Japanese antitrust law stems from the virtually verbatim adoption of United States antitrust law during the occupation years following World War II. However, distinctive Japanese elements have emerged with major amendments to the original Japanese Antimonopoly Act (JAA) in 1953, 1977, and 2005, with the result that Japanese antitrust law stands today as a uniquely important body of legislation and case law playing a significant role in international trade.This in-depth commentary by an internationally known practitioner and authority in the field fully details both the substance and procedure of the JAA, with close analyses of all the important cases that have been decided over the years. Among the crucial factors covered are the following: details of the 1953, 1977, and 2005 amendments with their rationales; the special JAA conception of "unfair trade practice"; judicial interpretations of key terms in the law; interpretation of rules governing resale pricing and sales method restriction; merger regulations and guidelines; role of the Japanese Fair Trade Commission (JFTC); administrative procedure; judicial review; awards; and extraterritorial application of the JAA.Especially valuable is a detailed sample compliance manual anticipating applicable contingencies likely to be encountered by any firm doing business in Japan. An appendix provides English texts of the JAA as amended, as well as important regulatory documents.Akira Inoue's "Japanese Antitrust Law Manual" will prove indispensable to business persons and their counsel, and of great value to students and teachers of antitrust and competition law. It is a source to be consulted again and again, both for precise answers to specific questions and for keen insight into the workings of this complex body of law.

During the past decade, the use of private enforcement within competition law has gradually increased throughout Europe but major differences still exist among Member States. By harmonizing a number of procedural rules, the implementation of the Damages Directive has established a level playing field among EU Member States. This book represents the first assessment of the implementation of the Damages Directive at the national level. The contributors explore the topic from a cross-cutting perspective as well as via a set of country case studies. Each chapter focuses on a number of procedural aspects harmonized by the Directive, and analyses the impact of the Directive by taking into consideration the national jurisprudence and the existing legal framework at the national level. By using a comparative lens, this timely book thus provides an up-to-date account of the emerging trends in private enforcement of competition law in Europe. Perceptive and engaging, this book will appeal to students and researchers in EU competition law and policy. Practitioners and national competition authorities will also find it informative and beneficial. Contributors include: M. Botta, P. Burke, J. M. Gonzalez, C. Kruger, J. Maillo, P.L. Parcu, S. Peyer, A.R. Pisarkiewicz, M.A. Rossi, T. Schreiber, S. Solidoro, S.V. Walle

The Institute of Competition Law had the privilege to collect contributions of the "Global Competition Law Conference," organized by Professors David Gerber and Sungjoon Cho, held on October 28, 2011 at Chicago-Kent College of Law. The Conference's goals to expand the discussion on the future of competition law on the global level fully embody the Institute's mission. This collating volume includes ten contributions signed by prominent antitrust practitioners and academics. Readers will be offered the opportunity to explore the various views on the current and future developments of competition law on the global level as enlightened by David J. Gerber, Eleanor M. Fox, William E. Kovacic, David A. Hyman, Xiaoye Wang, Laurence Idot, Spencer Weber Waller, Andre Fiebig, Javier Cortazar-Mora, Wentong Zeng, and Mor Bakhoum."

Since the EC Block Exemption Regulation (BER) went into force in June 2000, companies are required to undertake a self-assessment of the possible consequences of their vertical agreements that is, of agreements that arise in a channel of distribution between firms at different levels of trade or industry, i.e., between a manufacturer and wholesaler, between a supplier and customer, or between a licensor of technology and his licensee. Such an assessment can be extremely complex. Although the European Commission has issued regulatory guidelines to facilitate the self-assessment process, there can be little doubt that the in-depth analysis and guidance provided in this book will be greatly welcomed by business people and their counsel. "Economic Analyses of Vertical Agreements" clarifies the steps, tests, determinations, and evaluations entailed in assessing vertical agreements, especially when an individual examination under Article 81 EC Treaty is required (as it is for all companies with more than a 30 per cent market share in a relevant market). Among the terms and factors thoroughly explained, from the various pertinent points of view, are the following: vertical restraints and their components; exclusive and selective distribution agreements; channel strategies; single branding; free rider rationale; and, the European structured rule of reason in Article 81 EC Treaty. The presentation is particularly notable for its wide-ranging discussion of types of vertical restraints and combinations of vertical restraints and how each is impacted by the new vertical agreement rules. The author also discusses the relevant case law of the EC Courts. Companies doing business in Europe and their legal and economic advisers will find here an absorbingly detailed overview of requirements and procedures, a clear analysis against which to measure strategic choices, and an enormously useful handbook to consult at every turn for expert guidance through the assessment of their vertical agreements.

This is the first in a new series of books on the economics of the airline industry. The series is a collection of original, cutting-edge research papers from an international panel of distinguished contributors. Volume 1 will focus on topics related to competition policy and antitrust, such as the economic impact of airline alliances (both international and domestic), predation, and incumbent responses to low cost entry. Part of a "New Series," this volume focuses on competition policy and antitrust. Its contributors are international experts in the field.

After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encouraged, and the question whether the decisional power in antitrust matters should be transferred to the courts. Special attention is given to the problem of the compatibility of the new enforcement system and of the practice of European antitrust enforcement with the requirements of the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, including the principle of ne bis in idem, the privilege against self-incrimination, and the right to an independent and impartial tribunal. On many of these issues, the discussion contained in this book is not only legal, but also includes an economic analysis from the perspective of efficient law enforcement.

EU and UK Competition Law is the perfect companion to your study of competition law. Written by a leading expert in the field, this new edition has been fully updated with all the latest developments in this rapidly moving subject area. It also includes expanded coverage of cartels within a dedicated chapter. Full coverage of the UK cartel offence, and merger control in both the EU and UK ensures this text maps fully to the syllabus of competition law modules.

This is the first book to examine the significance of European Union antitrust law for the future of sport in Europe. Drawing on multi-disciplinary perspectives from law, economics, sport management and politics, and including case studies about the European Super League (ESL) and the International Skating Union, the book explores key themes in contemporary sport, including governance, ownership and control; the European sport model; the regulatory autonomy of sports organisations; and the relationship between public policy, the law and sport. This is important reading for any advanced student, researcher, policy-maker or practitioner with an interest in sport management, sport law, European law or European politics.

This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda's sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.

Customary law has been the subject of intense debate and the issues arising from the intersection of customs and the law are far from settled. This volume, separated into three parts brings together seminal work from scholars in law, economics and history. The first section analyses various perspectives on the history of customary law. Part two focuses on the commercial customary law and includes a number of case studies covering the role and limits of customary systems in a variety of commercial settings. The final section explores the role of custom in international law from a variety of legal and economic perspectives. Along with an original introduction by Professors Bernstein and Parisi, this valuable collection will be of interest to scholars, practitioners and academics with an interest in this diverse and interdisciplinary field.

This book provides the first comprehensive analysis of the immediate and likely longer-term consequences of Brexit for the UK's competition law regime and includes the competition and subsidy control provisions of the EU-UK Trade and Cooperation Agreement. It has been written to be of value to scholars and practitioners of competition law, whilst also providing a useful guide to readers with only limited understanding of competition rules. The book provides a detailed critical discussion of how Brexit impacts on five key aspects of competition policy in the UK: legislation, institutions and cooperation; antitrust rules that prohibit anti-competitive agreements and the abuse of a dominant position; private enforcement, in particular actions for damages; regulation of mergers and acquisitions; and State aid or subsidy control rules.

Major 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.

Although cross-border industrial sub-contracting is the main tool of industrial organisation in the global economy, practitioners in this important field are significantly hampered by a lack of uniform rules. This book offers a first step in discerning and formulating a framework for such rules, based on the experience of counsel for both contractors and sub-contractors in over twenty countries worldwide. It consists of the final papers, subsequently revised by the presenters, delivered at a conference held in Florence, in February 2000, under the auspices of the Union Internationale des Avocats (UIA) and the Association Internationale des Jeunes Avocats (AIJA). Other essays present the basic legal issues from a comparative perspective and clarify the fundamental distinctions in the points of view of the contractor and the sub-contractor. Individual contributions from practitioners in twenty countries (encompassing EU countries, the United States, Central and Eastern Europe, and the Asia-Pacific region) detail applicable domestic laws so that the user can determine points of difference, common aspects, and potential pitfalls in most of the world's major industrial sub-contracting jurisdictions. "Handbook on Cross-Border Industrial Sub-Contracting will be of great value of lawyers and business people everywhere engaged in this all-important area of today's legal practice.

Although it is commonly assumed that consumers benefit from the application of competition law, this is not necessarily always the case. Economic efficiency is paramount; thus, competition law in Europe and antitrust law in the United States are designed primarily to protect business competitors (and in Europe to promote market integration), and it is only incidentally that such law may also serve to protect consumers. That is the essential starting point of this penetrating critique. The author explores the extent to which US antitrust law and EC competition law adequately safeguard consumer interests. Specifically, he shows how the two jurisdictions have gone about evaluating collusive practices, abusive conduct by dominant firms and merger activity, and how the policies thus formed have impacted upon the promotion of consumer interests. He argues that unless consumer interests are directly and specifically addressed in the assessment process, maximization of consumer welfare is not sufficiently achieved. Using rigorous analysis he develops legal arguments that can accomplish such goals as the following: - replace the economic theory of 'consumer welfare' with a principle of consumer well-being; - build consumer benefits into specific areas of competition policy; - assess competition cases so that income distribution effects are more beneficial to consumers; and - control mergers in such a way that efficiencies are passed directly to consumers. The author argues that, in the last analysis, the promotion of consumer well-being should be the sole or at least the primary goal of any antitrust regime. Lawyers and scholars interested in the application and development and reform of competition law and policy will welcome this book. They will find not only a fresh approach to interpretation and practice in their field - comparing and contrasting two major systems of competition law - but also an extremely lucid analysis of the various economic arguments used to highlight the consumer welfare enhancing or welfare reducing effects of business practices.

'The contributions in this collection comprehensively review key issues concerning the respective roles of national and EU courts in enforcing competition and state aid law, and the relationship between court and arbitration proceedings in those fields. This groundbreaking work provides a stimulating and up-to-date analysis of the EU's decentralized enforcement system and I strongly recommend it to both scholars and practitioners. It will assist them in promoting the proper application of competition law in that institutionally complex and multi-level environment.' - Judge Jose Luis da Cruz Vilaca, The Court of Justice of the European Union, Luxembourg With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence. Featuring a range of scholarly contributions, the essays address topics including the 2014 EU 'Damages Directive', now in force and being implemented; the EU's tepid reception of the 'collective redress' concept; a range of issues concerning state aid law; the arbitrability of competition law issues, as well as many other matters related to arbitration in this context such as judicial review of arbitral awards from a competition law perspective, and the interplay between arbitral proceedings and competition agency investigations. With its wide coverage, this book serves as a valuable resource for any reader working on EU competition law, whether for the purpose of teaching or studying the law, or of practicing in this field as a lawyer, public official, judge or arbitrator. Contributors: A. Adinolfi, L. Bergamini, G. Biagioni, G. Blanke, R. Cisotta, D. Gallo, E. Gambaro, A. Geulette, S. Keske, M. Marquis, F. Munari, R. Nazzini, L.F. Pace, K. Peci, S. Peyer, M. Siragusa

What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? This book argues that the populist roots of antitrust are still with us, guiding sentiment towards a legal regime that has otherwise shifted towards economic analysis. Antitrust is very much about fairness and morality, and the book assesses how modern policy has hijacked popular support - based on traditional conceptions of political and economic power - to combat market power in narrowly defined micro-markets. Beginning with history, but delving into moral and political philosophy, the book shows how arguments concerning fairness in antitrust - applied both to monopolists and their victims - require a balancing test, based on context and respecting the rights of both. While, traditionally, fairness arguments were used to justify intervention where economic analysis did not, the book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. Fairness in Antitrust offers a philosophical account of the conundrum facing competition policy, which challenges widely-held - yet often implicit and unfounded - beliefs. (Series: Hart Studies in Competition Law)

Since 1985, the Member States of the European Union have enacted new national competition laws, or amended their existing competition laws, so that these laws are now all more or less converging upon the EC competition rules as laid down in Articles 81 and 82 of the EC Treaty and in the Concentration Control Regulation 4064/89/EC (as amended by Regulation 1310/97/EC). This is a comprehensive textbook of the Competition Laws of the Member States of the European Union and of Switzerland. It is believed to be the first of its kind to include in one text all aspects of competition law of all countries concerned, i.e. the substantive rules on restrictions of competition and abuse of dominance as well as the rules on concentration control. In respect of both issues, the rules of procedure and enforcement are also set out. In addition, the reader will find a short synopsis per country of the powers of special sectorial regulators (if any) in fields such as telecommunication, energy, broadcasting and public transport. Finally, the substantive and procedural rules of Switzerland have been included in this work, that country being an important trading partner for almost all Member States and being geographically encircled by the EU. Written by competition law specialists from each Member State and from Switzerland, the work has been set up to be as practical and informative as possible. Not only has the existing legal framework been described - with footnotes referencing landmark decisions; annexes providing practical information and "charts" on the decision making process in each country - but, also, where appropriate, it has been explained how the legal system works in practice. As such, this work should be interesting to all private practitioners, in-house lawyers, bankers, accountants, tax advisers and to all others who come across competition law in their daily course of business.

This 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.

This 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.

As of October 2008, liner shipping companies lose their privileged status under EU competition law due to withdrawal of the liner conference block exemption, which generously authorized horizontal price-fixing and similar agreements between liner shipping companies. Where the liner consortia block exemption does not apply, all cooperative activity should be carefully and individually assessed under the competition provisions of the EC Treaty. Alla Pozdnakova has taken this opportunity to research and write an in-depth study of competition law problems in the liner shipping context. Her analysis is not only the first to examine the new European regime, and thus the most up-to-date study of the subject; it is in fact the first major independent study of how Articles 81 and 82 EC are construed and applied to the market conduct of liner shipping companies. In particular, the author addresses the following legal questions:A* Does cooperation between liner shipping companies infringe Article 81(1) even if it does not entail hard-core restrictions of competition?A * Can a cooperative arrangement between liner shipping companies claim that the efficiencies they produce outweigh the negative impact on competition (Article 81(3))?A* When do certain market strategies of liner carriers become an abuse of a collective or individual dominant position (Article 82)?A* Does parallel pricing behaviour infringe EC Treaty competition rules?Systematically, the author considers various market strategies of liner shipping companies and tests them as to their compatibility with EC Treaty competition provisions. In doing so, she thoroughly analyses European Commission decisions and judgments of the European courts, applying them authoritatively to the liner shipping sector. In this way, her book provides a well-structured account that clearly identifies the legal issues that liner shipping companies are likely to face once the special treatment traditionally allowed them is withdrawn. A summary of current and prospective developments in EU competition regulation and policy in liner shipping rounds up the analysis.Liner Shipping and EU Competition Law will be a unique and powerful resource for practitioners and policymakers as liner shipping companies restructure their agreements and market strategies to accommodate loss of the block exemption. It is also sure to become a definitive analysis of the legal identity of the liner shipping market sector under European competition law.

In the last few years, the public enforcement of Articles 81 and 82 EC has been thoroughly transformed: the competition authorities of the EU Member States have become active enforcers within the European Competition Network, the European Commission has imposed more and higher fines than ever before, leniency has become a major instrument of cartel detection, and some Member States have introduced criminal penalties. The overall trend towards more and stronger enforcement of Articles 81 and 82 EC has also rekindled discussion on the old question of how to strike the right balance between efficient enforcement and adequate protection of the rights of the defence. This book brings together six essays which analyse from both a legal and an economic perspective the powers of investigation of the European Commission and the competition authorities of the Member States, and the corresponding procedural rights and guarantees, the use of settlements, the theory and practice of fines and of leniency, and the criminalization of European antitrust enforcement.

'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. Kramer, A. Lykotrafiti, C. Micheau, A. Morini, P. Nebbia, G. Niels, D. Piccinin, S. Pilsbury, F. Salerno, M. Schutte, E. Szyszczak

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.