This timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues. Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US. This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.

This book presents a detailed study of the interface between regional integration and competition policies of selected regional trade agreements (RTAs), and the potential of regional competition laws to help developing countries achieve their development goals. The book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and also help developing countries to fully enjoy the benefits deriving from a regional market. Bringing together analysis from well-known scholars in the developed world with practical insight from scholars in countries hoping to exploit the potential of competition law, this book will appeal to academics working in the field of competition law, practitioners, policymakers and officials from developing countries, as well as those in development organizations such as UNCTAD. Contributors: A. Amunategui Abad, M. Bakhoum, D.S. Beckford, J. Cortazar, J. Drexl, E.M. Fox, M.S. Gal, D.J. Gerber, G.K. Lipimile, G. Mamhare, J. Molestina, K. Moodaliyar, M. Ngom, T. Stewart, L. Thanadsillapakul, I.F. Wassmer

The Economic Characteristics of Developing Jurisdictions: Their Implications for Competition Law contributes to the ongoing debate over what type of competition law and policy is most suitable for developing jurisdictions. Concluding that one competition model does not fit all socio-economic contexts, the book frames an alternative vision of competition rules for developing nations. A number of different factors that influence the implementation of competition law in developing countries are analyzed, such as the content and goals of such laws, the institutional features, and the political, ideological and legal conditions that must complement law and policy. Experts in the fields of development economics and competition law discuss the key economic features that characterize most developing jurisdictions, determine how these unique characteristics influence law and policy and define how this must translate into competition law. Through this interdisciplinary exploration, the book illustrates how unique characteristics of developing jurisdictions matter when enforcing competition law. Scholars interested in development economics and law and development will find this an informative addition to the discussion surrounding competition law in developed and developing countries. Practitioners and policy makers will find practical insight into how traditional approaches to designing competition law must be revised for the future. Contributors: M. Bakhoum, M.H.A. Beigi, O. Budzinsky, I.L. De Leon, J. Drexl, S.J. Evenett, E.M. Fox, M.S. Gal, D.J. Gerber, E.M. Greco, T. Indig, D. Lewis, P. Lin, D. Petrecolla, Y. Qiao, S. Roberts, C.A. Romero, U. Schwager, J. Tapia, J.P. Vila-Martinez

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

For the most part, competition policy literature has focused on large economies. Yet the economic paradigms on which such policies are based do not necessarily apply to small market economies. This book demonstrates that optimal competition policy is very much dependent on the size of an economy. Whether and how firms compete is a matter of the natural conditions of the markets in which firms operate. A critical feature of small economies is the concentrated nature of many of their markets, which are often protected by high entry barriers. Competition policy must be designed to deal effectively with these unique obstacles to competition. Accordingly, applying the same competition policy to all economies alike may be contrary to the policy's goals.

Michal Gal's thorough analysis shows the effects of market size on competition policy, ranging from rules of thumb to more general policy prescriptions, such as goals and remedial tools. Competition policy in small economies is becoming increasingly important, since the number of small jurisdictions adopting such policy is rapidly growing. Gal's focus extends beyond domestic competition policy to the evaluation of the current trend toward the worldwide harmonization of policies. This book will provide important guidance to academics, policy makers, and practitioners of competition policy as well as to anyone interested in the globalization of competition laws.