricity Marketing Contracts 5. The Financial Structure of Commercial Revolution: Financing Long-distance Trade in Venice 1190-1220 and Venetian Crete 1278-1400 6. Knowledge Spillovers and Industrial Policy: Evidence from the Advanced Technology Program and the Department of Defense Index

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Book SynopsisCompetition law and policy is a topical and relevant field of research which has been analysed from both global and national perspectives. This authoritative research review is the first of its kind to bring together seminal works from leading scholars in economic development and in competition law. This encompasses the most up-to-date and rigorous methodologies of empirical and technical analysis, with a specific focus on the problem of developing countries. This research review discusses the theoretical and political foundations of competition policies versus industrial policies and the raging debate between market-based versus interventionist industrialization policies as well as including the most relevant literature on competition law and enforcement in developing countries, including a cross section and case study perspective.Trade Review‘These two volumes contain a superb collection of readings on how markets, competition, and competition law can enhance the growth and development of developing countries. . . These volumes, containing also many other readings I have no space to mention, cover a wide range of topics lucidly, succinctly, and carefully. They are superb.’Table of ContentsContents: Volume I Acknowledgements Introduction Eleanor M. Fox and Abel M. Mateus PART I POLITICAL ECONOMY OF ECONOMIC DEVELOPMENT, INSTITUTIONS AND THE ROLE OF COMPETITION A. Economic Development and the Role of the Market Mechanism, Institutions and Policies in Developing Countries 1. Michael Spence et al. (2008), ‘Sustained, High Growth in the Postwar Period’ 2. Michael Spence et al. (2008), ‘The Policy Ingredients of Growth Strategies’ B. The Role of Markets and Competition Policies from a National Perspective 3. R.S. Khemani (2007), ‘Interplay and Implications of High Product, Ownership and Financial Market Concentration’ 4. R.S. Khemani (2007), ‘Pro-Poor Benefits of Competition and Economic Growth’ 5. Philippe Aghion and Mark Schankerman (2004), ‘On the Welfare Effects and Political Economy of Competition-Enhancing Policies’ C. Interest Groups, the Political Process and Competition in Developing Countries 6. Gene M. Grossman and Elhanan Helpman (1994), ‘Protection for Sale’ 7. Karla Hoff and Joseph E. Stiglitz (2004), ‘After the Big Bang? Obstacles to the Emergence of the Rule of Law in Post-Communist Societies’ D. The Role of Institutions in Development 8. Dani Rodrik (2000), ‘Institutions for High-Quality Growth: What They Are and How to Acquire Them’ E. The Problem of the Bottom Billion 9. Paul Collier (2006), ‘African Growth: Why a “Big Push”?’ PART II GLOBALIZATION AND ITS IMPACT ON DEVELOPING COUNTRIES 10. Jagdish Bhagwati and T.N. Srinivasan (2002), ‘Trade and Poverty in the Poor Countries’ 11. Pranab Bardhan (2004), ‘The Impact of Globalization on the Poor’ 12. Ann Harrison and Margaret McMillan (2007), ‘On the Links Between Globalization and Poverty’ 13. Joseph E. Stiglitz (2004), ’Globalization and Growth in Emerging Markets’ PART III INDUSTRIAL VERSUS COMPETITION POLICIES, PRIVATIZATION AND LIBERALIZATION A. Privatization and Liberalization: A Critique of the Washington Consensus 14. John Williamson (1993), ‘Democracy and the “Washington Consensus”’ 15. Clifford Zinnes, Yair Eilat and Jeffrey Sachs (2001), ‘The Gains from Privatization in Transition Economies: Is “Change of Ownership” Enough?’ 16. T.N. Srinivasan (2000), ‘The Washington Consensus a Decade Later: Ideology and the Art and Science of Policy Advice’ 17. Rudiger Dornbusch (1992), ‘The Case for Trade Liberalization in Developing Countries’ 18. Paul R. Krugman (1987), ‘Is Free Trade Passé?’ 19. Dani Rodrik (1992), ‘The Limits of Trade Policy Reform in Developing Countries’ 20. Sebastian Edwards (1998), ‘Openness, Trade Liberalization, and Growth in Developing Countries’ 21. Dani Rodrik (2006), ‘Goodbye Washington Consensus, Hello Washington Confusion? A Review of the World Bank’s Economic Growth in the 1990s: Learning from a Decade of Reform’ B. Industrial Policy Versus Competition Policy 22. Gene M. Grossman (1990), ‘Promoting New Industrial Activities: A Survey of Recent Arguments and Evidence’ 23. Dani Rodrik (2007), Normalizing Industrial Policy 24. Marcus Noland and Howard Pack (2003), ‘Conclusions’ Volume II Acknowledgements Introduction Eleanor M. Fox and Abel M. Mateus PART I COMPETITION LAW AND ADVOCACY A. Foundations and Perspectives – Are Developing Countries Different? 1. Eleanor M. Fox (2007), ‘Economic Development, Poverty and Antitrust: The Other Path’ 2. Ignacio De León (2008), ‘Latin American Competition Policy: From Nirvana Antitrust to Reality-Based Institutional Competition Building’ B. Monopolies and Abuse of Dominant Position 3. Michael Adam and Simon Alder (2008), ‘Abuse of Dominance and its Effects on Economic Development’ 4. Philippe Brusick and Simon J. Evenett (2008), ‘Should Developing Countries Worry About Abuse of Dominant Power?’ 5. David Lewis (2008), ‘Chilling Competition’ C. Cartels 6. Frédéric Jenny (2006), ‘Cartels and Collusion in Developing Countries: Lessons from Empirical Evidence’ 7. John M. Connor (2009), ‘Latin America and the Control of International Cartels’ D. Institutions 8. William E. Kovacic (2001), ‘Institutional Foundations for Economic Legal Reform in Transition Economies: The Case of Competition Policy and Antitrust Enforcement’ 9. Abel M. Mateus (2010), ‘Competition and Development: Towards an Institutional Foundation for Competition Enforcement’ E. International Architecture 10. Robert Anderson and Frédéric Jenny (2005), ‘Competition Policy, Economic Development and the Possible Role of a Multilateral Framework on Competition Policy: Insights from the WTO Working Group on Trade and Competition Policy’ 11. Eleanor M. Fox (2009), ‘Linked-In: Antitrust and the Virtues of a Virtual Network’ 12. Simon J. Evenett (2005), ‘What Can We Really Learn from the Competition Provisions of RTAs?’ 13. Joel P. Trachtman (2003), ‘Legal Aspects of a Poverty Agenda at the WTO: Trade Law and “Global Apartheid”’ PART V SELECTED COUNTRY EXPERIENCES A. China 14. Giacomo Di Federico (2009), ‘The New Anti-monopoly Law in China from a European Perspective’ B. India 15. Aditya Bhattacharjea (2008), ‘India’s New Competition Law: A Comparative Assessment’ C. Mexico 16. Rafael del Villar (2008), ‘Competition and Equity in Telecommunications’ D. Sub-Saharan Africa 17. Thulasoni Kaira (2008), ‘The Role of Competition Law and Policy in Alleviating Poverty – The Case of Zambia’

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Book SynopsisThis unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach. Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyze how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation.This unique book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation. Contributors include: L.A. Andres, F.-L. Chen, M. Faure, R. Gilbert, J.L. Guasch, Y. Huang, R. Pardolesi, N. Philipsen, D. Rubinfeld, T. Ulen, R. Van den Bergh, S. Weishaar, D. Yu, L. Yu, V. Zhang, X. Zhang, Z. ZhangTrade Review‘. . . this edited collection should make for an interesting read for those interested in Chinese competition law, especially in abuse of administrative monopoly.’ -- Thomas K. Cheng, World CompetitionTable of ContentsContents: 1. Introduction/Editorial Foreword Michael Faure and Xinzhu Zhang PART I: GENERAL ISSUES 2. The Uneasy Case for Competition Law and Regulation as Decisive Factors in Development: Some Lessons for China Thomas S. Ulen 3. Study on Frontier Issues and the Future Road of Regulation Over Monopoly Agreements in China Yong Huang and Zhe Zhang 4. Critical Issues in the Enforcement of the Anti-Monopoly Law in China: A Law and Economics Perspective Roger Van den Bergh and Michael Faure PART II: COMPETITION LAW AND ADMINISTRATIVE MONOPOLIES 5. The Measure of Regional Administrative Monopoly in China Liangchun Yu and Donghua Yu 6. Administrative Monopolies, State Aid, Barriers to Entry and Market Integration: Challenges for the Chinese Anti-Monopoly Law Stefan Weishaar 7. Regulation and Corporate Governance of State-owned Enterprises: Issues for Improved Efficiency and Competitiveness and Lessons for China Luis Alberto Andrés, José Luis Guasch and Sebastián López Azumendi PART III: INDUSTRIAL AND PROFESSIONAL REGULATION 8. The Industrial Regulation of China: Basic Experiences and Lessons Fuliang Chen 9. Professional Licensing and Self-regulation in Europe and China: A Law and Economics Perspective Niels Philipsen PART IV: MERGER CONTROL 10. Chinese Merger Control: Patterns and Implications Xinzhu Zhang and Vanessa Yanhua Zhang 11. Revising the Horizontal Merger Guidelines: Lessons from the US and the EU Richard Gilbert and Daniel Rubinfeld PART V: SUBSTANTIVE COMPETITION LAW: CARTELS, ABUSE OF DOMINANCE AND PREDATION 12. Monopoly Agreements and Abuse of Dominance: Some Remarks About the Substantive Rules Roberto Pardolesi 13. The Legal Regime Preventing Predation in the People’s Republic of China: A Law and Economics Analysis Stefan Weishaar PART VI: CONCLUSIONS: FUTURE LOOK 14. Concluding Remarks Michael Faure and Xinzhu Zhang Index

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

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Book SynopsisThe book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries.Tu Thanh Nguyen argues that technology transfer-related competition law should be ‘glocalized’ appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances.Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.Trade Review‘The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners.’ -- European Intellectual Property Review‘This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book’s unique contribution is a set of comparative case studies on this complex interface.’ -- D. Daniel Sokol, University of Florida. Levin College of Law, USTable of ContentsContents: Preface 1. Technology Transfer and Competition Rules Under the TRIPS Agreement 2. Application of Competition Law to Technology Transfer in Developed Countries – US and EU Perspectives 3. Application of Competition Law to Technology Transfer in Developing Countries 4. Prospects of Technology Transfer-Related Competition Law in a Global Context 5. Implications for Developing Countries Bibliography Index

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Book SynopsisThis indispensable Handbook examines the interface of competition policy, competition law and industrial economics.The book aims to further our understanding of how economic reasoning and legal expertise complement each other in defining the fundamental issues and principles in competition policy. In specially commissioned chapters the book provides a scholarly review of economic theory, empirical evidence and standards of legal evaluation with respect to monopolization of markets, exploitation of market power and mergers, among other issues.The International Handbook of Competition Second Edition will be accessible to a wide audience including students of economics and law, public administrators, lawyers, consultants, and business executives.Contributors: D.B. Audretsch, E.W. Bond, A.W.A. Boot, V. Ghosal, R. Griffith, K. Hüschelrath, C. Kirchner, M. Marinc, S. Martin, D.C. Mueller, L. Nesheim, M. Neumann, A. Rasch, A. Rathbone, C. Rowley, A. Wambach, J. Weigand, B.B. YurtogluTrade Review’This comprehensive Handbook demonstrates that academic thinking, new and old, has a role to play in shaping modern competition policy. -- Gunnar Niels, OxeraTable of ContentsContents: Introduction Manfred Neumann and Jürgen Weigand 1. Globalization and the Natural Limits of Competition Stephen Martin 2. Efficiency versus Market Power through Mergers Dennis C. Mueller and B. Burcin Yurtoglu 3. Entrepreneurship and Competition Policy David B. Audretsch 4. Trade Policy and Competition Policy: Conflict vs. Mutual Support Eric W. Bond 5. Financial Services: Strategic Positioning and Competitive Issues Arnoud W.A. Boot and Matej Marinč 6. The Political Economy of Antitrust Charles Rowley and Anne Rathbone 7. Defining Antitrust Markets Rachel Griffith and Lars Nesheim 8. Reconceptualizing Competition and Competition Policy in a New Institutional Economics-Perspective Christian Kirchner 9. Horizontal Concentration, Endogenous Fixed Costs, Efficiency and Merger Control Manfred Neumann 10. Assessing Potential Competition in Antitrust Markets Vivek Ghosal 11. Fighting Hard Core Cartels Kai Hüschelrath and Jürgen Weigand 12. Auctions and Competition Policy Alexander Rasch and Achim Wambach Index

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Book Synopsis'This fine collection of essays demonstrates in a very articulate way why EU State aid law has taken the centre stage of EU law. In eighteen chapters the reader is provided with a fascinating snapshot of the main issues and developments of the law. The key elements of the EU policy are analysed in a critical way often leading to new insights. In addition the book contains a wealth of material greatly facilitating further research.'- Piet Jan Slot, University of Leiden, the Netherlands'European state aid law needs more self-questioning and more intellectual debate. In my view, this Research Handbook is a very valuable contribution to this necessary process. It correctly identifies the most intellectually problematic issues within state aid law and asks the right questions. This may be due to the balance in the excellent selection of contributors, coming both from the academia and from practice. This guarantees, on the one hand, that the questions are relevant in practice and not purely theoretical but also provides, on the other hand, for a rigorous analytical approach when confronting the issues. The result is a fresh and interesting new look to many of the basic issues of state aid law.'- Jose Luis Buendia Sierra, Garrigues, Brussels, Belgium, and King's College London, UK This timely new Handbook reflects on current issues that confront State aid law and policy in the EU. State aid was a neglected area of competition law until attempts to modernize it became central to the Lisbon process 2000 where the aim was to encourage 'intelligent' State aid by reducing aid to specific sectors and by making better use of aid for horizontal projects central to EU integration concerns. This policy framework has underpinned the new approach to State aid policy in the EU in recent years and informs many of the chapters in this book. Contributions from leading academics, regulators and practising lawyers, discuss topics devoted to modernization, problems faced by recent enlargements of the EU, the role of State aid in the fiscal crisis and recession, the role of the private market investor test, regional aid, environmental aid and the review of the Altmark ruling. Perspectives on State aid law and policy from the disciplines of economics and political science are also explored in detail. Research Handbook on European State Aid Law will appeal to academics, regulators, national and EU government officials, practitioners and postgraduate students who are involved in State aid law.Contributors: C. Ahlborn, A. Bartosch, A. Biondi, A. Birnstiel, M. Blauberger, L. Coppi, M.-A. Dittel, M. Everson, M. Farley, L. Hancher, H. Heinrich, H.C.H. Hofmann, K.-O. Junginger-Dittel, J. Kavanagh, T. Kleiner, M. Krajewski, R. Krämer, A. Lykotrafiti, C. Micheau, A. Morini, P. Nebbia, G. Niels, D. Piccinin, S. Pilsbury, F. Salerno, M. Schütte, E. SzyszczakTrade Review'This Research Handbook provides an in-depth exploration of some of the most difficult and controversial issues in current State aid law and policy. It is unusual in providing not only a legal but also an economic and political science perspective on this rapidly developing area of EU law. The Handbook will be a welcome addition to the shelves of State aid practitioners and academics alike.' --Kelyn Bacon, Brick Court Chambers, London, UK'Erika Szyszczak is to be applauded for having assembled a very significant line-up of contributors and contributions in a very well-geared edited collection. . . the reviewer has enjoyed reading this edited collection. . . The book is comprehensive in highlighting the right issues and offering the right mix of high-level/detailed analysis that a complex subject such as State aid requires. As such, this edited collection will certainly be of use to policy-makers, practitioners, and students alike. What is also certain is that it will have a privileged position on my State aid shelf for a long time.' --Luca Rubini, Yearbook of European Law'Erika Szyszczak and the team have come up trumps with a modern comment on state aid and policy. Thank you!' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Erika Szyszczak 1. Modernization of State Aid Policy Thibaut Kleiner 2. State Aid Control from a Political Science Perspective Michael Blauberger 3. State Aid in the Accession States Alexander Birnstiel and Helge Heinrich 4. The Role of Economics in State Aid Analysis and the Balancing Test Lorenzo Coppi 5. The Market Economy Investor: An Economic Role Model for Assessing State Aid James Kavanagh, Gunnar Niels and Simon Pilsbury 6. The Intersection between the Market Economy Investor Principle and the One Time-last Time Principle in the Context of Airline Restructuring Operations Antigoni Lykotrafiti 7. The Great Recession and Other Mishaps: The Commission’s Policy of Restructuring Aid in a Time of Crisis Christian Ahlborn and Daniel Piccinin 8. The Concept of Selectivity? Andreas Bartosch 9. State Aid and Taxation in EU Law Claire Micheau 10. Regional State Aid Maja-Alexandra Dittel and Klaus-Otto Junginger-Dittel 11. State Aid in the Energy Sector Leigh Hancher and Francesco Salerno 12. The Relationship between State Aid and the Single Market Andrea Biondi and Martin Farley 13. Altmark Assessed Erika Szyszczak 14. European Economic Rights and National State Aids Policy in Conflict: The Problem of the Democratic Securing of Welfare Michelle Everson 15. Procedural Aspects of EU State Aid Law and Practice Michael Schütte 16. Judicial Review of Commission Decisions in State Aid Herwig C.H. Hofmann and Alessandro Morini 17. State Aid and the Role of National Courts Paolisa Nebbia 18. State Aid (Subsidies) in International Trade Law Rike Krämer and Markus Krajewski Index

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Book SynopsisIn recent years, an impressive proliferation of competition laws has been seen around the world. While this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of most topical issues by asking whether the competition world is turning more towards convergence or diversity. These issues include, among others, the changing role of economics in times of economic crises and political change, the introduction of criminal sanctions, resale-price maintenance, unilateral conduct and the application of competition law to intellectual property and state-owned enterprises.More Common Ground for International Competition Law will appeal to academics, PhD students, and postgraduate students law and economics, members of competition agencies, legal practice and international business.Contributors: S. Anderman, N.W Averitt, C. Beaton-Wells, J. Bejcek, J. Drexl, T. Eilmansberger, A.A. Foer, A. Fuchs, M.S. Gal, G. Ghidini, D. Healey, C.A. Jones, R.H. Lande, M. Lao, P.L Nihoul, R.J.R. Peritz, M.E. StuckeTrade Review'This fresh collection of essays by scholars from around the world lives up to its title: it stakes out more common ground for the competition law systems of nations. The chapters result from the fourth annual conference of the Academic Society for Competition Law (ASCOLA). The essays cover major issues that reverberate around the world today, including: How should we think about the economic foundations of competition law in view of new research on behavioral economics and consumer choice? What is the future of the treatment of resale price maintenance? What is the proper fit of intellectual property with competition law? And how do we promote competition law and policy across borders? The collection offers insight from law, economics, political science, business strategy, and history.' --Eleanor Fox, New York University, US'This volume contains many excellent chapters on some of the most cutting edge topics in competition law today. Among the contributions are assessments of new approaches to competition law analysis, analyses of central and controversial topics in the relationship between competition law and intellectual property, and explorations of new transnational developments in China and elsewhere. The chapters range from studies of specific cases to broad interpretations of major trends. I found many of them to be highly insightful and very useful.' --David J. Gerber, Chicago-Kent, College of Law, US'It is of great value to academics, and also to lawyers and economists.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface PART I: ECONOMIC FOUNDATIONS OF COMPETITION LAW 1. Are People Self-interested? The Implications of Behavioral Economics on Competition Policy Maurice E. Stucke 2. Consumer Choice as the Best Way to Recenter the Mission of Competition Law Robert H. Lande 3. Protecting Consumer Choice: Competition and Consumer Protection Law Together Neil W. Averitt 4. Is Competition Law Part of Consumer Law? Paul L. Nihoul PART II: INDIVIDUAL JURISDICTIONS AND INTERNATIONAL PERSPECTIVES 5. Resale Price Maintenance: A Reassessment of its Competitive Harms and Benefits Marina Lao 6. The Leegin Case: A US Antitrust Chief Event versus a Storm in a European Teacup? Josef Bejček 7. Competition Law Issues Concerning Related Markets and their Treatment under EU Competition Law Thomas Eilmansberger 8. A Comparative Look at the Competition Law Control of State-owned Enterprises and Government in China Deborah Healey 9. Australia’s Criminalization of Cartels: Will it be Contagious? Caron Beaton-Wells PART III: INTELLECTUAL PROPERTY AND COMPETITION LAW 10. Patent Ambush Strategies and Article 102 TFEU Andreas Fuchs 11. Three Statutory Regimes at Impasse: Reverse Payments in Pay-for-Delay Settlement Agreements between Brand-name and Generic Drug Companies Rudolph J.R. Peritz 12. Patent Ambush and Reverse Payments: Comments Gustavo Ghidini 13. Intellectual Property in Competition: How to Promote Dynamic Competition as a Goal Josef Drexl 14. Industrial Standards and Technology Pools: A Regulatory Challenge for EU Competition Law Steven Anderman PART IV: PROMOTING COMPETITION POLICY NATIONALLY AND ACROSS BORDERS 15. International Antitrust Solutions: Discrete Steps or Causally Linked? Michal S. Gal 16. Penumbras of European Union Competition Law: External Governance, Extraterritoriality, and the Shifting Borderlands of the Internal Market Clifford A. Jones 17. The Role of Non-governmental Organizations in the Development of Competition Law Albert A. Foer 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 SynopsisBased on general concepts of collective action, Private Enforcement of Antitrust analyzes how collective litigation mechanisms can be designed to encourage victims of anti-competitive conduct to access justice.Through the expert assessment of the US Federal Courts' case on competition law, alongside that of domestic Europe, Arianna Andreangeli provides a fresh response to the issues surrounding collective litigation. The discussion is skillfully placed in the wider context of competition enforcement, whilst at the same time exploring both past and present trends. The book concludes that collective litigation of competition claims must strike a 'fair balance' between respecting rules of due process and ensuring fuller access to justice.An enlightening perspective, this book will be an invaluable resource for academics and competition civil justice experts. It will also be of interest to practitioners active in competition cases and policy makers concerned with human rights issues.Contents: 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: 'aggregating' individual antitrust claimants in diffuse injury cases-the certification criteria of commonality , predominance and superiority and the obligation to serve notice 3. 'Managing' antitrust class actions under Rule 23(b)(3) FRCP: who 'plays the pipe'? And who pays the piper? 4. The EU Commission agenda on collective redress: from a 'sector specific' to a mainstream discussion of group justice questions 5. Collective litigation in competition cases in the United Kingdom: between personal autonomy in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions-the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? IndexTrade Review‘This book is a timely and thought-provoking comparative analysis of collective redress in different legal regimes. It will be of interest to both academics and practitioners who seek an understanding of current class action issues. It benefits from the author's expert knowledge of US and EU law as well as Dutch and Italian law. The diversity of jurisdictions and the author's findings, especially with regard to US class actions, challenge common assumptions and provide material for further discussion.’ -- Dr Sebastian Peyer, Global Competition Litigation ReviewTable of ContentsContents 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: “aggregating” individual antitrust claimants in “diffuse injury” cases—the certification criteria of “commonality”, predominance and superiority and the obligation to serve notice 3. “Managing” antitrust class actions under Rule 23(b)(3) FRCP: who “plays the pipe”? And who pays the piper? 4. The EU Commission agenda on collective redress: from a “sector specific” to a mainstream discussion of “group justice” questions 5. Collective litigation in competition cases in the United Kingdom: between ‘personal autonomy’ in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions—the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? Index

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Book SynopsisAdam Smith warned of the prevalence of corporate conspiracies more than two hundred years ago. Since then, interest in cartels has sometimes intensified (during the Great Depression, for example) and sometimes diminished, but the need for control has always remained on the antitrust agenda. This well-documented book reviews the economic case against corporate collusion, as well as the arguments made for a more permissive attitude. A survey of recent empirical research reveals not only the prevalence of a wide range of international cartels but also the size of the inefficiencies and costs that they impose on customers and consumers. The antitrust reaction has therefore intensified with greatly increased fines being imposed by the US, the EU and other authorities. At the same time, they have developed sophisticated leniency polices with the aim of destabilizing the illegal conspiracies. After reviewing these measures, the author concludes with the hope that this toughened approach is not modified or reversed during periods of recession. This insightful book will appeal to undergraduates in economics, business and law studying antitrust and law and economics.Trade Review'Mike Utton's timely new book provides an excellent overview of issues arising from cartels and collusion between firms and shows how this remains an important policy concern in the world today. The book covers areas such as the economics of collusion, the case for collaboration and the persistence of cartels over time. It then moves on to policy development and discusses current policy both in the US and EU. Individual cases are reviewed and the important development of leniency policy is discussed as a key feature in policy today. Overall this is a very useful addition to the literature and will be particularly of use to both students and other researchers working in this field.' --Roger Clarke, Cardiff University, UKTable of ContentsContents: Preface 1. The Economics of Collusion 2. The Case for Collaboration 3. The Persistence of Cartels 4. The Effects of Cartels: Markups and Welfare Losses 5. The Evolution of Cartel Policy 6. Penalties for Antitrust Offences 7. Carrots Rather than Sticks: Leniency Programmes in the US and the EU 8. Conclusion References Index

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Book SynopsisThis book is Volume I of a two-volume set on antitrust policy, analyzing the economic efficiency and moral desirability of various tests for antitrust legality, including those promulgated by US and EU antitrust law. The overall study consists of three parts. Part I (Chapters 1-8) introduces readers to the economic, moral, and legal concepts that play important roles in antitrust-policy analysis. Part II (Chapters 9-16) analyzes the impacts of eight types of conduct covered by antitrust policy and various possible government responses to such conduct in terms of economic efficiency, the securing of liberal moral rights, and the instantiation of various utilitarian, non-utilitarian-egalitarian, and mixed conceptions of the moral good. Part III (Chapters 17-18) provides detailed information on US antitrust law and EU competition law, and compares the extent to which—when correctly interpreted and applied—these two bodies of law could ensure economic efficiency, protect liberal moral rights, and instantiate various morally defensible conceptions of the moral good. This first volume contains Part I and the first two chapters of Part II of the overall study—the two chapters that focus on oligopolistic and predatory conduct of all kinds, respectively. The book will appeal to undergraduate and graduate students of economics and law who are interested in welfare economics, antitrust legality and the General Theory of the Second Best.Table of ContentsPart I: Basic Concepts and Analytic Protocols.- Part II: The Morally-Relevant Effects of Specific Categories of Antitrust-Policy-Coverable Conduct and the Ability of Government to Secure Better Options.

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Book SynopsisAlgorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called “algorithmic antitrust” theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation. Table of ContentsPrologue: Algorithmic Antitrust – A Primer.- Algorithmic Antitrust – A Critical Overview.- Algorithmic Antitrust and Consumer Choice.- Algorithms, Big Data, and Merger Control.- Reasons to be Cheerful – The Benevolent Market Power of Decentralised Blockchains.- Blockchain Antitrust.- The Technology Innovation Time Gap in European Competition Law: Assessing the European Commission’s Approach.- Epilogue: Algorithmic Antitrust – A Questioning.

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Book SynopsisThis book is Volume II of a two-volume set on antitrust policy, analyzing the economic efficiency and moral desirability of various kinds of antitrust-policy-coverable conduct and various possible government responses to such conduct, including US and EU antitrust law. The overall study consists of three parts. Part I (Chapters 1-8) introduces readers to the economic, moral, and legal concepts that play important roles in antitrust-policy analysis. Part II (Chapters 9-16) analyzes the impacts of eight types of conduct covered by antitrust policy and various possible government responses to such conduct in terms of their economic efficiency, their impact on liberal moral rights, and their instantiation of various utilitarian and other egalitarian conceptions of the moral good. Part III (Chapters 17-18) provides detailed information on US antitrust law and EU competition law and compares the extent to which—when correctly interpreted and applied—these two bodies of law could increase economic efficiency, protect liberal moral rights, and instantiate various morally defensible conceptions of the moral good. This second volume contains the last 6 chapters of Part II, which focus respectively on horizontal (M&A)s, conglomerate (M&A)s, surrogates for vertical integration, vertical (M&A)s, joint ventures, and internal growth and Part III, which focuses on US antitrust law and EU competition law. The book will appeal to undergraduate and graduate students of economics and law who are interested in welfare economics, antitrust policy, and The General Theory of Second Best.Table of ContentsPart II (Cont'd): The Morally-Relevant Effects of Specific Categories of Antitrust-Policy-Coverable Conduct and the Ability of Government to Secure Better Outcomes.- Part III: The Economic Efficiency, Liberal Justness, and Non-Liberal-Egalitarian Moral Desirability of U.S. Antitrust Law and E.U. Competition Law, Correctly Interpreted and Applied as a Matter of Law.

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Book SynopsisBand 3 behandelt das hochaktuelle Beihilfe- und Vergaberecht. Er stellt die Grundstruktur des Beihilfenverbotes und die einzelnen Beihilfeformen dar. Schwerpunkt dabei: Inwieweit kann die Erbringung von Leistungen der Daseinsvorsorge im Gefolge der Altmark Trans-Rechtsprechung staatlich unterstützt werden. Bei den Ausnahmen vom Beihilfenverbot sind Änderungen der europäischen Verordnungen und der Leitlinien der Kommission berücksichtigt. Mit neuen Richtlinien (RL 2004/18/EG (VKR); RL 2004/17/EG (SKR)) und der in der jüngsten EuGH-Rechtsprechung (Halle, Mödling, Carbotermo, Bari) problematisierten Abgrenzung ausschreibungsfreier In-House-Geschäfte.Trade Review“… strukturierten, systematischen und äußerst sachkundigen bzw. verlässlichen Gesamtdarstellung des Europäischen Beihilfenrechts … jedem empfohlenwerden, der sich in der Praxis und/oder in Forschung, Lehre oder Ausbildung mit dem Europarecht im Allgemeinen und mit dem Europäischen Beihilfenrecht im Speziellen auseinandersetzt.” (Univ.-Prof. Dr. Carsten Nowak, in: DVBl Das Deutsche Verwaltungsblatt, Jg. 137, Heft 4, 2022)Table of Contents1 System des Beihilferechts und seine Bedeutung.- 2 Begünstigung als Grundelement des Beihilfebegriffs.- 3 Selektive staatliche Begünstigung.- 4 Wettbewerbsverfälschung und Handelsbeeinträchtigung.- 5 Ausnahmen.- 6 Beihilfeverfahren.- 7 Rücknahme von Beihilfen.- 8 Rechtsschutz in Beihilfesachen.

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Book SynopsisArticle 102 TFEU prohibits the abuse of a dominant position, as it is incompatible with the internal market. The application of Article 102 by the EU Commission and the European Courts has often been controversial, raising complex questions as to how dominance should be defined, and what conduct should be deemed abusive. This book carries out a comprehensive review of the legal principles that underpin the application of Article 102. Adopting an interdisciplinary approach, this books covers all the main issues relating to Article 102, including the individual forms of abuse and its essential constituent elements of Article 102 market definition, dominance, and the concept of abuse. It provides a careful selection of case law, the legal and economic literature, combined with incisive analysis and commentary. The authors represent leading authorities in this area, with ample experience both from the public and private sector. In depth working guide to the practical application of Article 102. Written by leading authorities with wide experience both within the EC and private practice.

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Book SynopsisWith the adoption of Regulation 1/2003 at the end of 2002, Regulation 773/2004, and Regulation 794/2004 in April 2004, the procedures organizing the enforcement of EU competition law, at both the national and European level, have undergone a major transformation. In particular, these reforms have made Articles 101 and 102 TFEU directly applicable in full, changed the manner in which undertakings might get legal security regarding their agreements, and provided for a much greater role in community competition law enforcement for national competition authorities. This second edition of Procedure gives a complete working guide to these new procedures as well as a detailed examination of court case law in this complex and important area of law. Complete working guide to the new procedures. Detailed examination of court case law. Practical revised volume in a very complex and important area of law.

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Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Recent developments both in Turkey and its immediate neighbourhood have brought into sharp focus Turkey’s pivotal role in a region that has become increasingly challenging to the EU. These developments, for example, have prompted Ankara to declare more of an independent course of action both domestically and regionally and hasten into a détente with Russia. As a result, considerations of Turkey’s European future have been eclipsed by concerns about Ankara’s preference to aspire to being an independent regional power. Along with those about Turkey’s orientation, time-honored existential questions are being raised again: Is Turkey a border, a buffer, or a bridge between the EU and the Middle East? This book moves beyond the ‘identity’ debate between Turkey and the EU, and offers a guide at this critical time for drawing lessons from a rigorous examination of divergence and convergence between the EU and Turkey in three significant policy areas. The result of a focused research project conducted by a team of international policy experts from the Central European University (Budapest) and Sabanci University (Istanbul), the studies included in this volume suggest alternative scenarios regarding how Turkey and the EU might jointly develop effective energy, transport, and competition policies, regardless of Turkey’s EU candidacy status. These studies show how geo-strategic realities ultimately require Turkey to cooperate with the EU on a number of policy issues, despite Ankara’s rhetoric to the contrary. Turkey’s role as an energy supplier to the EU has never been dropped from Ankara’s policy agenda. More recently, the Turkish government has been announcing how its investments in the third bridge across the Bosporus would help to release untapped potential of land-based trade between Europe and Asia. Regardless of the current divergence of political visions, Turkey’s policy aims, at least in the three policy areas examined, foresee coordination, if not cooperation, with the EU.

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Book SynopsisSince the publication of the Fourth Edition in 2016 the EU's internal gas and electricity legislative framework has continued to develop quickly: * A wholes series of new Grid Codes have been adopted, including those on Capacity Allocation and ,Congestion Management, on forward capacity allocation, on electricity balancing (EB), emergency and restoration, and on electricity transmission system operation. * The Gas Directive has been amended, to bring pipelines connecting into the European system under the Internal Market rules on unbundling, regulated tariffs and third party access. The 'Electricity Market Design' package has been adopted, implementing new rules on balancing, capacity mechanisms, demand response, storage, the rights of consumers to participate in the electricity market and the powers and responsibilities of ACER. * New exemption decisions for new infrastructure; These changes mark a major evolution in the EU's Internal Market, as it pioneers the way towards a zero-carbon electricity system. The new volume continues to provide the standard industry reference work in this area, written by some of the key Commission Officials responsible for these developments, together with leading industry practitioners and academics. Highlights Leading title on the subject Written by key commission officials and practitioners Describes all new Commission initiatives on IEM A ‘must have’ for all working with and in the IEM field

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