The development of competition law in the EU can be explored through three interrelated perspectives: the extent to which controversies in economic thinking affect the design of the law; how changing political visions about the objectives of competition law have caused shifts in the interpretation of the rules; and the institution in charge of applying the rules. The economic and political debates on competition law show that it is a contested terrain, and the way courts and competition authorities apply the law reflects their responses to the objectives and economics of competition law. By characterising the application of competition law as a continuous response to policy and economic debates, the author casts fresh perspectives on the subject. Written with competition law students in mind, Monti sets out economic concepts in a non-technical manner and explores the policy dimension of competition law by referring to key cases and contemporary policy initiatives.

This sweeping, comparative study of taxation in the United States and Australia shows that even as governments in the Western world have become increasingly sophisticated tax collectors, a competitive and ruthless market in advice on tax avoidance has developed. The same competitive forces in the late twentieth century which have driven down prices and sparked efficiencies in the production of fast food or computer parts have helped stimulate the markets for "bads" like tax shelters and problem gambling. Braithwaite draws the surprising conclusion that effective regulation could actually flip markets in vice to markets of virtue. Essential reading for anyone involved in policy, governance, and regulation, Markets in Vice, Markets in Virtue provides a blueprint for restoring the equity of Western tax systems and a breakthrough theory of how regulators can support markets in virtue and curtail markets in vice.

This book is the only comprehensive guide to the competition regimes of China, Hong Kong and Taiwan. Chinese developments are placed in the context of the adoption of competition regimes by developing and transitional states world-wide and also in relation to the influence of trans-national organisations on transitional states to adopt market-based economic strategies. The book adopts an inter-disciplinary approach considering the political, economic and legal issues relevant to competition policy adoption. The paradoxical phenomenon of Communist mainland China seeking to adopt a pro-competition law, whilst capitalist Hong Kong refuses to do so, is explained and contrasted with the successful Taiwanese adoption of a competition regime over a decade ago. The underlying economic and political forces that have shaped this unusual matrix are discussed and analysed with a theoretical explanation offered for the existing state of affairs.

The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals. The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.

In this book Peritz analyses how free competition has signified both freedom from oppressive government and freedom from private economic power. Peritz shows how these two complex yet distinct and sometimes contradictory images have influenced government policy and continue to inspire public debate over political economy in America.

This timely collection guides us to rethink the role of intellectual property law in a shared knowledge environment. Covering a wide range of topics - from smartphone wars to fashion design and from synthetic biology to digital content - this book greatly advances our understanding of open and collaborative innovation.' - Peter K. Yu, Drake University Law School, USInnovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law. As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries. Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity. Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested

It is rare to find an analysis as clear-sighted of the energy market regulation in Europe taking into account legal, regulatory and (geo-)political aspects. Congratulations to this contribution to the debate about regulating energy markets in the future.' - Herwig C. H. Hofmann, Professor of European and Transnational Public LawLaw and Policy of the European Gas Market examines the regulatory and competitive choices of institutions and bodies operating within the EU gas market, with a view to achieving a higher level of market integration. Offering an in-depth analysis of the design, structure and functioning of the EU gas market, the book considers the most recent European legal developments associated with this market and places them in their respective geopolitical context. This timely book contributes to the discussion surrounding the concurrent application of competition law and regulation on the EU gas market. It also provides a unique critique of the way in which competition law is used, mainly through the European Commission's so-called 'commitments practice', while looking at consumer protection and the effects of such practice on third-country transmission system operators. This book provides a unique reassessment of the role played by sector-specific regulation in achieving gas market integration and will therefore prove a valuable resource for gas market participants, policy makers and lawyers in the field. It will also be of great use to students, academics and researchers interested in the latest legislative reform of the EU gas market or 'the Third Energy Package'. Contents: 1. Introduction 2. The specifics of the EU gas market 3. Setting of relationships with natural gas producers 4. EU gas market structure 5. Defining and assessing the current EU gas market design 6. Integration of the EU gar market through administrative bodies 7. Conclusion Bibliography Annex I: Legislation applicable to the EU gas market Annex II: Case Law Index

This is an extraordinary collection of essays, most previously available only in Chinese, by the leading world authority on China's Anti-Monopoly Law. They are necessary reading for a holistic understanding of the law as a unique product of its history, its purposes and foundations, and its early applications. Probably no other scholar could produce such a thoughtful, clear, and both theoretically and practically helpful collection.' - Eleanor M. Fox, New York University School of Law, USChina's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China's AML to the international community, through a collection of essays from the most prominent antitrust scholar in China, Professor Xiaoye Wang. Xiaoye Wang provides a unique and invaluable 'insider perspective' into how China and its incipient antitrust regime work. This book therefore serves as a key reference text, which comprehensively outlines the historical background of China's enactment of the AML, engages in comparative legal analysis to explain the basic contents of the law, analyses its existing problems, and considers the various challenges it will face in implementation. This book also records the AML's difficult legislative journey, and reflects upon the views and different perspectives that the Chinese society has on the market economy, market competition, and other important theoretical questions. Antitrust practitioners and in-house lawyers, academics and policymakers alike will be interested in this book. China has become too important an antitrust jurisdiction, and too important a market, for any person with an interest in antitrust to ignore. Contents: 1. Why Needs China Anti-Monopoly Law? 2. Anti-monopoly Law and Building a Harmonious Society 3. Anti-monopoly Law and China's Economic Reform 4. Market Access of the Non-Public Economy and Anti-Monopoly Law 5. Legal Suggestions for Reforming Monopoly Industries 6. China's Competition Law in the Global Competition 7. The Impacts of the WTO Competition Policy Negotiation in China 8. WTO Accession and the Formulation of China s Anti-Monopoly Law 9. The Prospect of Anti-monopoly Legislation in China 10. The Goals of China s Anti-Monopoly Law 11. Anti-Monopoly Law and Industry Price Self-Discipline 12. Anti-Monopoly Regulation of the Market Behaviour of Public Utility Enterprises 13. The Legal Regulation of Administrative Restrictions on Competition 14. Anti-Monopoly Law in the Compulsory Licensing of Intellectual Property 15. Some Issues Surrounding the Anti-Monopoly Enforcement Authority in China 16. Issues Surrounding the Drafting of China's Anti-monopoly Law 17. Unfair Competition and Anti-Competition 18. Comments on Merger Control under China's Anti-monopoly Law 19. Highlights of China's New Anti-monopoly Law 20. Analysis and Comment on China's Anti-Monopoly Law 21. China's Anti-monopoly Enforcement Agency Should Say No to the BHP-Rio Tinto Merger 22. Comments on MOFCOM's Decision on Coca-Cola/Huiyuan 23. Reflections on the NDRC Case Against China Telecom and China Unicom 4. China's Anti-Monopoly Law for Three Years: Achievements and Challenges Index

In the late nineteenth century a new form of capitalism emerged in Great Britain and the United States. Before the revolutions in communication and transportation, the owners of firms managed the processes of production, distribution, transportation and communication personally. By the end of the century, however, technological innovation and mass markets fostered the development of large-scale corporate structures, leading to a separation between owners and operators. In this new form of capitalist enterprise managers were increasingly the principal decision makers. This economic transformation spawned social and political tensions which compelled the public and policy makers to decide upon an appropriate response to big business. A primary focus of public discourse was antitrust. This book explores the development of big business and the antitrust response in a comparative context.

This is a very timely book which provides an unprecedented analysis of the factors which have shaped the competition law systems of ten Asian countries and Australia. The comprehensive discussion from varying viewpoints against the backdrop of the significantly different environments within which the respective regimes have developed creates a framework for the comparative assessment of competition law systems elsewhere in the world.' - Lutz-Christian Wolff, The Chinese University of Hong KongThis detailed book describes and analyses the essential political economy features that provide the backdrop to the competition policies and competition law regimes of several of the most important Asian economies. The book also discusses the impact of these political economy influences in determining whether the adopted competition policy is effective. Each of the authors - experts in their respective countries - offer specific insights into the nature and structure of their competition regimes and discuss to what extent the varied political economy factors unique to that country help to determine whether and to what extent the established system promotes or hinders economic competition in that jurisdiction. Comprising wide coverage of Asian jurisdictions, including Australia, this book will strongly appeal to students and academics of law, politics, economics and economic development, policy makers in national governments, international agencies and competition authorities, as well as practicing competition lawyers and in-house counsel. Contributors: M.F. Cheong, A. Fels, D. Fruitman, D. Healey, R.A.S. Jalit, J. Lee, Y.H. Lee, R.I. McEwin, P.S. Mehta, N.N. Sirait, T. Takigawa, S. Thanitcul, M. Williams

This indispensable Handbook examines the interface of competition policy, competition law and industrial economics.The book aims to further our understanding of how economic reasoning and legal expertise complement each other in defining the fundamental issues and principles in competition policy. In specially commissioned chapters the book provides a scholarly review of economic theory, empirical evidence and standards of legal evaluation with respect to monopolization of markets, exploitation of market power and mergers, among other issues. The International Handbook of Competition Second Edition will be accessible to a wide audience including students of economics and law, public administrators, lawyers, consultants, and business executives. Contributors: D.B. Audretsch, E.W. Bond, A.W.A. Boot, V. Ghosal, R. Griffith, K. Huschelrath, C. Kirchner, M. Marinc, S. Martin, D.C. Mueller, L. Nesheim, M. Neumann, A. Rasch, A. Rathbone, C. Rowley, A. Wambach, J. Weigand, B.B. Yurtoglu

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

Much of antitrust law scholarship has focused on substantive legal issues - theories of harm and changing law and policy. Surprisingly, there has been very little work that is comparative, on a fundamental element that is a critical building block to effective policy - procedural fairness. Procedural fairness encompasses issues of transparency and due process. Procedural fairness has been an important issue in global antitrust for some time. The types of due process concerns raised globally often relate to the lack of effective representation, the use of industrial policy by third parties, and procedural tools that do not allow for the most effective advocacy to lead to efficient outcomes. This book focuses on these issues and teases out common problems and distinct issues in particular jurisdictions, allowing for a rethink of creating a more effective system for procedural fairness, and explores these issues in each jurisdiction, along with highlights of particular cases in which due process issues have emerged.

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.

This comprehensive research Handbook brings together cutting-edge legal and economic analysis into antitrust issues by leading experts from Europe, the USA, Canada, Mexico and South America. The Handbook of Research in Trans-Atlantic Antitrust covers a wide-range of areas including: * the meaning of consumer welfare * mergers in monopsony markets * unilateral effects * private and criminal enforcement * implementing competition policy in regulated sectors * abuse of intellectual property rights * competition remedies * international enforcement cooperation * complainants' rights * dominant firm pricing * tying and bundling. The Handbook also includes discursive consideration of the similarities and differences among the various regimes on either side of the Atlantic, as well as a look to future trends and applications in regional and global contexts. Offering a comparative view of pressing antitrust issues, this Handbook will be of great interest to academics, lawyers, practitioners and officials.

Through a collaboration among twenty legal scholars from eleven countries in North America, Europe and Asia, Patent Remedies and Complex Products presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks and the Internet of Things. It covers the application of both monetary remedies like reasonable royalties, lost profits, and enhanced damages, as well as injunctive relief. Readers will also learn about the effect of competition laws and agreements to license standards-essential patents on terms that are 'fair, reasonable and non-discriminatory' (FRAND) on patent remedies. Where national values and policy make consensus difficult, contributors discuss the nature and direction of further research required to resolve disagreements. This title is also available as Open Access on Cambridge Core.

United Nations Conference on Trade and Development (UNCTAD) voluntary peer reviews of competition law and policies are conducted at annual meetings of the Intergovernmental Group of Experts on Competition Law and Policy or at five-yearly United Nations Conferences to Review the United Nations Set. The substantive preparation was carried out by the Competition and Consumer Policies Branch (CCPB) of UNCTAD under the direction of Teresa Moreira, Head of CCPB. This report was prepared for UNCTAD by Maria Leonila Papa. The substantive backstopping and review of the report was the responsibility of Dr. Pierre Horna and Elizabeth Gachuiri, assisted by Hyejong Kwon, Competition and Consumer Policies Branch, under the guidance of Teresa Moreira, Head of the Branch, UNCTAD. Elona Lazaj assisted in coordinating the process with the Bangladesh Competition Commission and the consultant as part of the UNCTAD team for the Bangladesh peer review on competition policy

In the early decades of European integration, the enforcement of EU competition law was highly centralized. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently, the enforcement of EU competition law has become less centralized - many would say even decentralized. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law, largely on the basis of their domestic enforcement regimes. This combination of decentralization and enforcement autonomy raises questions about the relationship between EU law and national law, as well as about the costs of enforcement. Sanctions in EU Competition Law links these questions by analyzing how competences in the area of sanctions are distributed between EU and national law, and how this influences the costs of enforcement. The author's conclusions - which highlight the economic implications of the choices made by competition authorities, courts, and legislators - will be of use to all the above in further developing EU competition policy. The thesis on which this book is based was declared runner-up in the 2013 Concurrences Awards. (Series: Hart Studies in Competition Law)

"Competition and the State" analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere--the role of competition law and policy in the financial sector.
This book, the third in the "Global Competition Law and Economics" series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.

This study of the normative justification for the use of criminal sanctions as a means of cartel control goes beyond the historical and economic viewpoints by adding a normative evaluation of anti-cartel regimes and analysing cartel control in the USA, Europe and the UK. The analysis is unique in seeking to establish why, in a liberal society, criminal sanctions should apply to individuals who participate in this sort of activity. Although cartels have been rhetorically likened to theft and fraud, there are significant differences. Notwithstanding these differences, Cartels, Markets and Crime presents an argument for the criminalisation of economic collusion and, with this argument in mind, analyses the regimes of the USA, EU and UK and considers the possibility of global convergence.

Selected chapters from this book are published open access and free to read or download from Oxford Scholarship Online, https://oxford.universitypressscholarship.com/. Since Digital Dominance was published in 2018, a global consensus has emerged that technology platforms should be regulated. Governments from the United States to Australia have sought to reduce the power of these platforms and curtail the dominance of a few, yet regulatory responses remain fragmented, with some focused solely on competition while others seek to address issues around harm, privacy, and freedom of expression. Regulating Big Tech condenses the vibrant tech policy debate into a toolkit for the policy maker, legal expert, and academic seeking to address one of the key issues facing democracies today: platform dominance and its impact on society. Contributors explore elements of the toolkit through comprehensive coverage of existing and future policy on data, antitrust, competition, freedom of expression, jurisdiction, fake news, elections, liability, and accountability, while also identifying potential policy impacts on global communication, user rights, public welfare, and economic activity. With original chapters from leading academics and policy experts, Regulating Big Tech sets out a policy framework that can address interlocking challenges of contemporary tech regulation and offer actionable solutions for our technological future.

Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.

The UK competition law regime comprises primarily the Competition Act 1998 and the Enterprise Act 2002, supplemented by provisions introduced by the Enterprise and Regulatory Reform Act 2013 and the Consumer Rights Act 2015. The foundation of the modern framework of UK competition law, the Competition Act 1998, has entered its twentieth year of operation, having come into force on 1 March 2000. Since that particular date, UK competition law has developed significantly through both decisional practice and jurisprudence. It has also undergone a process of modernisation, including both institutional and substantive reform. After the passage of an eventful twenty years of enforcement and reform, it is now an appropriate time to engage in a serious process of critical reflection on the current shape of the UK's competition regime and whether it is performing well its role of 'making markets work well for consumers'. With this context in mind, the book examines in a robust and critical manner the first twenty years of the operation of the UK's competition regime. It focuses on the main substantive and procedural issues and provides a comprehensive analysis of how the UK's contemporary competition regime has dealt with the challenges posed by these issues. By doing so, the book not only articulates those areas of competition law that are working well in the UK, but also those areas where further reflection, refinement and possible reform are required.