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International Investment Law and Competition Law

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

ISBN13: 9783030339180
Published: May 2021
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Paperback (Hardback in 2020)
Price: £89.99
Hardback edition , ISBN13 9783030339159



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This European Yearbook of International Economic Law special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored.

In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors' anti-competitive behaviour and illegal investments; state aid schemes and foreign investors' legitimate expectations; EU member States' 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.

Subjects:
Competition Law, International Investment Law
Contents:
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
Millán Requena Casanova: The Complex Relationship between Competition Law and Investment Arbitration after Achmea: The Novenergía v. Spain Case
Sébastien 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.