Asian Capitalism and the Regulation of Competition explores the implications of Asian forms of capitalism and their regulation of competition for the emerging global competition law regime. Expert contributors from a variety of backgrounds explore the topic through the lenses of formal law, soft law and transnational regulation, and make extensive comparisons with Euro-American and global models. Case studies include Japan, China and Vietnam, and thematic studies include examinations of competition law's relationship with other regulatory terrains such as public law, market culture, regulatory geography and transnational production networks.

What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.

This timely work examines the interplay between intellectual property protection and antitrust rules in the communications industry, with particular focus upon the role of externalities in that interplay. There is substantial discussion of the innovation process and of how companies leverage their intellectual property rights in order to obtain market leadership. Particular emphasis is also placed upon how legal doctrines have developed to cope with these issues, and related economic analysis is also discussed.

The EU and the US are the preeminent examples of multi-level polities and both have highly developed competition policies. Despite these similarities however, recent developments suggest that they are moving in different directions in the area of antitrust federalism. This book examines multi-level governance in competition policy from a comparative perspective. The book analyses how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. Inspired by the increasingly divergent policy developments taking place on both sides of the Atlantic, the author asks whether the EU and the US can draw policy lessons from each other's experiences in antitrust federalism. Antitrust Federalism in the EU and the US reveals the similarities and differences between the European and American models of antitrust federalism whilst employing policy network models in its comparative analysis of issues such as opacity and accountability in networks. The book is essentially multidisciplinary in its effort to initiate dialogue between the Law and Political Science literatures in this field. This book will be of particular interest to academics, students and practitioners of Competition Law, Constitutional Law and Political Science.

Competition policy-encompassing cartels, monopolies, mergers and state aid-is a hallmark of the European Union (EU). In recent decades, the EU's competition policy has evolved under pressures from globalization. The EU in turn has been a key actor driving the globalization of the world economy through its increasingly active competition policy. This volume identifies and explores the major transformations that EU competition policy has undergone in the last decade in response to various pressures related to globalization, in particular, economic interdependence, the proliferation of national and regional competition regimes, and the financial and economic crisis. The individual chapters, written by specialists of EU competition policy from both sides of the Atlantic and from the perspectives of political science, management and public policy, investigate how the EU has responded to these challenges in each area of competition policy, and demonstrate that it has, on balance, been quite successful in responding to them, with some exceptions in the areas of state aid and mergers. This book was published as a special issue of the Journal of European Integration.

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.

Global competition now shapes economies and societies in ways unimaginable only a few years ago, and laws shape and maintain global competition, determining how effective global markets are and how they distribute benefits and harms. Competition (or "antitrust") law plays a central role in this framework of law. These laws are intended to protect the competitive process from distortion and restraint, and in the domestic context, they embody and reflect the relationships between markets, their participants and those affected by them.
On the global level, however, competition law is provided by those players that have sufficient "power" to apply their laws transnationally. In practice, this means that the US and the EU generally provide the competition law principles for global competition. This book examines this important and controversial aspect of globalization.
Part I examines the evolution of the current system of competition law for global markets, the factors that have shaped it, and how it operates today. There was once a widespread belief that harm to global competition was an international problem that should be addressed through international coordination, but the Cold War submerged this ideal and led to the current system. Since the 1990s efforts have been made to develop transnational cooperation in this area, but the basic system remains in place. The evolution and operation of this system cannot be understood without understanding the factors in national experience that have shaped them.
The second part of the book focuses on these national experiences and the roles they have played in the evolution of the global system. It examines US and Europeanexperience as well as the experience of the newer players such as China that will necessarily play major roles in the future.
Finally, the book examines the potential for creating a system that functions more effectively and provides more support for global economic and political development. Drawing on parts I and II and on social science as well as legal literature, it identifies the factors that will play a role in moving towards a more effective legal framework for global competition and suggests a pathway for needed reforms.

This book analyses multi-level governance in competition policy, or "antitrust federalism" as it is called by students of competition policy, in the US and the EU from a comparative perspective. The book compares how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. The EU and the US stand among the strongest existing examples of multi-level polities and they developed mature competition policies. Despite such similarities, however, recent developments imply that they are moving in different directions in the field of antitrust federalism.

Inspired by these divergent policy developments taking place at both sides of the Atlantic, the book addresses three principal research questions: firstly, what are the key similarities and differences between the US and the EU in terms of antitrust federalism; secondly, what are the reasons for differences (if any), and finally, can the US and the EU draw any policy lessons from each others experiences in antitrust federalism? The book is essentially multidisciplinary in nature and it aims to initiate a dialogue between the law and political science literatures in its field.

The book argues that the legal literature of antitrust federalism has employed out of date regulatory competition models which do not reflect the complexities of policy enforcement in modern multi-level polities. The book suggests that policy network models provide a more suitable framework for this analysis; and it critically reviews the British and Continental European policy network models. The book uses the common conceptual framework of European policy network models as the main analytical framework in the analysis of antitrust federalism. However, the book also shows that constitutional courts significantly affect different network designs in different polities through interpretation of constitutional power sharing and exercise mechanisms; and it critiques the political science literature for overlooking such essential role of the constitutional courts in building network models.

Common markets, open borders, air traffic, and the internet have made it faster and less expensive to change places and jurisdictions. As a result, legal forums are increasingly treated as a good that is subject to the market mechanism. Individuals and corporations increasingly have free reign to choose which legal rules to apply to their company, their contract, their marriage, or their insolvency proceedings. States in turn grant these opportunities and respond to demand by competing with other suppliers of legal regimes. 'Regulatory competition' describes a dynamic in which states as producers of legal rules compete for the favour of mobile consumers of their legal products. This book focuses on the philosophical underpinnings, problems, and consequences of such regulatory competition. It argues that there is a mismatch between regulatory competition as a policy approach and the beliefs and commitments that shape our thinking about law and the state. It concludes that 'law markets' are potentially at odds with both our conception of the functions of legal rules and of key political ideals and principles such as democracy, state autonomy, and political authority.

This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.

The 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).

This handbook offers detailed descriptions of EU competition law, including mergers and public authorities. Above all, it analyzes and discusses recent decisions of the ECJ and the General Court. Presenting systematically structured and theoretically founded content, the book also includes recommendations for practitioners. Special attention is paid to the scope of penalties and the influence on fundamental rights. Rounding out the book, the conflict between safeguarding confidential information and the effectiveness of private and public enforcement is discussed intensively in the context of the new Directive 2014/104/EU.

Economic analysis plays a pivotal role in competition enforcement. Integrating an economic perspective on merger control with a legal perspective throughout, this is a comprehensive reference work on merger control in the EU. Each chapter includes an analysis of the economic methods that have been employed in merger cases or that can be employed in merger assessment, such as merger simulation and critical loss analysis. Whilst focusing on EU practice, the work also highlights key procedures and and case law across the member states. A comparison with US procedure is also considered. Analysing both substantive and procedural law in detail, this is the most comprehensive work on EU merger control and is invaluable for merger assessment.

In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe.

During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as generalist approaches under the law of treaties; custom and general principles; interfaces between IP and other normative orders, such as trade and investment; and interdisciplinary accounts from the economic, political, and social science perspectives. This title is also available as open access on Cambridge Core.

Contribution claims in antitrust are controversial and under-researched in the legal literature. This book provides the first comprehensive analysis of contribution claims in EU competition law. By drawing on the historical and current practice of EU and national courts, as well as national laws of major EU jurisdictions, it explains contribution claims in antitrust law in concrete and practical terms. It also provides much needed clarity on the relationship between competition law and joint and several liability, as well as guiding those concerned by contribution claims through the issues that are likely to arise. Topics examined include the requirements competition law sets for contribution claims; the criteria for dividing antitrust liability between individual co-infringers; the impact of EU Directive 2014/10; and whether liability sharing agreements can resolve the problems joint and several liability brings to EU competition law.

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision - deliberate or otherwise - not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.

Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.

This monograph addresses two problems surrounding the interpretation and application of Article 81 of the EC Treaty - what is competition and how does Article 81 ensure that competition is protected. After over 40 years of application and a period of modernisation, decentralisation, and reflection, it is possible to understand Article 81 and what it seeks to achieve. The monograph's aim is to reveal the intellectual order and rational structure underlying the law so as to enable the reader to understand Article 81 in a clear and rigorous manner. This is done by breaking Article 81 down into its constituent elements and examining the function that each element serves. Arguing that jurisdiction rests on a public/private distinction, both the substantive and the justificatory rules are cast to generate obligations appropriate for private actors to perform. Actors and activities falling within the scope of Article 81 are subject to the substantive element prohibiting contrived reductions in output. Since output reduction can co-exist with cost reduction/innovation, and that these latter features are desirable, cost reduction and innovation operate to justify infringement of the substantive obligation. Thus this monograph argues that output, cost and innovation are the only legitimate issues in an Article 81 analysis. It is in this sense that the monograph is concerned with the boundaries of Article 81 EC.

A common criticism of the competition rules posed by EU authorities is that they are too inflexible, thereby prohibiting adequate responses to economic and industrial shocks. Competition Law in Crisis challenges this suggestion through an examination of competition responses to crises past and present. With an analysis spanning the response of UK and EU competition authorities to the economic and commercial outfall of the 2008 financial crisis, the COVID-19 pandemic, and potential responses to the climate crisis in the context of post-Brexit British industrial policy, the book argues that relaxing the competition regime is precisely the wrong response. The rigidity of competition rules in the UK and EU has both normative and positive implications for not just the methodology used in competition analysis, but also the role of competition law within the legal order of both jurisdictions. The book concludes with a discussion of the place of the competition in the UK's and EU's legal order.