For years, the pendulum between competition law and regulation used to be at full swing between ex ante and ex post intervention. The oscillation now is shorter and the two edges more intertwined. This highly topical edited volume includes contributions at the 8th ASCOLA conference from eminent experts in the field, practitioners and academics. The contributors and the editors have succeeded in producing a coherent, thought-provoking, cutting-edge analysis of an area of law that is continuously changing.' - Ioannis Kokkoris, Queen Mary University London, UKTo what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets. Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book. Contributors: E. Arezzo, A. Ayal, M. Botta, F. Caronna, F. Di Porto, M.S. Gal, T. Indig, K. Kowalik-Banczyk, B. Lundqvist, M. Maggiolino, N. Rangone, M. Siragusa, Y. Svetiev, A. Svetlicinii, T. Takigawa, R.H. Weber

This state-of-the-art volume highlights important recent research contributions covering all the significant themes surrounding competition policy and regulation, including financial regulation and multisided markets. Bringing scholars and policy makers to the frontiers of research and addressing the critical issues of the day, the book presents original important new theoretical and empirical results. The distinguished contributors include: P. Agrel, K. Alexander, J. Cremer, X. Dassiou, G. Deltas, F. Etro, L. Filistrucchi, P. Fotis, M. Gilli, J. Harrington Jr, T. Huertas, M. Ivaldi, B. Jullien, V. Marques, M. Peitz, Y. Spiegel, E. Tarrantino and G. Wood. Recent Advances in the Analysis of Competition Policy and Regulation will prove insightful for academic economists, consultants and policy makers interested in these fields. Contributors: P.J. Agrell, K. Alexander, G. Biglaiser, E. Calvano, C. Cambini, J. Cremer, X. Dassiou, G. Deltas, F. Etro, L. Filistrucchi, R. Fiocco, A. Fortunato, P.N. Fotis, A. Gautier, M. Gilli, D. Glycopantis, J.E. Harrington Jr., T.F. Huertas, M. Ivaldi, B. Jullien, Y. Katsoulacos, T.J. Klein, J. Koenen, V. Marques, T.O. Michielsen, S. Mitraille, C. Muller, M. Peitz, L. Rondi, A. Salvo, I. Soares, Y. Spiegel, E. Tarantino, H. Vasconcelos, G. Wood

This 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.

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.

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.

This 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. Zhang

The issue of competition law's role in relation to state-owned enterprises is at the center of many discussions of competition law today, especially in regard to China, but in numerous other countries as well. Often the issue is oversimplified as one of mere opposition between state-owned enterprises and the objectives of competition law. That opposition exists, but the issues are often far more complex, and they involve fundamental current developments in the relationship between government and the economy. This book is masterful in identifying the range of issues involved and in analyzing the experiences and tensions in this relationship. It has a broad range, and several of the contributions are exceptionally insightful. All are very useful.' - David Gerber, Illinois Institue of Technology, US'This book is an important and most welcome contribution to the study of state-initiated restraints on competition. It gathers together leading academics in order to recognize and suggest tools to ensure that such restraints do not restrict competition in a way which reduces welfare. Accordingly, the book provides important insights on how to identify such restraints in different settings, some of which are intentional and well recognized and some of which are not. It then suggests principled approaches to reduce such restraints, based, inter alia, on case studies from around the world, including Australia, India, the EU, the US and Brazil. It is highly recommended for anyone interested in the role states play in creating restraints on competition.' - Michal S. Gal, University of Haifa, Israel This new book addresses important current problems and challenges arising from a large variety of state-initiated restraints. Beyond state-owned enterprises, rules on government procurement and the control of state subsidies, the contributions also analyze forms of regulation that either distort competition or manage to introduce competition in the market. The contributions of leading competition law scholars cover state-initiated restraints of competition in many jurisdictions, including the US, the EU, Australia, and Asian and Latin American countries. Competition and trade law scholars will find this book both relevant and insightful. Regulators and competition agencies, representatives of international organizations and competition law practitioners will also find this to be an invaluable resource of information from which they can take new inspiration. Contributors: A. Barrionuevo, G. Bercovici, L. Bettencourt Nunes, S. Chakravarthy, T.K. Cheng, C. Curiel Leidenz, J. Drexl, P. Dutra, D. Healey, T. Jaeger, M.M. Leitao Marques, G. Oliveira, R.J.R. Peritz, S. Vezzoso, T. Zuniga Fernandez

This book brings together perspectives of development economics and law to tackle the relationship between competition law enforcement and economic development. It addresses the question of whether, and how, competition law enforcement helps to promote economic growth and development. This question is highly pertinent for developing countries largely because many developing countries have only adopted competition law in recent years: about thirty jurisdictions had in place a competition law in the early 1980s, and there are now more than 130 competition law regimes across the world, of which many are developing countries. The book proposes a customized approach to competition law enforcement for developing countries, set against the background of the academic and policy debate concerning convergence of competition law. The implicit premise of convergence is that there may exist one, or a few, correct approaches to competition law enforcement, which in most cases emanate from developed jurisdictions, that are applicable to all. This book rejects this assumption and argues that developing countries ought to tailor competition law enforcement to their own economic and political circumstances. In particular, it suggests how competition law enforcement can better incorporate development concerns without causing undue dilution of its traditional focus on protecting consumer welfare. It proposes ways in which approaches to competition law enforcement need to be adjusted to reflect the special economic characteristics of developing country economies and the more limited enforcement capacity of developing country competition authorities. Finally, it also addresses the long-running debate concerning the desirability and viability of industrial policy for developing countries. The author would like to acknowledge the Research Grants Council of Hong Kong for its generous support. The work in this book was fully supported by a grant from the Research Grants Council of Hong Kong (Project No. HKU 742412H).

Competition 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.

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.

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.

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 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.

This work gives an overview of the current state of the law of unfair competition for the protection of the intellectual creations and industrial assets in the EU, the USA and other major Anglo-American jurisdictions. Despite the growing interest in this area of law in recent years, little attention has been given to the varying legal and economic paradigms that underlie and shape it. This need for a comparative, theoretical examination is heightened by the advent of the information age, coupled with the desire to integrate markets. These developments pose a challenge to the current regimes of intellectual property protection since these are increasingly becoming out of step with the paradigms that shaped the traditional patent, copyright and trademark regimes. In this work, the author explores the alternative to a protective regime based on unfair competition doctrines, and examines the themes of economic justification, shaping legal boundaries, finding a legal justification, practical application, and harmonization of national laws.

Competition 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.

This book provides a systematic analysis of the law and practice of EU competition/antitrust law and trade regulation in the pharmaceutical sector. Authored by leading private practitioners, economists, scholars and high-profile competition enforcers, this work provides valuable insider knowledge on the application of competition law and policies to the pharmaceutical industry. Key features include: Extensive commentary on the legislation and the latest case law and administrative precedents in the pharmaceutical sector, at both EU and national level Coverage of various key developments including the recent pay-for-delay antitrust investigations, the perennial issues around parallel trade, and an examination of mergers among pharmaceutical companies and medical devices manufacturers In-depth analysis of topics commonly raised in the pharmaceutical sector including: pricing policies, IP life-cycle management, IP licensing and horizontal cooperation agreements Key economic and business perspectives to accompany legal analysis, providing the reader with a rounded view of the subject matter. This book will be a useful resource for lawyers and in-house counsel active in the pharmaceutical sector. The information and analysis provided will prepare readers to take on cases and drive the antitrust review of transactions and agreements within the industry. Researchers, economists and civil servants with an interest in competition law and trade regulation can also benefit from the practical insights provided therein.

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.

Recent years have seen significant evolution in the European Commission's approach to State aid policy. This thought-provoking book analyses the enforcement of State Aid law in the aftermath of the State aid Modernization initiative, identifying a number of emerging trends at both national and EU level. Eminent scholars unpack the recent developments that have contributed to the decentralization of the enforcement of State Aid law, including the General Block Exemption Regulation which allows a larger number of aid schemes to be implemented by national authorities without prior notification to the European Commission. Timely contributions also consider the increasing role of national courts in the enforcement of State aid rules, as well as the Commission's current reliance on State Aid policy to pursue common objectives of EU interest, thus shaping a de facto EU industrial policy. This discerning book is a key resource for students and scholars specializing in both State Aid law and EU law more widely. Containing detailed analysis of the legal and economic consequences of State Aid Modernization, EU State Aid Law will also interest practitioners, economists, and public officials involved in State Aid enforcement. Contributors include: M. Boccaccio, M. Botta, G. Bruzzone, F. Caliento, S. Donzelli, A. Heimler, M. Merola, G. Monti, P.L. Parcu, F, Pastor-Merchante, J.J. Piernas Lopez, M.A. Rossi, A. Scott, J. Weinzierl, B. Willemot-Nieuwenhuys

Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity. Taking a multi-angled view of the topic, this book questions whether IP rights by definition encourage innovation and explores the role of exceptions and limitations to IP rights as well as the application of competition law to promote innovation. Chapters analyse diverse topics within the field of IP such as plant varieties protection, geographical indications and 3D printing. Taken as a whole this book advocates that a pro-innovation rationale must be applied when new IP legislation is designed. This book will be an engaging source of information for researchers and policy-makers with an interest in the direction of IP legislation and the promotion of innovation. It will also be relevant for scholars of competition law who are seeking information on the relationship between competition and IP.

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

This 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.

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies. Contributors: W.K. Arends, A.C. Briggs, W.J. Bruckner, P.B. Clayton, C.C. Corbitt, E.L. Cramer, M.B. Eisenkraft, A.A. Foer, A.J. Gaughan, P. Gilbert, J. Goldberg, D.E. Gustafson, M.D. Hausfeld, K. Kinsella, R.H. Lande, J. Langenfeld, S. Martin, K.J.L. O'Connor, H.L. Renfro, J.D. Richards, V. Romanenko, J.L. Rubin, M.R. Salzwedel, A.E. Shafroth, D.C. Simons, S.P. Slaughter, R.M. Stutz, B.E. Sweeney, J. Tabacco, M.J. Waters, S. Wheatman, K.C. Wildfang, G.G. Wrobel, J.A. Zahid

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.

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.