Paperback
Handbook of Research in Trans-Atlantic Antitrust
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 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.
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.
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Critical Acclaim
Contributors
Contents
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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.
• 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.
Critical Acclaim
‘The book is handsomely produced by Edward Elgar. . . The notes contain more than citations and are well worth reading. A welcome feature is that after each set of notes there is a list of the most important writings on the topic followed by a list of the most important cases. Edward Elgar is well known in economic circles, hence the endnotes to which economists are accustomed. . . It has published several books on competition for lawyers over the last years and is a welcome entrant to the lawyers’ market.’
– Valentine Korah, World Competition
‘This extremely well done and important book collects writings by more than two dozen academics and practitioners on important topics in competition law. . . This is an excellent book, important for research by anyone who is serious about global or comparative competition policy. Nearly everyone engaged in serious research in the field will find something of value here.’
– Herbert Hovenkamp, European Law Review
‘This Handbook assembles a valuable collection of insightful analyses dealing with many cutting-edge issues arising in modern antitrust enforcement on both sides of the Atlantic.’
– Philip Lowe, European Commission
‘The contributions to this Handbook provide a comprehensive, up-to-date treatment of antitrust law in the Americas and Europe. I would recommend it to anyone who wants to learn about antitrust law and its administration in the major enforcement areas of the world. This is bound to become an important reference for antitrust students and experts.’
– Keith Hylton, Boston University, US
– Valentine Korah, World Competition
‘This extremely well done and important book collects writings by more than two dozen academics and practitioners on important topics in competition law. . . This is an excellent book, important for research by anyone who is serious about global or comparative competition policy. Nearly everyone engaged in serious research in the field will find something of value here.’
– Herbert Hovenkamp, European Law Review
‘This Handbook assembles a valuable collection of insightful analyses dealing with many cutting-edge issues arising in modern antitrust enforcement on both sides of the Atlantic.’
– Philip Lowe, European Commission
‘The contributions to this Handbook provide a comprehensive, up-to-date treatment of antitrust law in the Americas and Europe. I would recommend it to anyone who wants to learn about antitrust law and its administration in the major enforcement areas of the world. This is bound to become an important reference for antitrust students and experts.’
– Keith Hylton, Boston University, US
Contributors
Contributors: A.F. Abbott, C. Ahlborn, S.D. Anderman, D. Bailey, D.I. Baker, D. Calleja, N. Campbell, A. Ezrachi, A.A. Foer, T. Fujiwara, M. Furse, K.E. Grady, C. Halladay, D.W. Hull, A. Irizarry, A. Jones, J.M. Joshua, W.E. Kovacic, D. Lawsky, P. Marsden, S. Michel, G. Niels, O. Odudu, G. Oliveira, D. Paemen, A. Papadopoulos, J. Peña, R. Pittman, J.A. Rivière y Martí, M. Sanderson, A. Scott, J.G. Sidak, H.J. Singer, A. ten Kate, M. Tineo, K. van Miert, T. Vinje, O. Wakil, J. Weinberg, G.J. Werden, T. Woodgate
Contents
Contents:
Preface
Philip Marsden
1. Unilateral Effects from Mergers: The Oracle Case
Gregory J. Werden
2. Transatlantic Issues in the European Merger Review of Oracle/PeopleSoft: Harmonious Dissonance
Thomas Vinje and Dieter Paemen
3. Merger to Monopsony in Canada, Europe and the United States: A Selected International Comparison
Margaret Sanderson
4. Tweedledum and Tweedledee? Regime Dynamics in US and EC Merger Control
Andrew Scott
5. A Transatlantic Assessment of the Evolving Use of Behavioural Merger Remedies
Neil Campbell, Casey Halladay and Omar Wakil
6. Judicial Review of Mergers in Europe: Tetra Laval, GE/Honeywell and the Convergence Toward US Standards
Jeremy Weinberg
7. Discounts, Rebates and Selective Pricing by Dominant Firms: A Trans-Atlantic Comparison
Christian Ahlborn and David Bailey
8. A Dominant Firm’s Duty to Deal: EC and US Antitrust Law Compared
Alison Jones
9. Tying: A Transatlantic Perspective
David W. Hull
10. Abuse of Dominance Enforcement under Latin American Competition Laws
Russell Pittman and Maria Tineo
11. Substantial Convergence: The US Influence on the Development of the Regulatory Framework for IP Licensing in the EC
Steven D. Anderman
12. The Right Balance of Competition Policy and Intellectual Property Law: A Federal Trade Commission Perspective
Alden F. Abbott, Suzanne Michel and Armando Irizarry
13. Compulsory Access as an Antitrust Remedy: When, Why and How is it Applied in EU and US Law?
Donald I. Baker and Tony Woodgate
14. Regulation in Brazil: Retrospect and Prospects
Gesner Oliveira and Thomas Fujiwara
15. Regulatory and Competition Issues in the Transatlantic Air Transport Sector: Towards a Transatlantic Open Aviation Area
Karel van Miert and Daniel Calleja
16. Issues Relating to the Enforcement and Application of Criminal Laws in Respect of Competition
Mark Furse
17. The Brave New World of Extradition: A North Atlantic Treaty Alliance Against Cartels?
Julian M. Joshua
18. Lessons Learned from the US Experience in Private Enforcement of Competition Laws
Kevin E. Grady
19. The Role of Non-litigation Strategies: Advocacy, Reports and Studies as Instruments of Competition Policy
William E. Kovacic
20. Information Please: Opening Antitrust to the Public: Why More European Union Court and Commission Documents and Hearings Should No Longer Be Secret
David Lawsky
21. The Goals of Antitrust: Thoughts on Consumer Welfare in the US
Albert A. Foer
22. Competition Enforcement and Consumers
Juan Antonio Rivière y Martí
23. The Distributional Consequences of Antitrust
Okeoghene Odudu
24. Merger Control and Cross-Border Transactions: A Pragmatic View on Cooperation, Convergence and What is in Between
Ariel Ezrachi
25. Bilateral Enforcement Cooperation Agreements
Anestis Papadopoulos
26. An Antitrust Analysis of the World Trade Organization’s Decision in the US–Mexico Arbitration on Telecommunications Services
J. Gregory Sidak and Hal J. Singer
27. Mexico’s Competition Law: North American Origins, European Practice
Adriaan ten Kate and Gunnar Niels
28. Competition Policies in Latin America, Post-Washington Consensus
Julián Peña
Index
Preface
Philip Marsden
1. Unilateral Effects from Mergers: The Oracle Case
Gregory J. Werden
2. Transatlantic Issues in the European Merger Review of Oracle/PeopleSoft: Harmonious Dissonance
Thomas Vinje and Dieter Paemen
3. Merger to Monopsony in Canada, Europe and the United States: A Selected International Comparison
Margaret Sanderson
4. Tweedledum and Tweedledee? Regime Dynamics in US and EC Merger Control
Andrew Scott
5. A Transatlantic Assessment of the Evolving Use of Behavioural Merger Remedies
Neil Campbell, Casey Halladay and Omar Wakil
6. Judicial Review of Mergers in Europe: Tetra Laval, GE/Honeywell and the Convergence Toward US Standards
Jeremy Weinberg
7. Discounts, Rebates and Selective Pricing by Dominant Firms: A Trans-Atlantic Comparison
Christian Ahlborn and David Bailey
8. A Dominant Firm’s Duty to Deal: EC and US Antitrust Law Compared
Alison Jones
9. Tying: A Transatlantic Perspective
David W. Hull
10. Abuse of Dominance Enforcement under Latin American Competition Laws
Russell Pittman and Maria Tineo
11. Substantial Convergence: The US Influence on the Development of the Regulatory Framework for IP Licensing in the EC
Steven D. Anderman
12. The Right Balance of Competition Policy and Intellectual Property Law: A Federal Trade Commission Perspective
Alden F. Abbott, Suzanne Michel and Armando Irizarry
13. Compulsory Access as an Antitrust Remedy: When, Why and How is it Applied in EU and US Law?
Donald I. Baker and Tony Woodgate
14. Regulation in Brazil: Retrospect and Prospects
Gesner Oliveira and Thomas Fujiwara
15. Regulatory and Competition Issues in the Transatlantic Air Transport Sector: Towards a Transatlantic Open Aviation Area
Karel van Miert and Daniel Calleja
16. Issues Relating to the Enforcement and Application of Criminal Laws in Respect of Competition
Mark Furse
17. The Brave New World of Extradition: A North Atlantic Treaty Alliance Against Cartels?
Julian M. Joshua
18. Lessons Learned from the US Experience in Private Enforcement of Competition Laws
Kevin E. Grady
19. The Role of Non-litigation Strategies: Advocacy, Reports and Studies as Instruments of Competition Policy
William E. Kovacic
20. Information Please: Opening Antitrust to the Public: Why More European Union Court and Commission Documents and Hearings Should No Longer Be Secret
David Lawsky
21. The Goals of Antitrust: Thoughts on Consumer Welfare in the US
Albert A. Foer
22. Competition Enforcement and Consumers
Juan Antonio Rivière y Martí
23. The Distributional Consequences of Antitrust
Okeoghene Odudu
24. Merger Control and Cross-Border Transactions: A Pragmatic View on Cooperation, Convergence and What is in Between
Ariel Ezrachi
25. Bilateral Enforcement Cooperation Agreements
Anestis Papadopoulos
26. An Antitrust Analysis of the World Trade Organization’s Decision in the US–Mexico Arbitration on Telecommunications Services
J. Gregory Sidak and Hal J. Singer
27. Mexico’s Competition Law: North American Origins, European Practice
Adriaan ten Kate and Gunnar Niels
28. Competition Policies in Latin America, Post-Washington Consensus
Julián Peña
Index
