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.

The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time. Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be? Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.

The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy. Competition Law for the Digital Economy critically evaluates how the digital economy differs from the old economy and the ways in which competition law interacts with other legal regimes of data protection and sector specific regulations. This book also considers the broader issues, addressing the possible remedies to be imposed in the case of restrictions on digital markets. This timely book asserts that whilst the digital economy is currently in its infancy, competition law should play a crucial role in shaping the competitive digital ecosystem. Providing the general perspectives on competition policy and the application of traditional and new regulatory tools for the digital economy, this analytical book will be a key resource for competition law students and academics, while also appealing to practitioners. Contributors include: K. Bania, E. Deutscher, S.Y. Esayas, R.C. Feldman, M.S. Gal, B. Lundqvist, S. Makris, H.K. Schmidt, N. Thieme, Y. Uemura, S. Van Uytsel, J. Vesala, S. Vezzoso, K. Voss

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.

This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Article 102 of the Treaty on the Functioning of the European Union, concerning the abuse of a dominant position, has probably never played a more prominent role in EU anti-trust policy than today. In 2009, there were high profile cases involving Microsoft, Intel, GDF Suez, and numerous others, and, at the end of 2008, the European Commission issued new guidance on enforcement priorities in applying Article 102 to abusive exclusionary conduct. In many respects, Article 102 represents probably the most rapidly evolving area of EU anti-trust law and provides for a much greater role in Community competition law enforcement for national competition authorities. This book gives a complete working guide to these new procedures, as well as a detailed examination of court jurisprudence in this complex and important area of law. It is an in-depth working guide to the application of Article 102 in practice, including the evolution in policy resulting from the important Commission Review and the economic approach to its application that is becoming the hallmark of recent Commission policy in this area. The book's contributors are leading authorities with wide experience within the European Commission and private practice.

In this book the legitimacy of anti-dumping measures in free trade areas is discussed. Economists argue that, generally, anti-dumping actions restrict and distort competition. In political terms, anti-dumping measures are biased in favour of a privileged interest group: the producers. Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings they contradict the guidelines of Article XXIV(8) (b) of the GATT. At the same time, anti-dumping measures are an exclusive exercise of sovereignty and would seem to protect statehood and arguably other national interests of any importing state. The traditional alternative for anti-dumping actions has always been argued to be the application of domestic legislation against predation and price discrimination. It is suggested that this solution is inappropriate or at least incomplete. Many abuses, other than predation, can be exercised in transnational market: transnational vertical restraints such as tying, refusal to deal, restrictions on patents, trade marks and copyrights may all facilitate dumping. Indeed, in an international forum, what constitute market power and abusive conduct

Analyzes the newly available statistical evidence on income distribution in the former Soviet Union both by social group and by republic, and considers the significance of inequalities as a factor contributing to the demise of the Communist regime.

This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the 'economic approach to competition law' and deal with its normative and institutional limitations. In recent years the more 'economic approach' has led to a modernization of competition law throughout the world. This book comprehensively examines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline. Competition Policy and the Economic Approach will appeal to academics in competition economics and law, policy-makers and practitioners in the field of antitrust/competition law as well as postgraduate students in competition law and economics. Those interested in the interplay of law and economics in the field of competition will also find this book invaluable. Contributors: O. Budzinski, U. Cantner, J. Drexl, C. Engel, A. Fuchs, J. Haucap, A. Heinemann, L. Idot, W. Kerber, W.E. Kovacic, R. Podszun, M. Polo, D.L. Rubinfeld, D. Schroeder, V.J. Vanberg, G.J. Werden, B.J. Wilson, D. Zimmer

Comparative Competition Law examines the key global issues facing competition law and policy. This volume's specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement - such as the regulator's powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource. Contributors include: R. Burgess, E. Buttigieg, M.A. Carrier, L. Cejnar, J. Clarke, D.A. Crane, A. Ditzel Faraco, A. Duke, J. Duns, G.A. Hay, K. Klovers, A. Merrett, N.H. Nesbitt, G.C. Shaffer, T. Shiraishi, R.L. Smith, A. Speegle, B. Sweeney, J. Tapia, S. Vande Walle, S.W. Waller, W. Zheng

A trenchant account of an unacknowledged driver of inequality and wage stagnation in America: the abandonment of antitrust law, which has allowed corporations to combine into a smaller number of massive conglomerates whose market dominance robs workers of their bargaining power. The consequences of the massive consolidation wave in corporate America that began decades ago are now increasingly apparent: labor markets are no longer competitive. Since the 1970s, Americans have seen income and wealth inequality skyrocket-and job opportunities stagnate. There are many theories of why this happened, including the decline of organized labor and the introduction of tax policies that favored the rich. However, another crucial event was the precipitous decline in antitrust enforcement that began in earnest during the Reagan administration. With ever-increasing combination and consolidation, workers had fewer options to turn to. In How Antitrust Law Failed Workers, Eric Posner documents the role of antitrust in our economy and why it failed. Only through reforming antitrust law can we shield workers from employers' overwhelming market power. As Posner explains, antitrust laws were created to protect the labor market by attacking monopolies, like Facebook and Google today, that are able to either charge high prices or degrade the quality of their services because customers cannot switch to competitors. Antitrust laws are also used to attack business cartels that can fix prices. In recent years, it has become clear that firms with market power not only charge higher prices; they also suppress wages and output. Many employers use anticompetitive devices-like covenants not to compete for workers and no-poaching agreements-to advance their market power at the expense of workers. Posner shares stories that illustrate how the problem is playing out on the ground, and then contextualizes what is going on via a concise history of the American economy and labor relations since the 1980s. Essential reading for anyone interested in fighting economic inequality, How Antitrust Failed Workers also offers a sharp primer on the true nature of the American economy-one that is increasingly uncompetitive and tilted against workers.

This book investigates whether the European Commission (EC) has the mandate to legislate on direct taxation in sovereign states and ultimately questions whether the EC's enforcement action in recent tax ruling cases, in the area of State aid, respects the rule of law. Liza Lovdahl Gormsen explores whether the EC's recent rulings in relation to Member States' advanced pricing arrangements reflect a genuine problem of illegal State aid or whether the EC is attempting to use State aid rules to harmonise national tax systems. The author examines this issue through relevant case law, comparing the EC's actions with OECD guidance and US practices, assessing what is legitimate in terms of the EC's actions and competences. Through the lens of State aid and tax rulings, the author addresses the wider constitutional question of how to reconcile national interests with the move towards European harmonisation; does the answer lie in more integration, or less? This book will be of great interest to academics researching the relationship between the EC and Member States in regards to taxation, State aid and authority over direct taxation. Practising lawyers working in the field of State aid and tax will also find this to be a useful resource as it clearly outlines relevant case law and interprets the resulting decisions.

Nearly every important country now has a competition law. It is vital to understand the institutions that drive the operation of these laws. This excellent volume provides case studies of some of the more substantial new competition authorities written by former or current top agency officials and academics closely connected with those institutions. The book highlights the fact that whilst these institutions have certain features in common, they are very much shaped by the history and circumstances of their own countries and cultures, and that any serious prescription for them needs to balance those factors against the general economic doctrines that lie behind competition law around the world. Without that understanding, regulators and those dealing with them are likely to face failure. The book points to ways of resolving those problems.' - Allan Fels, The Australia and New Zealand School of Government (ANZSOG)This detailed book focuses on the development of competition law institutions and contains case studies that examine this against the backdrop of the debate around global convergence of competition law and the limits imposed by particular national circumstances. Five of the chapters examine the development of competition law regimes in a diverse range of countries: Mexico, Hungary, South Africa, Thailand (with comparative remarks on South Korea) and Zambia. The remaining chapters examine the role of multinational institutions, particularly the International Competition Network, and the practice of and potential for regional competition law arrangements. The majority of the authors are seasoned practitioners of competition law, all of whom acknowledge the importance of convergence, while simultaneously demonstrating the limits imposed by divergent national circumstances. This carefully edited collection is a companion volume to Enforcing Competition Rules in South Africa, an account of the development of competition law institutions in South Africa, authored by David Lewis and published by Edward Elgar. Building New Competition Law Regimes will be of particular benefit to scholars, teachers and practitioners of competition law. It will also be of interest to development studies scholars, teachers and practitioners and to specialists in the countries that are the subjects of the case studies. Contributors: J. Bleazard, H.C.S. Correa, J. Fingleton, E. Fox, A. Heimler, F. Jenny, T. Kaira, C. Kovacs, D. Lewis, S. Mitchell, E.P. Motta, D. Nikomborirak, A.P. Reindl

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.

This book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by "fair", "reasonable" and "non-discriminatory" terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.

`This is a very valuable book! It collects symposium papers that analyze key issues and important developments in global competition law today. It explores methodological foundations, including the roles of economics, and recent experiences in key countries (China, Japan, India and Eastern Europe). One section contains highly illuminating articles on private enforcement, criminalization of competition law, the role of globalization and the process of competition law change. All of the articles are valuable, and many are outstanding.' - David J. Gerber, Chicago-Kent College of Law, US Competition law has changed substantially since 1990. The worldwide tendency toward market-based economic systems has induced many countries to adopt competition rules. This innovative book discusses the global character of competition law focusing on three interrelated perspectives; firstly, the impact of economics on competition policy; secondly, the competition law experience in selected countries (USA, EU, Japan, India, China, Brazil, transition countries) and how the law has adapted to the political, economic, geographic and cultural environment; and thirdly, the process of internationalisation and convergence of competition law. This book will be an invaluable read for academics and postgraduate students in competition policy, economics of law and international business law, as well as for competition law practitioners in international firms.

How has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas Lopez's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.

This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court's decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.

This edited volume identifies the various country specific factors that warrant changes in the design and implementation of competition laws.

The book covers case studies of nine countries of differing sizes and at varying stages of economic development, that have at one stage or another repealed extant competition laws for new ones, and seeks to examine the motivations and contexts under which this was done. The countries examined include the Czech Republic, Hungary, India, Ireland, Poland, Serbia, South Africa, Tanzania and the UK. Tracing the evolution of competition regimes in the countries covered, the book provides lessons for countries still in the process of forming their competition regimes. The contributions show that the road to strong competition regimes is seldom smooth, and that social, economic and political factors in the country hugely impact on the pace and effectiveness of competition reforms. The volume also addresses the issue of when the development of competition policies and laws can be seen to be in conflict with national development strategies.

Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.