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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law
The context for this book is the increasingly complex relationship
between economic theory and competition law which gives rise to
lively political and academic debate on the direction competition
law should take in a more global and innovation-oriented market
place. The authors adopt a comparative, research-orientated
approach, taking into account different situations in the US,
Europe, Japan and transition and developing countries. They
investigate the impact of economics on the objectives of
competition law in various fields - restrictive agreements,
unilateral restraints and merger control - and on the effectiveness
of enforcement in a given legal and judicial system. Economic
Theory and Competition Law is an insightful resource for law and
economics scholars. Legal practitioners in the field of competition
law will also value this book.
Rapid technological innovations have challenged the conventional
application of antitrust and competition law across the globe.
Acknowledging these challenges, this original work analyses the
roles of innovation in competition law analysis and reflects on how
competition and antitrust law can be refined and tailored to
innovation. With chapters from well-established and up-and-coming
competition law and economics scholars - from the Academic Society
for Competition Law (ASCOLA) - this book reflects on the role
innovation has played, and can continue to play, within competition
and antitrust law. In addition to uncovering innovation concerns
within their analysis, the authors also make important
contributions to academic and policy debates on the relationship
between these areas of law and other instruments of innovation
regulation, such as data protection regulation, intellectual
property law, the regulation of big data, platforms and artificial
intelligence. Academics in competition and intellectual property
law, economics and political science working on data protection or
innovation more generally will find this book a useful insight into
future challenges for constructing meaningful and effective laws
within the area of innovation. Policymakers and practising lawyers
will also find the example cases useful, especially for refining
and restructuring perception about innovation in competition law.
Contributors include: M. Botta, J.S. Frank, S. Hayashi, W. Kerber,
P. Kuoppamaki, J. Kwoka, B. Lundqvist, M. Maggiolino, F. Marcos,
M.L. Montagnani, P. Nihoul, V. Robertson, C. Seitz, B.
Tangsatapornpan, P. Van Cleynenbreugel, J. Vesala, K. Wu, D.
Zimmer, N. Zingales
Market driven healthcare is massively divisive. Opponents argue
that a competition approach to medical treatment negatively impacts
on quality, while advocates point to increased efficiencies. This
book casts a critical eye over both positions to show that the
concerns over quality are in fact real. Taking a two part approach,
it unveils the fault lines along which healthcare provision and the
pursuit of quality would in certain cases clash. It then shows how
competition authorities can only effectively assess competition
concerns when they ask the fundamental question of how the concept
of healthcare quality should be defined and factored into their
decisions. Drawing on UK, US and EU examples, it explores antitrust
and merger cases in hospital, medical and health insurance markets
to give an accurate depiction of the reality and challenges of
regulating competition in healthcare provision.
With the European Union striving to become the world's most
competitive economy, the developments in the two closely
interconnected areas of European corporate law and European company
tax law are of utmost importance. This book focuses on the crucial
issues raised by these developments, on their far-reaching
implications and on the key challenges to the future legislative
choices. The book illustrates the key developments in EU corporate
law and EU company tax law, the EU planned initiatives in these
areas, and - at a time when member states increasingly tend to use
company law and company tax provisions to attract businesses and
investments - it suggests how future developments can contribute to
the undistorted functioning of the internal market and to the
strategic 'Lisbon-objective'. The explanation of these legislative
and case-law developments is of use to students and indicates new
opportunities for business expansion strategies throughout the
European Community. The book concludes that new optional, but
attractive, EU company law vehicles and company tax regimes would
be, in these two areas, the only legal and effective means towards
an undistorted functioning of the internal market and towards the
Lisbon-objective. This ultimately gives rise to a far-reaching
challenge for all debates on the future patterns of European
integration. Luca Cerioni introduces new themes for academic
research and discussion subjects for decision-makers and at the
same time, uniquely, makes these accessible to a much wider
international public of students, businesses and practitioners.
In modern markets innovation is at least as great a concern as
price competition. The book discusses how antitrust policy and
patent and copyright laws interact to create market dynamics that
affect both competition and innovation. Antitrust and intellectual
property policies for the most part are complementary, sharing
common goals of promoting innovation and economic welfare. In some
cases, however, their distinct approaches, one based on competition
and the other on exclusion, come into conflict. As antitrust
authorities focus increasingly on ensuring that firms do not
interfere with innovation by rivals or impede the pace of
technological progress in an industry, they necessarily must
confront difficult questions about the strength and scope of
intellectual property rights. When should private property rights
give way to public competition objectives? When is it appropriate
to remedy anticompetitive outcomes through access to protected
intellectual property? How does antitrust enforcement or
competition itself affect incentives to innovate? Leading
economists and lawyers address these questions from both US and EU
perspectives in discussing salient antitrust cases involving
intellectual property rights such as Microsoft, Magill, Kodak, IMS
and Intel. Offering a non-technical introduction to this major
topic, this book will be of interest to those practitioners and
legal and economic scholars who may only be aware of one side of
the conflicting views on competition law and intellectual property
law. It will also be of interest more generally to schools and
universities of law in the EU and the US.
This book examines the treatment of joint ventures (JVs) in EU
competition law, and, at the same time, provides a comparison with
US law. It starts with an analysis of the rather elusive concept of
JVs, encompassing both concentrative JVs (subject to merger
control) and non-concentrative JVs. Although focused on possible
definitions of JVs in terms of competition law, it also includes a
broader perspective (going beyond competition law) on the different
legal models of structuring cooperation links between undertakings.
At the core of the book is an attempt to build an analytical model
for the assessment of JVs in terms of antitrust law, especially as
regards Article 101 of the Treaty on the Functioning of the
European Union. The analytical model used proposes a set of
sequential analytical levels, taking into account structural
factors and specific factors related to the main constituent
elements of the functional programs of JVs. The model is applied to
a substantive assessment of four main types of JVs, identified on
the basis of their prevailing economic function: R&D JVs,
production JVs, commercialization JVs, and purchasing JVs. Also
covered are particular situations of joint ownership of
undertakings falling short of joint control. In the concluding part
of the book, recent developments in JV antitrust law are put into
context, within the wider reform of EU competition law. The book is
comprehensive and up-to-date in terms of the reform of the EU
framework on horizontal cooperation between undertakings, which was
introduced at the end of 2010. (Series: Hart Studies in Competition
Law - Vol. 6)
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
This fully updated second edition of European Competition Law: A
Case Commentary explains EU competition law by presenting the
relevant legal provisions together with carefully selected case
extracts pertaining to those provisions. The selection is based on
the interpretative value of the extracts and is limited to the
essentials in order to clearly demonstrate how competition rules
have been interpreted by the European Commission and the courts.
The extracts originate primarily from the decisions of the European
Commission and judgments of the Court of Justice of the European
Union and the European Court of Human Rights. Key features
include:? Updated extracts from newly arisen cases and documents on
EU competition law? Article-by-article overview of EU competition
law jurisprudence ? Unique structure enabling users to quickly
locate decisions and judgments on all relevant procedural and
substantive aspects of EU competition law? Concise and judiciously
selected extracts from the judgments in the most important and most
instructive cases? A nuanced view of competition law rules provided
through the use of extracts rather than author analysis, giving
practitioners a more contextual insight? Greater number of case
extracts than other books, giving a more complete picture of the
way rules translate into European jurisprudence. This unique book
is designed for everyday use by practitioners and academics who
wish to better understand how competition rules are interpreted in
practice, and as a starting point for legal analysis. The book also
serves as a handy resource on the exact wording of the essential
elements of the most important cases. It will appeal not only to
practitioners and academics, but also to all competition
authorities in Europe. Contributors: J. Derenne, G. van Heezik, M.
Johnsson, K. Metzlaff, E. Oude Elferink, A. Pliego Selie, H.
Speyart, P.Stauber
In recent times, commercial activities of companies exercising
market power through their intellectual property rights have
increasingly come under the scrutiny of the EU competition
authorities. Intellectual Property and Competition Law: New
Frontiers looks at how the leveraging strategies of Microsoft, the
patent enhancement strategies of Astra Zeneca and Rambus, and the
reverse payment settlements in the pharmaceutical sector have all
attracted competition intervention, and how the courts have been
forced to decide whether intellectual property issues are the
primary subject matter of the case, or peripheral to that.
Drawing on these judgments, and others, this timely book brings
together leading figures from practice and from academia who
examine the increasingly complex and often strained relationship
between intellectual property and competition law. Focusing
primarily on EU law, but with valuable insight into US law, they
highlight areas where new frontiers are emerging in the interface
between the two, including; refusal to grant access to trade
secrets; the new product test in consumer welfare; competition law
in the pharmaceutical sector; standard setting; and FRAND (Fair,
Reasonable and Non-Discriminatory terms) commitments. The book also
considers the way in which the Commission's proposed changes to the
application of Article 102 EC may impact on the protection of
intellectual property rights.
In the post-Microsoft litigation era, this timely book captures the
range of current thinking on the subject. The impressive list of
contributors brings together leading figures from academia and
practice, from intellectual property and competition law, and from
law and economics, offering unrivalled expert analysis of this
complex area.
In this fresh examination of the Microsoft antitrust case, Richard
Gordon critically examines the economics of the US government's
arguments. The conclusion is that the government presented a
sketchy, incoherent, invalid economic case and relied upon creating
the impression of misdeeds to persuade the courts. The primary
charge is that Microsoft possessed an impregnable monopoly in
operating systems for personal computers. According to the
government, Microsoft created, included in its operating system,
and vigorously promoted its internet browser solely to prevent the
development of the Java/Netscape alternative. The promotion of this
browser was considered predatory. Microsoft allegedly undertook
similar acts against other companies. According to Gordon, the
government failed to present even a clear statement of its charges
and failed to substantiate the critical allegations. In this book,
he concentrates on the underlying economics of the case and reviews
the germane theory. He presents and evaluates implicit government
arguments as well as Microsoft's refutations. Readers in economics,
law and public policy will find this well researched analysis
enlightening.
Emissions trading systems have come to the fore as the most
economically efficient mechanisms that can be employed to bring
about an optimal greenhouse gas reduction goal. Even though much
has been written about the advantages and disadvantages of these
systems, one element of crucial importance - emission allowance
allocation - has not been considered in adequate depth until the
present study. Such an analysis takes on increased importance as it
seems likely that market-based auctioning will become the default
allocation method throughout the EU under a proposed amendment to
the Emissions Trading System (ETS) established by Directive
2003/87/EC. Taking a law and economics approach - that is, using a
combined perspective of industrial economics and legal analysis -
this important book examines the potential for anticompetitive
distortion that may result from auctioning emission allowances.
Among the issues investigated in depth are the following: * whether
the current setup of the EU ETS fosters allocative efficiency or
whether this allocative efficiency is hindered by legal impediments
or constraints; * whether EU competition law can serve to remedy
anticompetitive effects stemming from Member State actions taken
pursuant to Directive 2003/87/EC; * which allocation formats are
most desirable from an allocative efficiency and environmental
effectiveness point of view; * the importance of initial allocation
and adjustment of out-of-equilibrium situations under the amended
ETS; * whether auctioning allowances serves the attainment of
market equilibrium even in the continuing presence of 'polluter
havens'; * the effect of the ECJ's so-called 'joint application
jurisprudence' on the ETS; and * the allocation of allowances from
a state aid perspective. The book provides both a coherent typology
of emission allowance allocation mechanisms and the main
characteristics of the present emissions trading system, setting
the gained insights into a broader perspective. It examines how
various assignment mechanisms deal with issues such as price
determination, allocative efficiency and environmental
effectiveness. It considers how market-based allocation mechanisms
compare with administrative allocation mechanisms, particularly
those based on the widely applied grandfathering method. And
perhaps most important - and of especial value to practitioners and
policymakers - it identifies the auction design challenges that
must be addressed by the Commission in its implementing regulation
due by 30 June 2010.
This book results from a conference held in Singapore in September
2009 that brought together distinguished lawyers and economists to
examine the differences and similarities in the intersection
between intellectual property and competition laws in Asia. The
prime focus was how best to balance these laws to improve economic
welfare. Countries in Asia have different levels of development and
experience with intellectual property and competition laws. Japan
has the longest experience and now vigorously enforces both
competition and intellectual property laws. Most other countries in
Asia have only recently introduced intellectual property laws (due
to the Trade-Related Aspects of Intellectual Property Rights
(TRIPS) Agreement) and competition laws (sometimes due to the World
Bank, International Monetary Fund or free trade agreements). It
would be naive to think that laws, even if similar on the surface,
have the same goals or can be enforced similarly. Countries have
differing degrees of acceptance of these laws, different economic
circumstances and differing legal and political institutions. To
set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and
Bill Kovacic look at the intersection of intellectual property and
competition laws in the United States. Next are country chapters on
Asia, each jointly authored by a lawyer and an economist. The
country chapters outline the institutional background to the
intersection in each country, discuss the policy underpinnings
(theoretically as well as describing actual policy initiatives),
analyse the case law in the area, and make policy prescriptions.
The success of computer programs often depends on their ability to
interoperate A- or communicate A- with other systems. In
proprietary software development, however, the need to protect
access to source code, including the interface information
necessary for interoperability, is of vital importance. This
apparent conflict gives rise to a complex interaction between
copyright law and competition law, as the strong need for
interoperability in computer programs affects both innovation and
competition. This important book offers the first in-depth analysis
of the current respective copyright and competition law approaches
to interoperability. With respect to copyright law, the book offers
an in-depth analysis of how copyright law has been applied to
computer programs, how this form of protection affects
interoperability, and how the European Software Directive A-
including its interpretation by courts in Member States A- aims to
facilitate interoperability. With respect to competition law, the
author critically analyzes the application of Article 102 of the
TFEU to refusals to supply interface information, including a
discussion on the tension between copyright and competition law.
The author also examines the substantial body of U.S. case law and
accompanying literature on the interplay between copyright law,
software and interoperability. Based further on a comparison with
relevant ex-ante interconnection rules in European design
protection law and telecommunications law, the author advances
several recommendations aimed at facilitating interoperability in
software copyright law. Three interrelated approaches combine to
convey an integrated and immediately accessible understanding of
the subject: A { how interoperability affects the balance between
innovation and free competition in software; A { which of two
regimes A- copyright law or competition law A- should primarily be
concerned with striking this balance as affected by
interoperability; and A { which particular instruments are suitable
to approach this problem within these respective regimes. Because
of the in-depth analysis of the software interoperability problem
with related legal disciplines in both Europe and the United
States, and due to the clarity of the presentation, this will be
welcomed as a valuable resource by practitioners, jurists, and
academics concerned with copyright protection of computer software,
interoperability and the interaction between copyright and
competition law.
This monograph examines how European Union law and regulation
address concentrations of private economic power which impede free
information flows on the Internet to the detriment of Internet
users' autonomy. In particular, competition law, sector specific
regulation (if it exists), data protection and human rights law are
considered and assessed to the extent they can tackle such
concentrations of power for the benefit of users. Using a series of
illustrative case studies, of Internet provision, search, mobile
devices and app stores, and the cloud, the work demonstrates the
gaps that currently exist in EU law and regulation. It is argued
that these gaps exist due, in part, to current overarching trends
guiding the regulation of economic power, namely neoliberalism, by
which only the situation of market failure can invite ex ante
rules, buoyed by the lobbying of regulators and legislators by
those in possession of such economic power to achieve outcomes
which favour their businesses. Given this systemic, and
extra-legal, nature of the reasons as to why the gaps exist,
solutions from outside the system are proposed at the end of each
case study. This study will appeal to EU competition lawyers and
media lawyers.
An established authority in the field, this is the core reference
work for practitioners on electronic communications in the European
Union. Giving insight into the regulations, the work provides a
thorough analysis of the competition rules and regulatory framework
applicable to electronic communications networks and services
within the European Union. Electronic communications encompass all
forms of electronic transmission of information, including
telecommunications, broadcasting, and the internet. This second
edition is updated to reflect the new regulatory package which has
made changes to some of the fundamental mechanisms. A brand new
section on data protection also features, giving an authoritative
account of the legislation in the important new area of privacy
protection in electronic networks. Detailed coverage of the recent
case law of the Europan courts is provided including the European
Commission's cases on the coordination mechanism for the relations
between national regulatory authorities. The author team provides a
wealth of expert knowledge on both regulation and general
competition law, combining the first hand experience of Peter
Rodford and rigorous academic analysis from Paul Nihoul. Peter
Rodford is a former Head of the European Commission unit
responsible for regulatory policy in electronic communications and
took part on behalf of the Commission in the recent negotiation
with the European Parliament and Council on the amendments to the
EU regulatory framework.
One of the major shortcomings of the current drug discovery and
development process is the inability to bridge the gap between
early stage discoveries and pre-clinical research to advance
innovations beyond the discovery phase. This book examines a novel
drug discovery and development model where the respective expertise
of academia and industry are brought together to take promising
discoveries through to proof of concept as a way to de-risk the
drug discovery and development process. Expert author Helen Yu
explores integrated drug discovery by analyzing the intersection of
intellectual property law and competition law and discusses the
role of stakeholders in efficient translation and commercialization
of publically funded research. Considering the transactional risks
associated with drug discovery and development, this book advocates
for a greater emphasis on contractual freedom and economic
efficiency when assessing collaborative partnerships between
industry and public research organizations. This standout book
bridges the gap between theoretical research and legal practice by
providing a research-based applied perspective on
university-industry collaborations in drug discovery and
development. Achieving Proof of Concept in Drug Discovery and
Development has an international appeal, especially in countries
actively involved in drug discovery and development, such as the
United States, the United Kingdom, Switzerland, Germany, Japan,
India and China. Organizations and associations in the drug
discovery and development field would likely be interested in
reading a book that provides a research-based applied perspective
as well.
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