This book proves that, as a result of the enhanced private antitrust enforcement reform, private international law has a vital role to play if EC competition rules are to be enforced effectively in court proceedings with an international element. To this end, the author makes a thorough analysis of how the post-2003 policy of the European Community - favoring private law enforcement of EC competition law - can be implemented under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The work also deals with how the jurisdiction and recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. Additionally, the complex private international law problems - in respect to cross-border class action and judgments in relation to antitrust infringements that have occurred in several countries - are discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings - in relation to EC competition law claims and the jurisdiction of English courts in proceedings ancillary to arbitration claims - are dealt with accordingly.

This book offers an original interpretation of the case law on exclusionary abuses under Article 82 EC (now Article 102 TFEU, according to the numbering introduced by the Treaty of Lisbon), and it identifies the various factors that have shaped the application of this provision through its history. The book provides an in-depth analysis of the European Commission's Guidance on enforcement priorities under Article 82 and it makes a provocative proposal for further modernisation of the analysis of exclusionary abuses by recasting the prohibition of abuse of dominance as a norm which deals only with unilateral conduct. The first part of the book reconsiders fundamental legal and economic concepts underpinning the assessment of exclusionary abuses and identifies the difficulties posed by the principal forms of abusive practices (refusals to deal, predatory pricing, rebates and tying). The EU case law is compared with the US experience under Section 2 of the Sherman Act. The second part of the book explores solutions, based on the premise that the reform of Article 82 (now Article 102 TFEU) should be in line with the modernisation of Article 81 (now Article 101 TFEU) and the EU merger control rules. The last chapter demonstrates the gradual convergence of the application of Articles 81 and 82 in the area of vertical restraints. It points towards a redefined division of labour between these two provisions with a view to ensuring efficient enforcement, better protection of consumer interests, and clearer incentives for dominant firms to invest in desirable commercial practices. The book will be of interest to students and practitioners of EU competition law, and to those in other jurisdictions where the application of competition law to practices of dominant firms is controversial.

This comprehensive multi-contributor collection includes details about every jurisdiction where a mechanism for anti-cartel regulation has been introduced. A concise account of each jurisdiction is provided, presented in a practical and clear manner with the aid of flowcharts, diagrams and tables. Anti-Cartel Enforcement Worldwide aims to provide the legal community, in particular law firms and policy-makers, with an important and authoritative source for information and reference, which will prove valuable when making decisions and delivering sound and accurate advice relating to cartel cases.

Goyder's EC Competition Law is firmly established as a classic text on this area of law. The emergence of competition law has been one of the most important features of the EC and has had a significant impact on many aspects of UK business and economic life. This book provides a full account of its development since the inception of the EC in 1957. Competition law is a complex and often highly technical subject which the authors have unlocked by exploring its historical origins and early developments before illustrating the main areas of substantive law. Covering all of the major areas studied on undergraduate and postgraduate courses, the book contains not only a full account of the substantive law and its social, political and economic context, but also a penetrating assessment of its practical effectiveness and likely future development. Topics covered in this new, revised, fifth edition, include: - the Modernisation of the Enforcement of the EC Competition rules - the new Block Exemption Regulations on Motor Vehicle and Distribution, and Technology Transfer Agreements - the Commission review of Article 82 EC - the new Merger Regulation - recent developments in international aspects of EC competition law.

National practice, law, and jurisprudence on state aid are developing rapidly in the present context of EU decentralization. Although the EU rules governing state aid are widely discussed, there has been until now a dearth of practice-oriented material on the actual implementation of these rules at the national level. This important contribution to the ongoing debate on the reform of the state aid system addresses for the first time the full scale of procedural questions arising in the implementation of EU state aid law. It covers all issues, ranging from the intention to grant an aid via judicial protection for competitors right through to recovery of aid and judicial protection of the beneficiary.The book presents the documentation on state aid which was made available to the participants of the 22nd World Congress of the Federation Internationale de Droit Europeenne (FIDE) at Cyprus in November 2006. Detailed reports by well-known practitioners or professors of law discuss and analyze the implementation of EU State aid law in 17 EU Member States, as well as Norway, Switzerland, and Croatia. The national reports, based on a standard questionnaire, are preceded by an analytical general report, comparing and assessing results of the analysis of Member States' law in the light of Community law, and an EU report on state aid procedures.Issues addressed include the following: transparency obligations; ensuring compliance with the notification obligation; ensuring the compatibility of aid and the application of block exemptions; recovery of aid; limitation of judicial review; and the position of state aid debt in bankruptcy proceedings. No serious academic contribution to the present debate on the reform of state aid law can afford to ignore this book. As a unique and thorough overview of state-of-the-art knowledge on national law and practice on EU State aid matters, this compendium will be of inestimable value to practitioners involved in representing interests of beneficiaries and competitors before national authorities or national courts, or before the European Commission or European Courts. The analyses will also be welcomed by authorities granting state aid, including public enterprises.

For over one hundred years, the antitrust consent decree has been a major weapon in the federal enforcement of antitrust laws. In Antitrust Consent Decrees in Theory and Practice, Richard A. Epstein undertakes the first systematic study of their use and effectiveness from both a historical and analytical perspective. Epstein observes how differences in antitrust philosophy can shape the kinds of comprehensive settlements that the government will seek and the courts will grant. Epstein takes issue with aggressive antitrust enforcement strategies that seek to use government power to fundamentally alter industry structures or the business practices of regulated firms, in some instances leading to their breakup. To explain the perils of that approach, Epstein carefully examines the history of consent decree litigation, culminating in detailed studies of the AT&T breakup and the government antitrust actions against Microsoft. Applying modern theories of antitrust analysis, Epstein's central thesis is that bold antitrust remedies that are not tightly tied to a defensible theory of wrongful conduct often prove counterproductive. Such measures typically force firms to adopt business practices and structural reorganizations that substantially impede their ability to compete effectively in the marketplace. The disparate fates of AT&T and Microsoft are the result of a major and fruitful shift in thinking about the use and limits on the antitrust laws in a wide variety of industrial contexts. Antitrust Consent Decrees in Theory and Practice will be of interest to any reader who is concerned with the larger implications of the government regulation of law and business. Epstein brings nearly forty years of personal knowledge and experience to this matter. Written in a clear and nontechnical style, this book should prove an invaluable resource to any student of regulation and economic policy, as well as lawyers and policymakers concerned with antitrust litigation.

This book deals with the cartel offense introduced into UK law by the Enterprise Act 2002. It is now, for the first time, a criminal offense to operate certain cartel arrangements in the UK, and those found guilty of the offense face the prospect of fines and/or imprisonment. This presents new challenges for competition lawyers, who may not have expertise in criminal law, and criminal lawyers who are unlikely to have expertise in the complex substantive issues raised by competition law. This book addresses these issues, providing a guide to the workings of the provisions, explanations of the definitions set out in the Act, and an analysis of the relationship of the new offense with the existing UK and EC competition law. Human rights issues and practical considerations in the application of the relevant procedural law are also dealt with. Relevant OFT guidance and statutory provisions are published in the Appendix.

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.

CONTENTS Introduction --- Dale C. Dahl The Federal Trade Commission and Agricultural Antitrust Activities ---Alfred Dougherty, Jr. and Clint Batterton Agricultural Cooperatives and the Antitrust Exemption --- Ralph Morris Antitrust Dimensions and Developments in Food Pricing and Distribution --- Eugene M. Warlich Class Actions in Agricultural Antitrust Suits --- John A. Cochrane Appendix A. The Class Action Rule; Rule 23 of the Federal Rules of Civil Procedure Appendix B. Recent Agricultural Cases Involving Antitrust Class Actions

This edited collection explores the legal foundations of the single market project in Europe, and examines the legal concepts and constructs which underpin its operation. While an apparently well-trodden area of EU law, such is the rapid evolution of the European Court's case law that confusion persists as to the meaning of core concepts. The approach adopted is a thematic one, with each theme being explored in the context of the different freedoms. The themes covered include discrimination, horizontality, mutual recognition, market access, pre-emption and harmonization, enforcement, mandatory requirements, flexibility, subsidiarity and proportionality. Separate chapters explore the link between competition law and the single market, the rapidly evolving case law on capital, and the external dimension of the single market. Contributors also address the WTO dimension, and its important implications for the single market project in Europe.

This book is an accessible and authoritative single-volume guide to antitrust law. It provides a complete and detailed framework for United States (US) antitrust laws and the cases which interpret them. It describes how the laws are enforced, and by whom, and introduces the reader to the practice of antitrust law. In covering these topics, the book cites and discusses a large volume of US Supreme Court decisions, as well as lower court decisions and secondary sources, in order to provide an understanding of the broad principles, statutory mandates, and statements of the regulatory agencies. It provides a succinct overview and history of US antitrust law and its enforcement. Summaries of the most important federal antitrust and related statutes are provided, as the primary sources and foundation upon which antitrust case law and enforcement are built. The book then offers a narrative discussion of the principles of US antitrust law as contained in the court decisions, statutes, and enforcement guidelines, with chapters organised according to the primary statutes. These chapters cover the provisions of the Sherman Act, including the outlawing of agreements in restraint of trade and monopolization; the Clayton Act's provisions against anticompetitive mergers, acquisitions, and joint ventures; the Hart-Scott-Rodino Act and the regulation of premerger notification and merger clearance processes; and the Robinson-Patman Act, which prohibits certain kinds of differential pricing. Finally, it describes and outlines the activities of the four groups responsible for enforcing US antitrust law. For those unfamiliar with the law of the US, the book also provides an overview of the federal and legal systems, including the judicial decision-making process, and outlines how a case progresses through the federal courts. This is an essential and accessible guide to US antitrust law, offering clear explanations and insightful analysis of this complex legal area.

Written by two practitioners, this second edition of Competition Law of the European Union and the Netherlands: an Overview, is a complete revision and update of an earlier publication of 1998, published shortly after the introduction of the Dutch Competition Act. Competition law is of vital importance for all major strategic business decisions and for all corporate and M&A transactions. This book is a comprehensive analysis of the EC and Dutch rules and practises in this area of the law. It is only a matter of size of the parties and of the transaction whether the EU or Dutch rules apply. This is the primary reason for discussing both sets of rules in one publication. The other reason is that the EC rules and practices are a major source of inspiration for the Dutch legislator, regulator and the courts.

The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU commercial law and corresponding national laws. The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws, and international treaties relating to intellectual property. This second edition of an extremely well-reviewed work covers numerous developments that have taken place since the first edition, including the revision of the Technology Transfer Block Exemption and Guidelines, the adoption of a new block exemption for Research and Development, revised Guidelines on horizontal co-operation, the implications of the UsedSoft judgment on exhaustion of rights, EU legislation regulating collecting societies, and cases concerning the abuse of dominant position by misuse of the patent system such AstraZeneca v Commission. The book contains a detailed explanation of the application of EU competition law to all types of intellectual property and the resulting regulatory framework for the exploitation and licensing of intellectual property rights. It has practical analysis of such issues as technology transfer and pools, standards, research and development, collecting societies, franchising, and merchandising. The first edition was quoted with approval by the English Court of Appeal.

Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017. Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards.

As millions of Americans are aware, health care costs continue to increase rapidly. Much of this increase is due to the development of new life-sustaining drugs and procedures, but part of it is due to the increased monopoly power of physicians, insurance companies, and hospitals, as the health care sector undergoes reorganization and consolidation. There are two tools to limit the growth of monopoly power: government regulation and antitrust policy. In this timely book, Deborah Haas-Wilson argues that enforcement of the antitrust laws is the tool of choice in most cases.

The antitrust laws, when wisely enforced, permit markets to work competitively and therefore efficiently. Competitive markets foster low prices and high quality. Applying antitrust tools wisely, however, is a tricky business, and Haas-Wilson carefully explains how it can be done. Focusing on the economic concepts necessary to the enforcement of the antitrust laws in health care markets, Haas-Wilson provides a useful roadmap for guiding the future of these markets.

An approach to reinvigorating economic competition that doesn't break up corporate giants, but compels them to share their technology, data, and knowledge "Bessen is a master of unpacking the nuances of a complex array of interrelated trends to build a coherent story of how the promise of the democratized Internet ended up under the control of just a few. Read The New Goliaths to see how the forest came to have only room for a few tall trees with the rest of us in the undergrowth."-Joshua Gans, coauthor of Prediction Machines: The Simple Economics of Artificial Intelligence Historically, competition has powered progress under capitalism. Companies with productive new products rise to the top, but sooner or later, competitors come along with better innovations and disrupt the threat of monopoly. Dominant firms like Walmart, Amazon, and Google argue that this process of "creative destruction" prevents them from becoming too powerful or entrenched. But the threat of competition has sharply decreased over the past twenty years, and today's corporate giants have come to power by using proprietary information technologies to create a tilted playing field. This development has increased economic inequality and social division, slowed innovation, and allowed dominant firms to evade government regulation. In the face of increasing calls to break up the largest companies, James Bessen argues that a better way to restore competitive balance and dynamism is to encourage or compel these companies to share technology, data, and knowledge.

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.

Competition law has witnessed phenomenal growith in in recent years, especially since the early 1990s. As an increasing number of countries have undertaken economic reforms and embraced the market economy, many of them have introduced competition law to maintain competition in their markets. With the growing integration of the global economy, any anti-competitive activity can have effects across national borders. Competition law has, therefore, become an important part of international trade dialogue. Cooperation on competition issues, therefore, figures in an increasing number of bilateral or regional trade agreements. The book provides an overview of the competition law regime with particular focus on India. It broadly covers the history, objectives, and substantive provisions of law, its relationship with regulated sectors of the market, the economics of law, its international dimension, and competition law in developing countries. The second edition provides an updated account of law and incorporates changes that have taken place since the publication of the first edition. It includes two new chapters: 'Reviewing Competition Regime in Pakistan' and 'Merger Control Regime under the Competition Law in India'.

Now in its eighth edition, Bellamy & Child is the leading authority on EU competition law. It offers a clear and comprehensive exposition of law and procedure, with exhaustive citation of judicial and legislative authorities. Fully up-to-date with major developments in substantive law and case law, this is an essential purchase for EU competition law practitioners.

Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.

The edited volume will adopt a thematic approach to some controversial issues in the area of competition law and IP in China and will include contributions from leading academics and practitioners. The combination of the editors as well as the contributors' expertise on competition and IP law, and their practical experience and perspectives, guarantees that the book will present a high quality up to date, detailed analysis of the different perspectives that these jurisdictions take in the enforcement of competition and IP law. The volume discusses the current trends as well as the future challenges of the enforcement in these areas. The book aims to further the understanding of these controversial and fast paced issues by offering insights and recommendations on the basis of a comprehensive and thoughtful analysis. It therefore aims to become the ultimate point of reference to scholars, law and policy makers, and other stakeholders.

When it was first published a quarter of a century ago, Richard A. Posner's exposition and defence of an economic approach to antitrust law was a jeremiad against the intellectual disarray that then characterized the field. As other perspectives on antitrust law have fallen away, Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges and scholars agree that the primary goal of antitrust law should be to promote economic welfare, and that economic theory should be used to determine how well business practices conform to that goal. In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The "new economy", for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, Posner explains how the economic approach can be applied to new industries, such as software manufacturers, Internet service providers and those that provide communications equipment and services. "The antitrust laws are here to stay", Posner writes, "and the practical question is how to administer them better - more rationally, more accurately, more expeditiously, more efficiently". This fully revised classic should continue to be a standard work in the field.

This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.