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Research Handbook on Methods and Models of Competition Law

Edited by: Deborah Healey, Michael Jacobs, Rhonda L. Smith

ISBN13: 9781785368646
Published: November 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £239.00



Despatched in 4 to 6 days.

This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development.

A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law. Taking a forward-thinking perspective, the Handbook also analyses the challenges to the assessment methodology of anticompetitive conduct that are posed by the growth of the digital environment and changing views on economic approaches.

This Handbook’s detailed analytical and comparative approach to economics and competition law will be valuable for academics and students of these subjects. Its focus on policy and key case studies from across the globe will also be beneficial for legal practitioners and competition regulators.

Subjects:
Competition Law
Contents:
PART I: THE OBJECTS AND ECONOMICS OF COMPETITION LAW
1. Competition law in flux: established and emerging approaches to methodology
Deborah Healey and Rhonda L. Smith
2. The ambit of competition law: comments on its goals
Deborah Healey
3. The cost of progress: hurdles facing antitrust’s economic advance
Alan Devlin
4. The relevance of economics in US, EU and Australian competition law
Geoff Edwards and Jennifer Fish
5. The use of economics in competition law enforcement in mainland China and Hong Kong
Lin Ping and Yan Yu
PART II: THE CONTENT OF THE LAW
6. Cartel prohibition and the search for deterrent penalties: the United States, the European Union, Australia and China compared
Mark Williams
7. Algorithm-driven collusive conduct
Rob Nicholls
8. Vertical agreements under EU competition law: proposals for pushing Article 101 analysis, and the modernization process, to a logical conclusion
Miguel de la Mano and Alison Jones
9. Unilateral conduct analysis: focus on harm in multiple guises
Rhonda L. Smith and Deborah Healey
10. Mergers
Rhonda L. Smith
11. Competition law in Japan, Malaysia and the Philippines: an overview
Mel Marquis
12. Building an efficient system of protection of competition in Serbia on its path to the EU
Dragan Penezic and Zoran Soljaga
13. Merger review updates in Latin America
Fernando Furlan
PART III: PARTICULAR ISSUES
14. The interface between intellectual property rights and competition law: implications for public health in sub-Saharan Africa
Mor Bakhoum
15. Pay for delay in perspective: the impact of adversarial and inquisitorial legalism on pharmaceutical antitrust enforcement
Sven Gallasch
16. The Australian approach to third party infrastructure access under Part IIIA of the Competition and Consumer Act 2010
Alice Muhlebach
PART IV: ENFORCEMENT
17. The EU method of antitrust enforcement
Andreas Stephan
18. Cartel enforcement: critical reflections from the South African experience
Simon Roberts
19. Procedure and substance in China’s merger control regime
Wang Xiaoye and Adrian Emch
PART V: COMPETITION POLICY AND OTHER ISSUES
20. An effective way to keep power in an institutional cage: legislation and regulation of administrative monopoly
Xu Shiying
21. Competition advocacy: a broader perspective
Allan Fels and Wendy Ng
22. Export cartels in times of populist protectionism: challenges and options for young and small competition agencies
Pierre M. Horna and Leonila P. Papa
23. Complementarities and tensions between competition and trade law and policy
Hassan Qaqaya
Index