Competition (or antitrust) law is national law. More than 120 jurisdictions have adopted their own competition law. Is there a need for convergence of the competition law systems of the world? Much effort has been devoted to nudging substantive law convergence in the absence of an international law of competition. But it is widely acknowledged that institutions play as great a role as substantive principles in the harmonious - or dissonant - application of the law. This book provides the first in depth study of the institutions of antitrust. It does so through a particular inquiry: Do the competition systems of the world embrace substantially the same process norms? Are global norms embedded in the institutional arrangements, however disparate? Delving deeply into their jurisdictions, the contributors illuminate the inner workings of the systems and expose the process norms embedded within. Case studies feature Australia/New Zealand, Canada, Chile, China, Japan, South Africa, the USA, and the European Union, as well as the four leading international institutions involved in competition: the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network; and the introductory and synthesizing chapter by the directors of the project draws also from the new institutional arrangements of Brazil and India. The book reveals that there are indeed common process norms across the very different systems; thus, this study is a counterpart to studies on convergence of substantive rules. The synthesizing chapter observes an emerging 'sympathy of systems' in which global process norms, along with substantive norms, play a critical role. The book provides benchmarks for the field and suggests possibilities for future development when the norms are embraced in aspiration but not yet in practice. It offers insights for all interested in competition law and global governance.

Both antitrust and intellectual property laws are intended to facilitate economic growth. Antitrust is meant to encourages competition of all kinds and intellectual property law should offer inventors and artists the correct incentives to develop new ideas and technologies, but the harsh reality is that antitrust and IP laws have wandered off this course.
In Creation without Restraint: Promoting Liberty and Rivalry in Innovation, Christina Bohannan and Herbert Hovenkamp analyze the current state of competition (antitrust) and intellectual property laws, and propose realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform. This book considers how antitrust and IP law should engage practices that restrain rather than promote innovation, and covers the troubled topic of IP "misuse," which the authors suggest needs a broader reach but narrower remedies.
Bohannan and Hovenkamp also evaluate the uses and limits of antitrust to address a variety of practices in innovation intensive markets, including interconnection in networks, duties to deal, and internet neutrality. The book constructs a framework and rules for governing the "innovation commons," or the vast area that involves collaborative innovation. Finally, it considers ways to further competition in the licensing and distribution of IP rights, and offers several proposals for specific reforms, most of which can be instituted by the courts without the need for new legislation.

This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists.
Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU Competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements, vertical restraints and technology transfer agreements.

In recent years cartel regulation has become a key priority for competition authorities around the globe resulting in a proliferation of immunity and leniency programmes. Competition authorities are constantly developing and revising their approaches to cartel regulation and introducing new mechanisms for businesses to report cartels, seek immunity and gain leniency. The need for businesses and their advisers to be able to identify and manage their global risk exposure is more pressing than ever before. The Global Cartels Handbook addresses this pressing need by providing a comparative analysis of immunity and leniency programmes for legal practitioners and corporate counsel. It consists of a comparative introduction which identifies some of the key features of the main jurisdictions and provides some of the strategic pointers to the most appropriate forums in which to seek leniency. A quick reference guide gives a tabular country-by-country overview of the leniency programmes in place around the world. This is followed by a detailed point-by-point description of each leniency programme, with reference to all key case law throughout, under a set of headings which are templated across each country chapter. This template format allows for ease of reference and consistency of information and provides essential practical information for filing a leniency application.

Widely read and appreciated in its first edition by students, academics and junior practitioners, EU Competition Law and Intellectual Property Rights was the first book to offer an accessible introduction to the interface between competition law and intellectual property rights.
Now fully updated, but retaining the accessible approach, it continues to represent an ideal gateway to this increasingly dynamic interface, offering a sound introduction to the topic based on thorough legal analysis. It provides a foundation to EU competition law rules as they relate to intellectual property rights, and explores how such a template can be applied to existing intellectual property rights and adapted to new technologies such as telecommunications and information technology. It demonstrates how, both under the EU law and as a matter of economic policy, EU competition law must provide a set of outer limits to, and a framework of rules which regulate, the exploitation and licensing of intellectual property rights.
A group of landmark cases since the first edition - the Microsoft case and its predecessor concerned with database rights, the IMS case - has extended the scope of Article 102 TFEU to a refusal to license interface codes. Article 102 has also been applied in the Astra Zeneca case to regulate the behavior of pharmaceutical companies and the pharmaceutical sector has recently experienced a sectoral enquiry. Finally, the field of industrial standards, patent ambushes and FRAND obligations has become the subject of competition law scrutiny. Under Article 101 TFEU, the modernization reforms and the new Technology Transfer Block Exemption Regulation 772/2004 together with the Technology Transfer Guidelines have quite radically reformed the method that lawyers must use when analysing the limits of clauses in intellectual property licensing. It requires greater economic understanding, offers less legal certainty but allows more flexibility than its predecessor. The book offers a comprehensive insight to these new developments in a textbook style ideal for those approaching the subject for the first time, or a useful reference for those with more experience.

The influence of European Competition Law is global, and Competition Law and Regulation of Technology Markets takes a practical, integrated approach to competition law, which is becoming increasingly prominent in the technology sector in Europe - as demonstrated by a number of high profile cases such as Microsoft, Sony/BMG and Intel.
The book focuses on the information, communication and media markets that form the 'new economy'. It provides a coherent analysis of these various markets by considering the regulatory context, and by addressing the issues, and ensuing legal problems, that are common to them. These include; high fixed costs, the importance of intellectual property and standards, the impact of interoperability, and the prevalence of the network effect.
The book considers how EU competition rules interact with regulation, intellectual property law and data protection rules, and goes on to analyze the application of competition rules in four fields; communications networks, industrial intellectual property, creative intellectual property, and electronic commerce and services.. The book charts a clear path through this complex interaction of rules, and provides the competition law practitioner with the necessary tools to advise on legal problems in these sectors.

This practical commentary addresses all aspects of the EC Anti-Dumping regulation and makes extensive comparison with WTO Anti-Dumping Law. Anti-Dumping Law is a branch of EC and WTO law which is of considerable practical and economic relevance. This book is the long-awaited new edition of the 1997 book by the same authors and includes all the changes in that period including relevant Court rulings, the extensive practice by the Council and the Commission of the European Union as well as reports by the WTO Dispute Settlement Panels.
This book will be the standard reference book among practitioners and government officials around the world as many important countries using anti-dumping instruments have based their laws and practice on the EC model.

Following China's entry into the WTO in September 2001, it has been keen to establish itself among trading parties as a market economy. In recent years it has become one of the largest trading nations in the world, and is a source of substantial inward investment. In recognition of these developments, the government has undertaken a major overhaul and modernization of its competition law, superseding the outdated and disparate provisions previously in place, with new legislation in 2007. China's near neighbors, Vietnam and South Korea, likewise have vibrant economies and have had strong trading relationships with the west for many years. This book is the first to cover the practical implications of the developments in competition law in these countries.
It is aimed at practicing lawyers and company advisors, giving a clear description of the new antitrust law in China, the established antitrust law in Taiwan and Korea, and the underdeveloped law in Vietnam. It also considers developments in Hong Kong, which is in the process of introducing a general law of antitrust. The first part of the book gives a concise introduction to antitrust laws and policies in the jurisdictions covered, as well as an introduction to standards in antitrust law for those new to the area. China, Taiwan, Korea and Vietnam each have five chapters devoted to discussion of the regime in general, its institutional shape, the substantive laws relating to agreements, dominant or monopoly firm conduct, merger control and procedures. The relevant legislation is explained and the principles clarified by references to guidelines, practice and relevant decisions and cases. In the case of Hong Kong a single chapter discusses the proposals brought forward by the legislature. Particular attention is paid to the extent to which antitrust laws in each jurisdiction may be applied to parties who are not citizens in those jurisdictions.
This book is invaluable to lawyers advising clients engaging in international trade and commerce with and within these territories, and besides giving a clear explanation of the position of the law, it also contains translations of the core relevant legislation for each of the jurisdictions. Academics specializing in international competition law will find this a concise and informative text for consultation.

This is the third of three self-contained volumes, making up the Oxford Encyclopaedia of EC Law, a major reference work on the law of the European Community/Union. The first of its kind in any language, it provides an authoritative guide to the interpretation of Community law. The first volume covered Institutional Law, and the second the Law of the Internal Market. This final volume focuses on competition law and policy, with separate entries devoted to competition law in specific business sectors, and other significant areas of competition law, such as exclusive agreements, merger control, state aid, and vertical agreements. A new edition of the volume of the Encyclopaedia covering Institutional Law (first published 1991) will be produced once the fate of the European Constitution has been decided.
The entries are arranged alphabetically, and each entry begins with a short definition of a term or concept, followed by a longer and more detailed explanation. The definitions and explanations are based on the Treaties and the legal acts of the institutions (secondary legislation), as interpreted in the extensive case-law of the European Court of Justice and the Court of First Instance, to which full references are made in the text. The book is thoroughly cross-referenced, and each entry is followed by a reading list to facilitate further research. The volume thus contains a comprehensive and detailed coverage of its subject, reflecting the authoritative interpretation of Community law by the Community Courts.
There is a full list of entries at the beginning of the volume guiding the reader to the relevant term or concept, making the book easily accessible. There arecomprehensive tables of cases, Treaties, international agreements and secondary legislation, plus an Index to the entire volume.
Prepared by a team of experts in the field of EC/EU law and competition law and policy, the volume will serve both as a reliable tool for practitioners looking for an authoritative and up-to-date explanation of a subject supported by an extensive citation of cases, and as a starting-point for advanced students or academics wishing to carry out further research in this area of the law.

The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.

Very Short Introductions: Brilliant, Sharp, Inspiring Competition is responsible for much of the prosperity around us. Competitive markets deliver lower prices, better quality, abundance of choice, and increased innovation. But while competition benefits the consumers, it can prove challenging to producers and sellers, who need to constantly improve to stay in business. As a result, sellers may sometimes look for ways to dampen the competitive process. Our antitrust and competition laws are designed to address these risks and safeguard consumer welfare. The competition enforcers have the task of unravelling price-fixing cartels, challenging powerful companies that abuse their power, and monitoring proposed merger transactions that could undermine effective competition. In doing so, competition enforcers have to carefully consider the level of intervention and ensure they do not distort the natural dynamics of competition. Drawing on case studies from the US and the European Union, this Very Short Introduction explores the promise and limitations of competitive market dynamics. In examining the laws and the way they are enforced, Ariel Ezrachi considers the delicate relationship between a free market economy and government intervention, and the fascinating forces of competition that shape modern society. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

This concise and practical guide to the most important economic techniques and evidence employed in modern merger control draws on the authors' extensive experience in advising on European merger cases. It offers an introduction to the relevant economic concepts and analytical tools, and stand-alone chapters provide an in-depth overview of the theoretical and practical issues related to market definition, unilateral effects, coordinated effects and non-horizontal mergers. Each form of economic evidence and analysis is illustrated with practical examples and an overview of key merger decisions.

The new edition of this book gives a comprehensive update and analysis of European law as it affects competition in EU energy markets, especially oil, gas and electricity. This includes all relevant directives, regulations, Treaty provisions (including the energy chapter in the draft EU Constitution), case law and decisions of the ECJ, the CFI and the European Commission competition authorities. Appropriate consideration is also given to the new developments in EU legal relations with Norway, Switzerland and other neighbouring countries. In this edition a special chapter examines the growing impact of environmental rules on the energy sector, especially with respect to renewable energy, nuclear power and the EU emissions trading scheme. A new section on the competition law framework explains and describes in detail the growing impact of competition law instruments such as merger control, state aid and antitrust in this sector. The new edition also explains the greatly enhanced role of the national energy regulatory authorities and the European Competition Network in enforcing law at the European level, as well as the various challenges that may be made to their decisions. The approach adopted in this edition is primarily analytical and practical, treating each problem that has arisen in application of the law and assessing the efficacy of the solution adopted. It examines the tensions that arise in the law as a result of conflicting policy objectives on environmental, internal market and security of supply concerns. The new edition draws on the insights of a high-level advisory panel of senior pracitioners, regulators and academics in the sector. The panel is made up of Professor Sir David Edward, formerly at the ECJ; Maria Rehbinder, the Head of Unit for Energy and Water at DG Competition, European Commission; David Newbery, economics professor at Cambridge University; and Michael Brothwood, solicitor and occasional advisor to the House of Lords Select Committee on Europe.

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law's conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening the legal understanding of brands by explaining what brands are and how they function, how trademark and antitrust/competition law have misunderstood brands, and the implications of continuing to ignore the role brands play in business competition. This is the first book to engage with the topic from an interdisciplinary perspective, hence it will be a must-have for all those interested in the phenomenon of brands and how their function is recognized by the legal system. The book integrates both a competition and an intellectual property law dimension and explores the regulatory environment and case law in both Europe and the United States.

Niamh Dunne undertakes a systematic exploration of the relationship between competition law and economic regulation as legal mechanisms of market control. Beginning from a theoretical assessment of these legal instruments as discrete mechanisms, the author goes on to address numerous facets of the substantive interrelationship between competition law and economic regulation. She considers, amongst other aspects, the concept of regulatory competition law; deregulation, liberalisation and 'regulation for competition'; the concurrent application of competition law in regulated markets; and relevant institutional aspects including market study procedures, the distribution of enforcement powers between competition agencies and sector regulators, and certain legal powers that demonstrate a 'hybridised' quality lying between competition law and economic regulation. Throughout her assessment, Dunne identifies and explores recurrent considerations that inform and shape the optimal relationship between these legal mechanisms within any jurisdiction.

Public procurement represents a specialist yet important area of practice in the European and international business and commercial legal environment. This book offers an inclusive, coherent and practical analysis of the relevant law and jurisprudence, with the principal focus on the case law of the European Court of Justice in the public procurement field. The author provides the reader with a taxonomy of the themes and reasoning that has been used by the Court, and a convenient conceptual framework for practitioners and academics alike.

EU Competition Law: General Principles (EU Competition Law Library) provides an authoritative overview of competition law in the European Union. It includes up to date and detailed analysis of core Treaty articles and case law on the fundamental principles affecting commercial agreements, abuse of dominant position and state involvement and its effect under competition law. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who don't subscribe to the looseleaf. The authors are leading practitioners in the field of UK and EU competition law.

Merger control in the United Kingdom has recently entered a new phase in its development. The advent of the relevant aspects of the Enterprise Act 2002 has been welcomed as a "depoliticisation" of the regime. The role of the Secretary of State has been all but excised, and the substantive criteria against which mergers are assessed have been revised to offer formally a competition-based standard. Together with guidance published subsequently, the reforms also prescribe a range of new procedural guarantees for those parties affected under the regime. In addition, the EC merger control regime and in particular the nature of its relationship with the competent authorities of the Member States has been significantly revised.
It is against this backdrop that the authors--leading experts with first rate regulatory, practical and academic experience--offer a comprehensive statement of the law, architecture, and procedure of merger control in the United Kingdom; explain the factors pertinent to the economic appraisal of mergers in a manner accessible to a legal audience; and give invaluable practical guidance on managing the transactional process and regulatory risk.

This work considers in detail the EU law and case law affecting various types of "horizontal" agreements - those between undertakings operating at the same level of the manufacturing, supply or retail chain. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who don't subscribe to the looseleaf. Part I analyses so-called 'object'-type agreements which have always been a primary focus of anti-trust enforcement agencies and are likely to infringe Article 81 EC. Part II examines so-called 'co-operation' agreements which either do not infringe Article 81(1) EC at all, or, if they do create an appreciable restriction on competition within the meaning of that provision, may nevertheless benefit from the exception set out in Article 81(3). The way in which the European Commission treats these types of agreements has changed recently and reflects a much less form-based, and more fact-specific, economics-based approach. The texts of relevant Commission Guidelines on the application of the relevant EC Treaty articles, in particular on specialisation and research and development agreements are included in appendix.

This second edition of Merger Control in the EU provides the reader with an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. A brand new addition to the book is the companion website which will maintain the currency of the main work after publication; a service that is free of charge to all who own a copy of the book. The European Commission has exclusive competence to authorise or prohibit concentrations which have a Community dimension. Bearing in mind the economic relevance of these operations, decisions made by the Commission have an extraordinary market impact. This work is an invaluable and precise instrument for legal practitioners and economists, as well as for those undertakings involved in merger operations or acquisitions. It will enable them to become acquainted with the Commission's policy in this field and to guide themselves through the complex procedure of notification in Brussels. It will also be useful for those merger operations which are required to follow the procedure of notification to the national competition authorities in EU Member States, since the Commission's guidelines inspire, to a large extent, the acts and decisions of the national authorities in this field. This book analyses the issues related to merger control not only from a legal standpoint, but also from an economic one. It is a product of the authors' knowledge and experience in Brussels as officials of DG Competition in the Commission, and as lawyers defending the interests of undertakings involved in the notification procedure.

This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It examines the conflict between intellectual property rights (exclusive rights limited normally to the territory of a single Member State) and the principle of free movement of goods and services in the internal market. The various tests and theories propounded by the European Court of Justice in attempting to resolve that conflict are explained from a critical standpoint. The ramifications of the exhaustion-of-rights principle are explored and chapters of this volume are devoted to trade marks, patents, and copyright. Finally, the volume examines the limitations on the exercise of intellectual property rights as a result of EC competition law.
Volume 2 will cover EU legislation which has harmonized intellectual property law and created unitary intellectual property rights such a the Community trade mark.

This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.

The EU antitrust enforcement system for several decades has been one of the most mature antitrust enforcement systems in the world. The European Commission has been recognised as a leading antitrust agency internationally, and a role model for enforcers. This would not have been possible without effective procedural rules. This volume provides a comprehensive and practically-oriented account of EU antirust procure. After setting out the institutional design and legal framework of the EU antitrust enforcement system, it explores the EU Commission's investigative powers, the possible outcomes of its investigations, the types of decisions it adopts and the remedies and fines it imposes. This volume looks closely at the rights of defences enjoyed by the investigated parties, and how the EU Commission strike a balance between their full observance on the one hand and the effectiveness of its enforcement on the other. Particular attention is given to the judicial review of the EU Commission's acts and the role of the EU Courts in providing judicial protection and ensuring compliance with fundamental rights and principles. Recognising cooperation as a key feature of the EU antitrust enforcement system, the volume explores the mechanisms for cooperation between national antitrust enforcers and the EU Commission, between national courts and the EU Court of Justice as well as the mechanisms for international cooperation. It also provides an in-depth review of the ECN+ Directive and explains how it contributes to making national competition authorities more effective enforcers. Written primarily with enforcers and practitioners in mind, it is essential reading for anyone with an interest in EU antitrust procedure.

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.

Algorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called "algorithmic antitrust" theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation.