The Anticompetitive Impact of Regulation

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The Anticompetitive Impact of Regulation

9781840646771 Edward Elgar Publishing
Edited by Giuliano Amato, Vice-President, European Convention 2002–2003, Professor, European University Institute and former Prime Minister of Italy and Laraine L. Laudati, Senior Research Fellow, Robert Schuman Centre, European University Institute, Florence, Italy and Legal Consultant to the European Commission
Publication Date: November 2001 ISBN: 978 1 84064 677 1 Extent: 528 pp
This timely book addresses the important issue of the negative effects of anticompetitive regulation on industry and the massive economic harm it causes. The distinguished contributors, including economic and legal scholars, advocate the need for a review of all anticompetitive laws and address several industry and country case studies with the ultimate aim of providing recommendations to eliminate the impact of anticompetitive regulation.

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This timely book addresses the important issue of the negative effects of anticompetitive regulation on industry and the massive economic harm it causes. The distinguished contributors, including economic and legal scholars, advocate the need for a review of all anticompetitive laws and address several industry and country case studies with the ultimate aim of providing recommendations to eliminate the impact of anticompetitive regulation.

The first part of the book considers regulations affecting private business and professions, part two covers public utility and public services regulation, whilst part three discusses the role of institutions and competition authorities in relation to anticompetitive practices. The authors draft guidelines, based on economic evidence and legal arguments, which they believe would provide a starting point for the European Union to address the problem. They go on to propose possible implementation strategies for these guidelines from both an institutional and legal perspective. The book also includes a historical perspective on the evolution of anticompetitive regulation complemented by an overview of the actions currently being implemented to address and reverse the problem in other jurisdictions.

Although primarily designed to aid and assist policymakers, the multidisciplinary perspective adopted by the book means it will also become an essential companion for economists, lawyers and academics whose interests lie in the areas of regulation, deregulation and liberalization.


Giuliano Amato has been Prime Minister of Italy, Minister for the Treasury and Minister for Constitutional Reform. He is currently External Professor at the European University Institute in Florence, Italy, and Global Law Professor at the NYU Law School. In 1975 he became a Full Professor of Comparative Constitutional Law at the University of Rome, School of Political Science. Professor Amato has written several books and articles on economic and political institutions, personal liberties, federalism, and comparative government. His current area of research is competition law on a comparative basis.

Laraine Laudati is a legal counsel to the European Commission and Senior Research Fellow at the European University Institute in Florence, Italy. She has worked with Giuliano Amato and with Claus Dieter Ehlermann (former Director General of the European Commission’s competition department) on various research projects involving economic regulation and competition law. Dr Laudati and Professor Ehlermann co-edited the Robert Schuman Centre Annual on European Competition Law from 1996–1997. Dr Laudati practised law in Washington D.C. and has published three books, along with numerous studies and articles, concentrating on E.C. competition law.
Critical Acclaim
‘This is a remarkable book. . . This book is more than the proceedings of a conference or a set of papers prepared for a conference. It is a serious contribution to a debate which needs to be held and held soon. It would be a shame if the great work contained in this book were to go unnoticed.’
– Vincent J.G. Power, International Company and Commercial Law Review
Contributors
Contributors: G. Amato, M. Armstrong, M. Ballbe, D. Biggar, B. Bortolotti, G. Bruzzone, B. Comley, M. Dutz, M. Fantini, A. Fels, C. Fumagalli, A. Hayri, A. Heimler, J.C. Hilke, F. Jenny, M. Kohl, L.L. Laudati, K. Mehta, M. Motta, G. Nicoletti, C. Padros, D. Parker, C. Scarpa, M. Schwartz, D. Siniscalco, M.O. Wise
Contents
Contents: Introduction Part I: Regulations Affecting Structurally Competitive Industries: The Professions and Private Businesses Part II: Regulations Affecting Structurally Non-Competitive Industries: The Provision of Public Services Part III: Reform, Regulatory Institutions and the Role of Competition Authorities Part IV: Tour de Table Part V: Recommendations for the Reform of Regulation to Promote Competition Index
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