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International Investment Law and Competition Law

Edited by: Katia Fach Gomez, Anastasios Gourgourinis, Catharine Titi

ISBN13: 9783030339159
Published: May 2020
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £119.99
Paperback edition , ISBN13 9783030339180

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This EYIEL (European Yearbook of International Economic Law) special issue examines the interaction between international investment law and competition law. Although these two disciplines coexist regularly in international practice, scholarly analysis largely treats them as parallel universes, and as a result their actual and potential overlap has yet to be sufficiently explored.

In order to redress this issue, International Investment Law and Competition Law discusses a variety of topics, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors' anti-competitive behaviour and illegal investments in investment treaty arbitration; state aid schemes and foreign investors' legitimate expectations; EU member State compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.

Competition Law, Law and Economics
Friedl Weiss: Quest for a Sustainable International Investment Regime: Leveling Up Through Competition (Policy) Rules?
Marc Bungenberg and Fabian Blandfort: International Investment Law and Public Procurement - An Overview
Lukas Vanhonnaeker: The Impacts of Local Equity Requirements on Competition
Phil Baumann: When State Enterprises Have Deeper Pockets: Ensuring Competitive Neutrality in Cross-Border M&A
Gustavo Prieto: The Review of National Competition Authorities' Acts in Investment Arbitration: Setting Limits to 'Economic Lawfare' in the 21st Century
Belen Olmos Giupponi: Are Market Competition and Investment Protection Incompatible in the EU Energy Sector?
Karsten Nowrot and Emily Sipiorski: Stipulating Investors' Obligations in Investment Agreements as a Suitable Regulatory Approach to Prevent and Remedy Anti-Competitive Behaviour?
Elena Belova: Anti-Competitive Investor Behaviour and Illegal Investments in Investment Treaty Arbitration
Paschalis Paschalidis: The Impact of EU State Aid Law on International Investment Law and Arbitration
Millan Requena Casanova: The Complex Relationship between Competition Law and Investment Arbitration after Achmea: The Novenergia v. Spain Case
Sebastien Manciaux: Using GATS Article II to Resort to Investment Arbitration
Krystle M. Baptista and Bianca M. McDonnell: The Use of Evidence Obtained through a State's Special Antitrust Powers in Investment Arbitration
Thomas Cottier: Competition and Investment: The Case for 21st Century WTO Law