Antitrust / Competition Law

Antitrust and the Bounds of Power - 25 Years On

By Oles Andriychuk
Hart Publishing January 2023

Specifications

ISBN-13
9781509962136
Publisher
Hart Publishing
Publication
January 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

This collection of essays addresses the transformations ongoing in the field of competition law by analysing current developments through the prism of Giuliano Amato's Antitrust and the Bounds of Power – thereby building an intellectual bridge between past and present.

Giuliano Amato's book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market was published by Hart in 1997. It has predicted, articulated, and explained many of the changes that have taken place in competition law in the last 25 years, and it is referred to by generations of competition lawyers as a key theoretical work.

There are many mutually invigorating reasons and explanations for the paradigmatic transformations that have occurred in competition law, economics, and policy since the 1990s. Some are triggered by the internal evolution of competition law; others are determined by the broader societal context. In this book, leading competition law thinkers reflect on these metamorphoses; they explore the state of affairs in the field, connecting it with and advancing their analyses through the ideas developed by Giuliano Amato in his ground-breaking book.

With an afterword by Giuliano Amato and a foreword by Frédéric Jenny, this book is essential reading for anyone interested in the evolution of competition law.

Table of Contents

Introduction, Oles Andriychuk (University of Strathclyde, UK)

Part I – Competition Policy: New World? New Mission?
1. Antitrust and the Rebound of Power: Re-Imagining Antitrust Cosmopolitanism, Eleanor M Fox (New York University, USA)
2. Ensuring Market and State Accountability: The Private/Public Distinction in the EU Internal Market, Miguel Poiares Maduro (European University Institute, Italy)
3. The Boundaries of Antitrust in the European Union, Giorgio Monti (University of Tilburg, the Netherlands)

Part II – Competition Law Enforcement
4. 'Consumer Welfare' and the EU Courts: An Unexpected Refuge for a Persecuted Concept?,
Assimakis Komninos (White & Case LLP, UK)
5. Antitrust and the Golden Thread: Balancing the Presumption of Innocence with the Public Interest in Competition Enforcement, Niamh Dunne (London School of Economics, UK)
6. Procompetitive Effects in EU Competition Law, Stavros Makris (London School of Economics, UK)

Part III – The Concept of Power
7. Preserving the Bounds of Power: The Narrow Path to a Future-Proof Competition Policy, Ginevra Bruzzone (LUISS School of European Political Economy, Italy)
8. Digital Antitrust and Private Powers: The (Uneasy) Case of Marketplace Platforms, Roberto Pardolesi (LUISS School of European Political Economy, Italy)
9. Revisiting the Concept of Power in the Digital Era, Anna Gerbrandy (Utrecht University, the Netherlands)

Afterword, Giuliano Amato (Constitutional Court of Italy)
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