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.

This EU Digest 2013 is a selection of 51 essays on European competition case laws from the 27 European Union member States and neighboring States. Each essay consists in a synthesis of the leading cases from 2012 and beyond. These essays are organized in two parts. Part I deals with Competition Provisions (Cartels, Dominance, Merger, State aid...) whereas Part II deals with Business Sectors (Automobile, Broadcasting, Healthcare, IT & Telecommunications, Sports...). The purpose of this Digest is to provide a snapshot of the areas of convergence and remaining diversity of competition law in Europe. As noted by Fr d ric Jenny in his Foreword below, while this book is not based on a comprehensive study of all national case laws, no such study is needed to identify the main trends in this area. This EU Digest highlights both convergence and divergence in various areas and sectors of European competition law, making it easy for both practitioners and academics to draw comparison between jurisdictions in various areas and sectors of European competition law.

21st century globalisation is distinguished by institutional and political reforms in many countries such as gradual trade liberalisation and international co-ordination of policies. This author considers globalisation as a non-stop process leading to the convergence of the civilisations, lower cost of production, controlled freedom of communications, guarded advancements of technology, shrinking of distances via advanced transportation means and the economic funds utilise their powers demolishing any local lawful revolutionary efforts exploiting the globe with a fairly democratic way at present. The global economic funds should avoid a gradually undemocratic exploitation of the globe in order to bypass/avoid a global conflict looming in the end of the road of an autocratic globalisation lacking any ethical values. Moreover, globalisation has created centres of power that are alongside, even in competition, with the power of states. Innovation demands extensive up-front R&D costs and strong intellectual property protection is not disconnected from competition principles, but rather, is a vital part of antitrust policy as a whole. Sound intellectual property rights protection creates the competitive environment required to allow companies to profit from their inventions, which encourages innovation efforts.

In this provocative book Calixto Salomao Filho builds a strong case for why economic power cannot be considered a mere market phenomenon. Taking the forgotten realities and effects of these power structures into account, his comprehensive legal analysis persuasively argues the need for a new theory of economic power. The book begins with a discussion of the insufficiency of antitrust concepts and instruments. The author provides an economic history of monopolistic colonial systems and its effect on the development process, and offers an alternate paradigm of legal structuralism and social organization. He goes on to explore the creation of economic power structures with a cogent discussion of market power, legal structures and the dominance of common pool resources. An examination of the dynamics and behavior of power structures follows, with particular attention paid to exclusion and collusion, legal monopolies and the exploitation of natural resources. The author shows clearly how the negative effects of economic power structures directly impact the social and economic development of societies. This new legal theory, with its basis in the realities of economic structures, will prove a powerful alternative to the traditional market rationality paradigm. As such it will be of great interest to students and scholars of law and economics, development and antitrust.

The decentralization of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to coordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition, as well as rules on sharing of evidence, the protection of business secrets, and the interplay between administrative and judicial procedures. This book offers in-depth analysis of these long neglected, yet important, topics. It is the fruit of a research project funded by the European Commission, which brought together experts in academia, practice, and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and Rome II Regulations, the co-operation mechanisms provided for by Regulation 1/2003, and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyzes the existing legislative framework and formulates specific proposals that would consolidate and enhance cross-border antitrust litigation in Europe and beyond. (Series: Studies in Private International Law - Vol. 8)

This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.

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.

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

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.

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.

Companion website: www.oup.com/rousseva 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. EU Antitrust Procedure: Digital Pack includes a digital app with enhanced user functionalities that ensure that you have access to the text and all your accompanying notes wherever you are. The app is available on PC, Mac, Android devices, iPad or iPhone.

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.

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.

The Competition Act 1998 makes fundamental changes to United Kingdom competition law,introducing two new prohibitions based on European Community rules. In September 1998, the Centre for the Law of the European Union at University College London hosted a conference, chaired by Judge David Edward of the European Court of Justice, to discuss the Europeanisation of United Kingdom competition law. This book brings together the papers delivered at the conference, together with additional papers exploring the effect of the Competition Act. The papers will be of interest to all practitioners, officials and academics working in the are of competition law. Contributors: Judge Christopher Bellamy (Court of First Instance of the European Communities), Mrs Margaret Bloom, (Director of Competition Policy, The Office of Fair Trading), Nicholas Green QC (Brick Court Chambers), Donald A. Hay (Jesus College, Oxford and the Institute of Economics and Statistics, Oxford), Professor Valentine Korah (University College, London), Aidan Robertson (Brick Court Chambers), John Swift QC (Monckton Chambers).

A thoroughly revised and updated edition of the leading textbook on government and business policy, presenting the key principles underlying sound regulatory and antitrust policy. Regulation and antitrust are key elements of government policy. This new edition of the leading textbook on government and business policy explains how the latest theoretical and empirical economic tools can be employed to analyze pressing regulatory and antitrust issues. The book departs from the common emphasis on institutions, focusing instead on the relevant underlying economic issues, using state-of-the-art analysis to assess the appropriate design of regulatory and antitrust policy. Extensive case studies illustrate fundamental principles and provide insight on key issues in regulation and antitrust policy. This fifth edition has been thoroughly revised and updated, reflecting both the latest developments in economic analysis and recent economic events. The text examines regulatory practices through the end of the Obama and beginning of the Trump administrations. New material includes coverage of global competition and the activities of the European Commission; recent mergers, including Comcast-NBC Universal; antitrust in the new economy, including investigations into Microsoft and Google; the financial crisis of 2007-2008 and the Dodd-Frank Act; the FDA approval process; climate change policies; and behavioral economics as a tool for designing regulatory strategies.

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.

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.

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.

Competition law has expanded to more than 100 jurisdictions worldwide with varying degrees of economic, social, and institutional development, raising important questions as to what is the appropriate design of competition law regimes and the interaction between competition law and economic development. This volume, comprising a selection of papers from the 4th BRICS International Competition Conference written by academic and practising economists and lawyers from both developed and developing countries, is distinctive in its focus on a broader view of competition policy in BRICS and developing countries. It examines the role competition, the application of broader public interest and national interest concerns in the analysis and influence on developing country competition authorities' policy-making. The contributors address topics such as: - a broad view of competition policy; - making markets work for the people as a post millennium development goal; - some key issues concerning the further development of China's antimonopoly law; - remedies in BRICS countries; - public interest issues in cross-border mergers; - crafting creative remedies in food markets in South Africa; - what are African competition authorities doing to fight cartels?; - successes and challenges in the fight against cartels; and the economics of antitrust sanctioning.

Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.