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Research Handbook on International Competition Law
This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position.
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Critical Acclaim
Contributors
Contents
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The Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy.
This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position.
Presenting an overview of the current state of cooperation and convergence as well as a comparative analysis of substance and procedure, this authoritative Handbook will prove an invaluable reference tool for competition officials, practitioners and academics with an interest in competition law.
This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position.
Presenting an overview of the current state of cooperation and convergence as well as a comparative analysis of substance and procedure, this authoritative Handbook will prove an invaluable reference tool for competition officials, practitioners and academics with an interest in competition law.
Critical Acclaim
‘. . . within this collection of essays there are some real gems. . . the volume provides a wide-ranging assessment of many issues raised by the movement towards such a globalised approach.’
– Niamh Dunne, Cambridge Law Review
‘Some 30 leading scholars, academics and practitioners have contributed 22 formidably thoughtful and readable articles to this scholarly and topical book on competition law. . . this book should be of abiding interest to competition lawyers everywhere as well as scholars, academics and competition officials and policymakers in trading nations. The subject matter is international and so is the book’s utility and appeal.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
– Niamh Dunne, Cambridge Law Review
‘Some 30 leading scholars, academics and practitioners have contributed 22 formidably thoughtful and readable articles to this scholarly and topical book on competition law. . . this book should be of abiding interest to competition lawyers everywhere as well as scholars, academics and competition officials and policymakers in trading nations. The subject matter is international and so is the book’s utility and appeal.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
Contributors
Contributors: A.F. Abbott, S. Anderman, D.I. Baker, C. Beaton-Wells, U. Bernitz, W. Blumenthal, M.A. Carrier, T.K. Cheng, C. Dube, P. Evans, A. Ezrachi, A. Fels, H.M. Hollman, A. Jones, D. Kallay, W.E. Kovacic, I. Maher, P. Marsden, K. McMahon, P.S. Mehta, U.S. Mehta, G. Monti, W. Ng, M. O’Kane, A. Papadopoulos, A.S. Robertson, H. Schmidt, D.D. Sokol, M.E. Stucke, F. Wagner-von Papp
Contents
Contents:
Preface
PART I: INTRODUCTION
1. Setting the Scene: The Scope and Limits of ‘International Competition Law’
Ariel Ezrachi
PART II: FROM UNILATERAL ENFORCEMENT TO COOPERATION NETWORKS
2. Competition Law and Extraterritoriality
Florian Wagner-von Papp
3. Competition Agency Networks Around the World
Imelda Maher and Anestis Papadopoulos
4. Building Global Antitrust Standards: The ICN’s Practicable Approach
Hugh M. Hollman, William E. Kovacic and Andrew S. Robertson
5. ‘Jaw-jaw’ not ‘Law-law’ – from Treaties to Meetings: The Increasing Informality and Effectiveness of International Cooperation
Philip Marsden
6. The Role of NGOs in Competition Law Enforcement
Pradeep S. Mehta, Udai S. Mehta and Cornelius Dube
7. Greater International Convergence and the Behavioural Antitrust Gambit
Maurice E. Stucke
PART III: ENFORCEMENT CHALLENGES WORLDWIDE
8. Paths to Competition Advocacy
Allan Fels and Wendy Ng
9. Competition Law and Developing Economies: Between ‘Informed Divergence’ and International Convergence
Kathryn McMahon
10. Private and Public Enforcement: Complements, Substitutes and Conflicts – A Global Perspective
Donald I. Baker
11. Criminal Sanctions for Cartels – the Jury is Still Out
Caron Beaton-Wells
12. Cartels, Extradition and Concurrent Criminal Prosecution
Michael O’Kane
PART IV: COMPARATIVE REVIEW OF LAWS AND PROCEDURES
13. Merger Control: Key International Norms and Differences
D. Daniel Sokol and William Blumenthal
14. Unilateral Conduct: The Search for Global Standards
Giorgio Monti
15. Market Power – the Root of All Evil? A Comparative Analysis of the Concepts of Market Power, Dominance and Monopolisation
Hedvig Schmidt
16. Drawing the Boundary between Joint and Unilateral Conduct: Parent–Subsidiary Relationships and Joint Ventures
Alison Jones
17. Resale Price Maintenance in Comparative Perspective
Ulf Bernitz
18. Innovation, IPRs and EU Competition Law: Cross Currents in the EU/US Debate
Steven Anderman
19. Recent US FTC Antitrust–IP Interface Developments
Alden F. Abbott and Dina Kallay
20. The Patent–Competition Interface in Asia: A Regional Approach?
Thomas K. Cheng
21. Competition Law and Enforcement in the Pharmaceutical Industry
Michael A. Carrier
22. The Consumer and Competition Policy: Welfare, Interest and Engagement
Phil Evans
Index
Preface
PART I: INTRODUCTION
1. Setting the Scene: The Scope and Limits of ‘International Competition Law’
Ariel Ezrachi
PART II: FROM UNILATERAL ENFORCEMENT TO COOPERATION NETWORKS
2. Competition Law and Extraterritoriality
Florian Wagner-von Papp
3. Competition Agency Networks Around the World
Imelda Maher and Anestis Papadopoulos
4. Building Global Antitrust Standards: The ICN’s Practicable Approach
Hugh M. Hollman, William E. Kovacic and Andrew S. Robertson
5. ‘Jaw-jaw’ not ‘Law-law’ – from Treaties to Meetings: The Increasing Informality and Effectiveness of International Cooperation
Philip Marsden
6. The Role of NGOs in Competition Law Enforcement
Pradeep S. Mehta, Udai S. Mehta and Cornelius Dube
7. Greater International Convergence and the Behavioural Antitrust Gambit
Maurice E. Stucke
PART III: ENFORCEMENT CHALLENGES WORLDWIDE
8. Paths to Competition Advocacy
Allan Fels and Wendy Ng
9. Competition Law and Developing Economies: Between ‘Informed Divergence’ and International Convergence
Kathryn McMahon
10. Private and Public Enforcement: Complements, Substitutes and Conflicts – A Global Perspective
Donald I. Baker
11. Criminal Sanctions for Cartels – the Jury is Still Out
Caron Beaton-Wells
12. Cartels, Extradition and Concurrent Criminal Prosecution
Michael O’Kane
PART IV: COMPARATIVE REVIEW OF LAWS AND PROCEDURES
13. Merger Control: Key International Norms and Differences
D. Daniel Sokol and William Blumenthal
14. Unilateral Conduct: The Search for Global Standards
Giorgio Monti
15. Market Power – the Root of All Evil? A Comparative Analysis of the Concepts of Market Power, Dominance and Monopolisation
Hedvig Schmidt
16. Drawing the Boundary between Joint and Unilateral Conduct: Parent–Subsidiary Relationships and Joint Ventures
Alison Jones
17. Resale Price Maintenance in Comparative Perspective
Ulf Bernitz
18. Innovation, IPRs and EU Competition Law: Cross Currents in the EU/US Debate
Steven Anderman
19. Recent US FTC Antitrust–IP Interface Developments
Alden F. Abbott and Dina Kallay
20. The Patent–Competition Interface in Asia: A Regional Approach?
Thomas K. Cheng
21. Competition Law and Enforcement in the Pharmaceutical Industry
Michael A. Carrier
22. The Consumer and Competition Policy: Welfare, Interest and Engagement
Phil Evans
Index
