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Challenges to Assumptions in Competition Law

Challenges to Assumptions in Competition Law

Author: David Bosco; Michal S. Gal
Publisher: Edward Elgar Publishing
ISBN: 9781839109065
Published In: April 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues.

Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US.

This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.

Introduction

PART I. NEW CHALLENGES IN THE DIGITAL SPHERE

1. Cooperation, dependence, and eviction: how platform-to-business coopetition relationships should be

addressed in mobile telephony ecosystems

Frédéric Marty and Julien Pillot

2. Technological tying: unbundling the assumptions

Stephen Dnes

3. Understanding the role of agricultural data on market power in the emerging Digital Agriculture sector: a critical analysis of the Bayer/Monsanto decision

Can Atik

PART II. NEW CHALLENGES TO EMERGING COUNTRIES

4. Merger control in China’s digital economy: challenges and prospects

Wei Han and Yajie Gao

5. The adoption of specialised competition tribunals in Latin American countries: transplants and commonalities among them

Claudia O’Kane

6. Where influence lies in the international competition network

Christopher Townley

7. Cartels’ little helpers: a comparative study of the case law regarding the facilitators of collusion in Europe, United States and South America

Andrés Calderón

PART III. NEW INSTITUTIONAL CHALLENGES

8. Public interest considerations in European merger control regimes