Antitrust / Competition Law

Challenges to Assumptions in Competition Law

Edited by David Bosco · Michal S. Gal
Edward Elgar Publishing April 2021

Specifications

ISBN-13
9781839109065
Publisher
Edward Elgar Publishing
Publication
April 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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.

Table of Contents

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
Oliver Budzinski and Annika Stöhr
9. Formalism, fairness and freedom of contract: abuse of dominance in the UK courts and the business ‘Achilles
heel’ of objective justification
Barry J. Rodger
10. Using trade tools to counteract anticompetitive conduct within global value chains: competition chapters in trade agreements
Galyna Kostiukevych
Index
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