Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.

Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation. The book focuses on discrepancies within the regulatory and antitrust framework, comprehensively reveals the major legal limitations and conflicts, and presents possible solutions thereto. It discusses possible strategies for multilateralisation and defragmentation of air law, and for international harmonisation of airline economic regulation with fair competition standards. This discussion extends to competition between air transport law and other legal regimes as well as to specific regulatory problems related to air transport. The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent the world's key air transport markets and air law academic centres. By providing unbiased solutions that could serve as a base for future international arrangements, this book will be invaluable for aviation professionals, as well as students and scholars with an interest in air law, economic regulation, antitrust studies, international relations, transportation policy and airline management.

In addition to being the principal medium for communication, education and entertainment the new economy is now a leading provider of goods and services through electronic channels. The new economy rides on the crest of new technological developments in computers, telecommunications and satellites creating new interactive mediums and from the deregulation and privatization of state owned enterprises in the telecommunications and broadcasting sectors. Whilst the economic viability of the dotcoms is questioned, the existence of a new economy with novel methods of production, distribution and exchange is here to stay. Evidence of this is the fact that there are 300 million active computers in the world, with 350 million people who use the world wide web (expected to grow to one billion in four years), and the speed of microprocessors continuously increases, facilitating the use of IT. The question which is pursued in the series of essays in this book is whether the conceptual underpinnings of competition law and international regulatory mechanisms are adequate or appropriate to deal with the developments raised by the new economy.

Regulation, 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.

The gap between the rich and poor is widening across the globe. This book explores whether this major societal challenge of our time can be addressed by the means of competition law. The primary goal of today's competition law is to ensure that market power does not lead to an inefficient production of goods and services. Nevertheless, even such efficiency-oriented curbing of market power may arguably contribute to the reduction of differences in how much people own and earn. Furthermore, many competition law regimes do take into account distributive considerations too. The chapters investigate the relationship between competition law and economic (in)equality from philosophical, historical, and economic perspectives. Their inquiries concern the conceptual foundations of competition law and doctrinal frameworks of individual jurisdictions, as well as specific problems and markets. As such, the book provides a novel and comprehensive overview of whether and how competition law can contribute to more equality in both developed and developing countries. The book is a must-read for researchers, public officials, judges, and practitioners within the competition law community. It will also appeal to anyone more broadly interested in issues of inequality and economic policy.

Antitrust laws and proceedings in Europe, both at the Community and national levels, shape the European and international business landscape profoundly. It is therefore essential that business leaders and legal practitioners remain informed of the most important antitrust law developments and their effect on the business world. Antitrust Developments in Europe, 2002 provides a comprehensive and practical commentary on the past year's major developments in EC and national antitrust law. Topics covered include: + Vertical Restraints; + Horizontal Agreements; + Abuse of Market Power; + Mergers & Acquisitions; + Joint Ventures; + State Aid; and + Policy and Procedures. The insightful and concise analysis of major antitrust actions contained in this yearbook will be invaluable to antitrust legal practitioners, in-house counsel, businesspeople, and others with an interest in the field. Cleary, Gottlieb, Steen & Hamilton, with one of the most sophisticated and highly-respected European antitrust law practices, has systematically and meticulously monitored antitrust developments in Europe since the early 1970s. This volume represents the combined efforts and expertise of Cleary Gottlieb's antitrust practitioners in this rapidly-changing field.

Public procurement regulation is the body of law dealing with the way in which public bodies award contracts. Procurement by public bodies has implications for a number of areas of law, in particular trade and competition law, and administrative law. This book will provide an essential international and comparative perspective on the foundations of procurement for academics, practitioners and policy makers.

Originally published in 1987, John D. Leshy presents this scholarly study of the 1872 Mining Law as a legal treatise and history of mining in the West from the point of view of mineral exploration and production. This mining law governed the United States mining practice yet had never been changed. The Mining Law attempts to highlight the role of policy and government as well as the more obscure elements of the law which complicated mining practice in the eighties. This title will be of interest to students of Environmental Studies and policy makers.

Microsoft on Trial analyses the antitrust cases that have involved Microsoft in 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 topical 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 EC 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 twenty contributors from both sides of the Atlantic, including those that were directly involved in the EC case. Practitioners, advanced postgraduates and academics will find this unique book an essential resource.

This 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.

This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

To what extent should public services (for example public utilities such as telecommunications, energy, public transport and postal services) be subject to ordinary competition law? This question has assumed great importance in the context of the activities of European Union. On the one hand, it is argued (particularly in France) that competition law is a threat to the values of public services that underlie their distinctive objectives. On the other, the 'Anglo-Saxon' argument is that protecting public services from competition gives them an unfairly protected position and can mask their inefficiencies. This book examines the philosophical, political, economic, and social principles involved. Prosser contrasts the mainly economic and utilitarian justifications for the use of competition law with rights- and citizenship-based arguments for the special treatment of public services, and examines the varied conceptions of the differing traditions in the UK, France, and Italy. Prosser then considers the developing European law in this area. He examines decisions of the European Court of Justice, considers the development of the concept of 'services of general interest' by the Commission, and reviews the liberalization process in telecommunications, energy, and postal services. He also provides a detailed case-study of public service broadcasting. The book concludes by drawing general principles from the debates about the extent to which public services merit distinctive treatment and the extent to which competition law must be amended or limited to respect their distinctive roles.

This edited collection explores the legal foundations of the single market project in Europe, and examines the legal concepts and constructs which underpin its operation. While an apparently well-trodden area of EU law, such is the rapid evolution of the European Court's case law that confusion persists as to the meaning of core concepts. The approach adopted is a thematic one, with each theme being explored in the context of the different freedoms. The themes covered include discrimination, horizontality, mutual recognition, market access, pre-emption and harmonization, enforcement, mandatory requirements, flexibility, subsidiarity and proportionality. Separate chapters explore the link between competition law and the single market, the rapidly evolving case law on capital, and the external dimension of the single market. Contributors also address the WTO dimension, and its important implications for the single market project in Europe.

In recent years, innovation has been threatened by the United States legal system. Much of the blame can be attributed to the antitrust and intellectual property laws. Innovation for the 21st Century seeks to reverse this trend, offering ten revolutionary proposals, from pharmaceuticals to peer-to-peer software, to help foster innovation. Michael A. Carrier illustrates the benefits of improving the patent system and incorporating innovation into copyright and antitrust law. He also dips into a rich business literature to import ideas on "disruptive innovation" and "user innovation." And he replaces the 20th-century view that the IP and antitrust laws are in conflict with a new 21st-century framework that treats them as collaborators.
Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law provides a comprehensive framework for the patent, copyright, and antitrust laws to promote innovation.

Originally published in 1987, John D. Leshy presents this scholarly study of the 1872 Mining Law as a legal treatise and history of mining in the West from the point of view of mineral exploration and production. This mining law governed the United States mining practice yet had never been changed. The Mining Law attempts to highlight the role of policy and government as well as the more obscure elements of the law which complicated mining practice in the eighties. This title will be of interest to students of Environmental Studies and policy makers.

Competition Law in the CARICOM Single Market and Economy provides a comprehensive introduction to and overview of this emerging area of law, discussing both the current context and potential directions for future development. The book provides an account of major topics in the law, including the economics of competition law; enterprise; enforcement; regulation; and obligations of member states. It traces the progression of the law from the 2006 Revised Treaty of Chaguaramas, charting the main developments such as the establishment of CARICOM Competition Commission (CCC), and examining the emerging case law in this important and fast-growing area. Offering the first major exploration of Caribbean Competition law, this text will be an essential resource for lawyers, businesspersons, and students of the law in the Caribbean.

Competition Law in the CARICOM Single Market and Economy provides a comprehensive introduction to and overview of this emerging area of law, discussing both the current context and potential directions for future development. The book provides an account of major topics in the law, including the economics of competition law; enterprise; enforcement; regulation; and obligations of member states. It traces the progression of the law from the 2006 Revised Treaty of Chaguaramas, charting the main developments such as the establishment of CARICOM Competition Commission (CCC), and examining the emerging case law in this important and fast-growing area. Offering the first major exploration of Caribbean Competition law, this text will be an essential resource for lawyers, businesspersons, and students of the law in the Caribbean.

This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.

Many firms operate in complex legal environments where several States may regulate the same activity against a background of international law. International competition law has grown in importance as national economies have become more integrated, at the same time as national competition laws have proliferated and enforcement efforts have been strengthened. This system is beset with conflicts arising where States perceive that the way that another country does or does not apply its competition law adversely affects its interests. This book clarifies the nature and origin of these conflicts, and explores possible ways to reduce them.
Noonan analyses the legal and policy issues associated with the control of restrictive business practices and anticompetitive mergers in international markets. The book discusses international cartels, dumping, private market access barriers, and mergers between international firms subject to multi-agency review. Subjects covered include the harmonization and coordination of competition laws, cooperation between enforcement agencies, international judicial assistance, and the role of trade agreements and the World Trade Organization in international competition law. Noonan also examines the problems that States have in regulating conduct beyond their borders and the merits of a variety of potential responses.
He contends that there is an evolving international competition law system, albeit a somewhat chaotic one. States are only just beginning to see the system as a whole and are struggling to identify where their long-term interests lie. This book describes the elements of the system and their interactions, and explains how the system isevolving; suggesting what States, individually and collectively, could do to modify the system to their mutual advantage.

Breaking Away sounds a warning call alerting readers that their privacy and autonomy concerns are indeed warranted, and the remedies deserve far greater attention than they have received from our leading policymakers and experts to date. Through the various prisms of economic theory, market data, policy, and law, the book offers a clear and accessible insight into how a few powerful firms - Google, Apple, Facebook (Meta), and Amazon - have used the same anticompetitive playbook and manipulated the current legal regime for their gain at our collective expense. While much has been written about these four companies' power, far less has been said about addressing their risks. In looking at the proposals to date, however, policymakers and scholars have not fully addressed three fundamental issues: First, will more competition necessarily promote our privacy and well-being? Second, who owns the personal data, and is that even the right question? Third, what are the policy implications if personal data is non-rivalrous? Breaking Away not only articulates the limitations of the current enforcement and regulatory approach but offers concrete proposals to promote competition, without having to sacrifice our privacy. This book explores how these platforms accumulated their power, why the risks they pose are far greater than previously believed, and why the tools need to be far more robust than what is being proposed. Policymakers, scholars, and business owners, managers, and entrepreneurs seeking to compete and innovate in the digital platform economy will find the book an invaluable source of information.

This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of Criminal and Human Rights law as the two main areas of non-private law which are frequently applied across borders. Both fields are placed in context before being drawn together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments and explores the concept of enforcement. The author's analysis includes coverage of topics such as the criminalisation of sex-tourism, the extradition of white-collar criminals and the application of human rights law to Iraq following American and British intervention in the region. Law Across Borders goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be achieved. This book will be of particular interest to practitioners, academics and scholars of International Law, Human Rights Law and Criminal Law. It is unique in its ambition to offer a comprehensive description and analysis of the extra-territorial application of UK Human Rights Law and Criminal Law in a single text.

"A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges." Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.

Regulation, 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.

The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.

This 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.