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The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis (eBook)

Kamala Dawar

ISBN13: 9781509908226
Published: September 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £32.39
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Also available as
Hardback
9781509908240
£90.00

This book examines the international regulation of public procurement from a competition perspective. It undertakes this research with specific reference to the crisis years 2008-2012.

The book includes a comparative analysis of the regulation of public procurement at both multilateral and regional levels, identifying both the strengths and weakness in the WTO legal framework and selected regional trade agreements (RTAs).

Ultimately, the aim of this work is to provide options for improving the consistency of these laws and the regulation of these markets. This is of immediate relevance for good economic governance, as well as for managing future systemic financial crises in the interests of citizens: as tax payers and consumers.

Subjects:
Competition Law, eBooks, Public Procurement
Contents:
1. Introduction
I. Overview
II. Promoting Competition
III. Government Procurement Law and Policy
IV. Integrating Competition and Government Procurement Laws
V. Private Anti-Competitive Behaviour
VI. Assessing the Legality of the Crisis Measures in Six Case Study Countries
VII. The Enforcement of International Trade Law in a Crisis
VIII. The Outline of the Book

Part I: The Rules Governing Bailouts and Buy-Nationals
2. The International Framework
I. Introduction
II. Competition Policy and Non-Discrimination under the GATT
III. Competition and Public Procurement under the GATT
IV. GATT Article I:1 Most Favoured Nation and Government Procurement
V. Buy-Nationals under the Agreement on Subsidies and Countervailing Measures
VI. Competition Policy under the GATS: Bailouts and Buy-Nationals
VII. The WTO Government Procurement Agreement and Competition
VIII. Conclusions
3. The Regional Rules
I. Overview
II. Selecting the RTAs for Assessment
III. The USA's RTAs
IV. Brazil's RTAs
V. India's RTAs
VI. The EU's RTAs
VII. TFEU State Aid Rules under WTO Commitments
VIII. Conclusions
4. Characterising the Rules
I. Introduction
II. Assessing the Provisions
III. The Nature of Legal Obligations
A. Bilateral and Collective Obligations
IV. The Nature of Selected WTO Obligations
V. WTO GPA Provisions
VI. WTO ASCM Provisions
VII. Characterising the Selected RTA Provisions
VIII. The TFEU and the Role of the European Commission
IX. Summary Conclusions

Part II: The Case Studies International Trade Law in a Crisis: Who Makes it and Who Breaks it?
5. Assessing the Legality of Bailouts and Buy-Nationals
I. US Fiscal Bailout Measures
II. Brazil's Bailout Measures in the Financial Sector
III. The Legality of India's Bailouts and Buy-Nationals
IV. Regulating Crisis Bailouts under the TFEU
V. Member State Bailouts in the Financial Sector
VI. The UK Financial Sector Bailouts under the TFEU
VII. The Financial Bailout Measures in Germany
VIII. The Legality of the Rescue Measures under the TFEU
IX. The Interface between EU State Aid Control and the ASCM

Part III: Enforcing International Trade Law in a Crisis
6. Challenging Bailouts and Buy National Measures
I. Overview
II. WTO Consultations and the Dispute Settlement Body
III. WTO Trade Remedies 2008–13
IV. Regional Regulatory Responses to the Crisis
7. From the Wealth to the Stealth of Nations
I. Overview
II. Increasing Compliance During Crises: The Case for Collective Enforcement
III. The Institution of the WTO
IV. Hodie tibi, cras mihi?
V. To the Health or the Stealth of Nations?

Series: Hart Studies in Competition Law

Cover of Democratic Antitrust for Digital Markets: Leveraging Competition Law for Liberal Democracy
Democratic Antitrust for Digital Markets: Leveraging Competition Law for Liberal Democracy
Viktoria H.S.E. Robertson
ISBN 9781509985920
To be published November 2026
Hart Publishing
£95.00
Cover of Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices
Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices 2nd ed
Helene Andersson
ISBN 9781509969463
Published December 2025
Hart Publishing
£49.99
Cover of Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices
Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices 2nd ed
Helene Andersson
ISBN 9781509969425
Published June 2024
Hart Publishing
£100.00
Cover of Competition Law and Economic Inequality
Competition Law and Economic Inequality
Edited by: Jan Broulik, Katalin Cseres
ISBN 9781509959273
Published June 2024
Hart Publishing
£49.99
Cover of Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices (eBook)
Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices 2nd ed (eBook)
Helene Andersson
ISBN 9781509969432
Published June 2024
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of Competition Law and Economic Inequality
Competition Law and Economic Inequality
Edited by: Jan Broulík, Katalin Cseres
ISBN 9781509959235
Published December 2022
Hart Publishing
£100.00
Cover of Competition Law and Economic Inequality (eBook)
Competition Law and Economic Inequality (eBook)
Edited by: Jan Broulík, Katalin Cseres
ISBN 9781509959242
Published December 2022
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of Experimentalist Competition Law and the Regulation of Markets
Experimentalist Competition Law and the Regulation of Markets
Yane Svetiev
ISBN 9781509945504
Published June 2022
Hart Publishing
£37.99
Cover of Conceptualising Procedural Fairness in EU Competition Law
Conceptualising Procedural Fairness in EU Competition Law
Haukur Logi Karlsson
ISBN 9781509944583
Published March 2022
Hart Publishing
£38.99
Cover of Access and Cartel Cases: Ensuring Effective Competition Law Enforcement
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement
Helene Andersson
ISBN 9781509942480
Published January 2021
Hart Publishing
£100.00
Cover of Access and Cartel Cases: Ensuring Effective Competition Law Enforcement (eBook)
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement (eBook)
Helene Andersson
ISBN 9781509942497
Published January 2021
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of The Metaphysics of Market Power: The Zero-sum Competition and Market Manipulation Approach
The Metaphysics of Market Power: The Zero-sum Competition and Market Manipulation Approach
George Raitt
ISBN 9781509945771
Published December 2020
Hart Publishing
£44.99
Cover of Experimentalist Competition Law and the Regulation of Markets
Experimentalist Competition Law and the Regulation of Markets
Yane Svetiev
ISBN 9781509910670
Published November 2020
Hart Publishing
Price on Application
Cover of Experimentalist Competition Law and the Regulation of Markets (eBook)
Experimentalist Competition Law and the Regulation of Markets (eBook)
Yane Svetiev
ISBN 9781509910663
Published November 2020
Hart Publishing
Price on Application

Due to a technical issue some ebooks are not available to order.

Cover of Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices
Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices
Helene Andersson
ISBN 9781509943630
Published October 2020
Hart Publishing
Out of print
Cover of Evidence Standards in EU Competition Enforcement: The EU Approach
Evidence Standards in EU Competition Enforcement: The EU Approach
Andriani Kalintiri
ISBN 9781509945283
Published September 2020
Hart Publishing
£37.99
Cover of Conceptualising Procedural Fairness in EU Competition Law
Conceptualising Procedural Fairness in EU Competition Law
Haukur Logi Karlsson
ISBN 9781509935413
Published September 2020
Hart Publishing
£100.00
Cover of Conceptualising Procedural Fairness in EU Competition Law (eBook)
Conceptualising Procedural Fairness in EU Competition Law (eBook)
Haukur Logi Karlsson
ISBN 9781509935420
Published September 2020
Hart Publishing
£35.09

Due to a technical issue some ebooks are not available to order.

Cover of A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision
A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision
Jarleth M. Burke
ISBN 9781509940226
Published July 2020
Hart Publishing
£41.99
Cover of Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition
Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition
Bruce Wardhaugh
ISBN 9781509926060
Published April 2020
Hart Publishing
£95.00
Cover of Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition (eBook)
Competition, Effects and Predictability: Rule of Law and the Economic Approach to Competition (eBook)
Bruce Wardhaugh
ISBN 9781509926077
Published April 2020
Hart Publishing
£85.50

Due to a technical issue some ebooks are not available to order.

Cover of Fighting Cross-Border Cartels: The Perspective of the Young and Small Competition Authorities (eBook)
Fighting Cross-Border Cartels: The Perspective of the Young and Small Competition Authorities (eBook)
Pierre Horna
ISBN 9781509933693
Published March 2020
Hart Publishing
£40.49

Due to a technical issue some ebooks are not available to order.

Cover of Fighting Cross-Border Cartels: The Perspective of the Young and Small Competition Authorities
Fighting Cross-Border Cartels: The Perspective of the Young and Small Competition Authorities
Pierre Horna
ISBN 9781509933686
Published March 2020
Hart Publishing
£110.00
Cover of The Legality of Bailouts and Buy Nationals: International Trade Law in a Crisis
The Legality of Bailouts and Buy Nationals: International Trade Law in a Crisis
Kamala Dawar
ISBN 9781509935130
Published January 2020
Hart Publishing
£35.99
Cover of The Role of Competitors in the Enforcement of State Aid Law
The Role of Competitors in the Enforcement of State Aid Law
Fernando Pastor-Merchante
ISBN 9781509931330
Published August 2019
Hart Publishing
£35.99
Cover of The Metaphysics of Market Power: The Zero-sum Competition and Market Manipulation Approach
The Metaphysics of Market Power: The Zero-sum Competition and Market Manipulation Approach
George Raitt
ISBN 9781509928071
Published May 2019
Hart Publishing
£100.00
Cover of Private Power, Online Information Flows and EU Law: Mind the Gap
Private Power, Online Information Flows and EU Law: Mind the Gap
Angela Daly
ISBN 9781509928811
Published April 2019
Hart Publishing
£29.99
Cover of The More Economic Approach to EU Antitrust Law
The More Economic Approach to EU Antitrust Law
Anne C. Witt
ISBN 9781509927951
Published April 2019
Hart Publishing
£41.99
Cover of Evidence Standards in EU Competition Enforcement: The EU Approach (eBook)
Evidence Standards in EU Competition Enforcement: The EU Approach (eBook)
Andriani Kalintiri
ISBN 9781509919673
Published February 2019
Hart Publishing
£34.19

Due to a technical issue some ebooks are not available to order.

Cover of Evidence Standards in EU Competition Enforcement: The EU Approach
Evidence Standards in EU Competition Enforcement: The EU Approach
Andriani Kalintiri
ISBN 9781509919666
Published February 2019
Hart Publishing
£90.00
Cover of A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (eBook)
A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (eBook)
Jarleth M. Burke
ISBN 9781509912742
Published March 2018
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision
A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision
Jarleth M. Burke
ISBN 9781509912759
Published March 2018
Hart Publishing
£95.00
Cover of The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis
The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis
Kamala Dawar
ISBN 9781509908240
Published September 2017
Hart Publishing
£90.00
Cover of The Role of Competitors in the Enforcement of State Aid Law (eBook)
The Role of Competitors in the Enforcement of State Aid Law (eBook)
Fernando Pastor-Merchante
ISBN 9781509906604
Published April 2017
Hart Publishing
£32.39

Due to a technical issue some ebooks are not available to order.

Cover of The Role of Competitors in the Enforcement of State Aid Law
The Role of Competitors in the Enforcement of State Aid Law
Fernando Pastor-Merchante
ISBN 9781509906598
Published April 2017
Hart Publishing
£95.00
Cover of Media Ownership and Control: Law, Economics and Policy in an Indian and International Context
Media Ownership and Control: Law, Economics and Policy in an Indian and International Context
Edited by: Suzanne Rab, Alison Sprague
ISBN 9781509913893
Published December 2016
Hart Publishing
£38.99
Cover of Private Power, Online Information Flows and EU Law: Mind the Gap
Private Power, Online Information Flows and EU Law: Mind the Gap
Angela Daly
ISBN 9781509900633
Published December 2016
Hart Publishing
£85.00
Cover of Private Power, Online Information Flows and EU Law: Mind the Gap (eBook)
Private Power, Online Information Flows and EU Law: Mind the Gap (eBook)
Angela Daly
ISBN 9781509900657
Published December 2016
Hart Publishing
£26.99

Due to a technical issue some ebooks are not available to order.

Cover of The More Economic Approach to EU Antitrust Law
The More Economic Approach to EU Antitrust Law
Anne C. Witt
ISBN 9781849466967
Published November 2016
Hart Publishing
£100.00
Cover of The Interface between Competition and the Internal Market: Market Separation under Article 102 TFEU
The Interface between Competition and the Internal Market: Market Separation under Article 102 TFEU
Vasiliki Brisimi
ISBN 9781509909278
Published August 2016
Hart Publishing
£49.99
Cover of Fairness in Antitrust: Protecting the Strong from the Weak
Fairness in Antitrust: Protecting the Strong from the Weak
Adi Ayal
ISBN 9781509907069
Published June 2016
Hart Publishing
£32.99
Cover of Sanctions in EU Competition Law: Principles and Practice
Sanctions in EU Competition Law: Principles and Practice
Michael J. Frese
ISBN 9781509907038
Published June 2016
Hart Publishing
£44.99
Cover of The Competitive Effects of Minority Shareholdings: Legal and Economic Issues (eBook)
The Competitive Effects of Minority Shareholdings: Legal and Economic Issues (eBook)
Panagiotis Fotis, Nikolaos Zevgolis
ISBN 9781509900893
Published April 2016
Hart Publishing
£126.00

Due to a technical issue some ebooks are not available to order.

Cover of The Competitive Effects of Minority Shareholdings: Legal and Economic Issues
The Competitive Effects of Minority Shareholdings: Legal and Economic Issues
Panagiotis Fotis, Nikolaos Zevgolis
ISBN 9781849465342
Published April 2016
Hart Publishing
£140.00
Cover of Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion
Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion
Edited by: Caron Beaton-Wells, Christopher Tran
ISBN 9781849466905
Published September 2015
Hart Publishing
£140.00
Cover of Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion (eBook)
Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion (eBook)
Edited by: Caron Beaton-Wells, Christopher Tran
ISBN 9781782259411
Published September 2015
Hart Publishing
£126.00

Due to a technical issue some ebooks are not available to order.

Cover of The Concept of Abuse in EU Competition Law: Law and Economic Approaches
The Concept of Abuse in EU Competition Law: Law and Economic Approaches
Pinar Akman
ISBN 9781849469722
Published June 2015
Hart Publishing
£34.99
Cover of Public Procurement and the EU Competition Rules (eBook)
Public Procurement and the EU Competition Rules 2nd ed (eBook)
Albert Sanchez Graells
ISBN 9781509900282
Published May 2015
Hart Publishing
£153.00

Due to a technical issue some ebooks are not available to order.

Cover of Public Procurement and the EU Competition Rules
Public Procurement and the EU Competition Rules 2nd ed
Albert Sanchez Graells
ISBN 9781849466127
Published May 2015
Hart Publishing
£170.00
Cover of Media Ownership and Control: Law, Economics and Policy in an Indian and International Context
Media Ownership and Control: Law, Economics and Policy in an Indian and International Context
Edited by: Suzanne Rab, Alison Sprague
ISBN 9781849466356
Published August 2014
Hart Publishing
£100.00
Cover of Media Ownership and Control: Law, Economics and Policy in an Indian and International Context (eBook)
Media Ownership and Control: Law, Economics and Policy in an Indian and International Context (eBook)
Edited by: Suzanne Rab, Alison Sprague
ISBN 9781782254584
Published August 2014
Hart Publishing
£35.09

Due to a technical issue some ebooks are not available to order.

Cover of The Interface between Competition and the Internal Market: Market Separation under Article 102 TFEU
The Interface between Competition and the Internal Market: Market Separation under Article 102 TFEU
Vasiliki Brisimi
ISBN 9781849465694
Published July 2014
Hart Publishing
£140.00
Cover of The Interface between Competition and the Internal Market: Market Separation under Article 102 TFEU (eBook)
The Interface between Competition and the Internal Market: Market Separation under Article 102 TFEU (eBook)
Vasiliki Brisimi
ISBN 9781782254492
Published July 2014
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of Fairness in Antitrust: Protecting the Strong from the Weak (eBook)
Fairness in Antitrust: Protecting the Strong from the Weak (eBook)
Adi Ayal
ISBN 9781782254027
Published April 2014
Hart Publishing
£29.69

Due to a technical issue some ebooks are not available to order.

Cover of Fairness in Antitrust: Protecting the Strong from the Weak
Fairness in Antitrust: Protecting the Strong from the Weak
Adi Ayal
ISBN 9781849465151
Published April 2014
Hart Publishing
£90.00
Cover of Sanctions in EU Competition Law: Principles and Practice
Sanctions in EU Competition Law: Principles and Practice
Michael J. Frese
ISBN 9781849465182
Published April 2014
Hart Publishing
£140.00
Cover of Sanctions in EU Competition Law: Principles and Practice (eBook)
Sanctions in EU Competition Law: Principles and Practice (eBook)
Michael J. Frese
ISBN 9781782253822
Published April 2014
Hart Publishing
£40.49

Due to a technical issue some ebooks are not available to order.

Cover of European Merger Remedies: Law and Policy
European Merger Remedies: Law and Policy
Dorte Hoeg
ISBN 9781849464116
Published December 2013
Hart Publishing
£160.00
Cover of Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook)
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook)
Qianlan Wu
ISBN 9781782252207
Published November 2013
Hart Publishing
£90.00

Due to a technical issue some ebooks are not available to order.

Cover of Competition Laws, Globalisation and Legal Pluralism: China's Experience
Competition Laws, Globalisation and Legal Pluralism: China's Experience
Qianlan Wu
ISBN 9781849464321
Published November 2013
Hart Publishing
£100.00
Cover of Joint Ventures and EU Competition Law (eBook)
Joint Ventures and EU Competition Law (eBook)
Luis Silva Morais
ISBN 9781782253471
Published November 2013
Hart Publishing
£175.50

Due to a technical issue some ebooks are not available to order.

Cover of Joint Ventures and EU Competition Law
Joint Ventures and EU Competition Law
Luis Silva Morais
ISBN 9781841137933
Published November 2013
Hart Publishing
£195.00
Cover of Cross-Border EU Competition Law Actions (eBook)
Cross-Border EU Competition Law Actions (eBook)
Edited by: Mihail Danov, Florian Becker, Paul Beaumont
ISBN 9781782251606
Published June 2013
Hart Publishing
£126.00

Due to a technical issue some ebooks are not available to order.

Cover of Cross-Border EU Competition Law Actions
Cross-Border EU Competition Law Actions
Edited by: Mihail Danov, Florian Becker, Paul Beaumont
ISBN 9781849463744
Published June 2013
Hart Publishing
£140.00
Cover of Private Enforcement of Competition Law in Ireland
Private Enforcement of Competition Law in Ireland
David McFadden
ISBN 9781849464130
Published April 2013
Hart Publishing
Out of print
Cover of Private Enforcement of Competition Law in Ireland (eBook)
Private Enforcement of Competition Law in Ireland (eBook)
David McFadden
ISBN 9781782251231
Published April 2013
Hart Publishing
£117.00

Due to a technical issue some ebooks are not available to order.

Cover of State Aid and the European Economic Constitution (eBook)
State Aid and the European Economic Constitution (eBook)
Francesco de Cecco
ISBN 9781782250517
Published December 2012
Hart Publishing
£85.50

Due to a technical issue some ebooks are not available to order.

Cover of State Aid and the European Economic Constitution
State Aid and the European Economic Constitution
Francesco de Cecco
ISBN 9781849461054
Published December 2012
Hart Publishing
£95.00
Cover of Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US
Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US
Thorsten Käseberg
ISBN 9781849463065
Published June 2012
Hart Publishing
£150.00
Cover of Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US (eBook)
Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US (eBook)
Thorsten Käseberg
ISBN 9781847319586
Published June 2012
Hart Publishing
£135.00

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Cover of Shaping Private Antitrust Enforcement in Europe
Shaping Private Antitrust Enforcement in Europe
Edited by: Mel Marquis, Giorgio Monti
ISBN 9781849468039

Hart Publishing
Publication Abandoned