Competition Law And Economics Advances in Competition Policy Enforcement in the EU and North America

Author: Abel M. Mateus
Publisher: Edward Elgar Publishing
ISBN: 9781848449992
Published In: July 2010
Format: Hardback , 456 pages
Jurisdiction: Canada, European Union, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue.

There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU.

Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.

Preface

Introduction
Abel M. Mateus

PART I: OPENING SPEECHES
1. Speech by the President of the Republic at the Opening Session of the Second Lisbon Conference on Competition Law and Economics
Aníbal Cavaco Silva

2. Helping Europeans Get the Best Deal: A Sound Competition Policy for Well-functioning Markets
Neelie Kroes

3. Competition Policy and Consumer Protection in the EU
Meglena Kuneva

4. Competition Policy Enforcement in the European Union: State of Art and Major Challenges
Abel M. Mateus

PART II: JUDICIAL CONTROL OF ADMINISTRATIVE DECISIONS AND PRIVATE ENFORCEMENT
5. Costs and Benefits of Private and Public Antitrust Enforcement: An American Perspective
Douglas H. Ginsburg

6. Administrative Regulation versus Private Enforcement – the EU Perspective
John D. Cooke

7. Improving Judicial Control of Administrative Decisions in Competition Enforcement
Frédéric Jenny

8. The Effectiveness and Limitations of the Portuguese System of Competition Law Enforcement by Administrative and Civil Procedural Means
José Manuel Sérvulo Correia

PART III: MERGER CONTROL IN REGULATED MARKETS AND DYNAMIC ANALYSIS OF NETWORK MARKETS
9. Mergers in Regulated Industries: Electricity
Dennis W. Carlton

10. Modelling Competition and Regulation in Wireless Telecommunications: A Progress Report
Luís Cabral

PART IV: MODERNIZATION OF ANTI-TRUST RULES AND INSTITUTIONS
11. Competition Law and Policy Modernization: Lessons from the U.S. Common-law Experience
Thomas O. Barnett

PART V: ABUSES OF DOMINANT POSITION AND MONOPOLIZATION: CONCLUSIONS OF THE DEBATES IN THE EU AND USA
12. Abuses of Dominant Position and Monopolization: Conclusions of the Major Debates in the EU and USA
Emil Paulis

13. Abuses of Dominant Position, Intellectual Property Rights and Monopolization in EU Competition Law: Some Thoughts on a Possible Course of Action
Inge Govaere

14. Abuses of Dominant Position and Monopolization: An Economic Perspective
Patrick Rey

15. The Current Debate About Section 2 of the Sherman Act: Judicial Certainty versus Rule of Reason
Barry E. Hawk

16. The Legal Periphery of Dominant Firm Conduct
Herbert Hovenkamp

17. Monopolization and the Fading Dominant Firm
Timothy F. Bresnahan

PART VI: COMPETITION AND INDUSTRIAL POLICIES IN A GLOBALIZED WORLD
18. Do National Champions Have Anything to do with Economics?
Anne Perrot

19. Competition Policy and Competitiveness in Europe
John Fingleton

20. Ownership, Performance and National Champions
Damien Neven

21. Antitrust Policy and Industrial Policy: A View from the U.S.
Lawrence J. White

22. Recent Canadian Policy Towards Industry: Competition Policy, Industrial Policy and National Champions
Thomas W. Ross

PART VII: TOWARDS A MORE EFFICIENT APPROACH TO STATE AID
23. Economics in State Aid: Soon as Routine as Dentistry?

Edited by Abel M. Mateus, former President of the Portuguese Competition Authority, Professor of Economics, New University of Lisbon, Portugal, Visiting Professor, University College of London, UK and New York University, US and Teresa Moreira, Ministry of Economy and Innovation, Portugal, Teaching Assistant, European Institute and IDEFF-Institute of Economic, Financial and Fiscal Law, Faculty of Law, University of Lisbon, Portugal

'. . . the book provides a fascinating and perceptive discussion of the judicial control of administrative decisions and the differing approaches in common and civil law jurisdictions. . . Every chapter is written by an outstanding thinker on the most important controversial issues of competition policy at the time of the conference. . . those concerned with competition policy, academics and practitioners will greatly enjoy the book. It is lively and lucid and includes much new thinking.’
– Valentine Korah, World Competition

‘Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come.’
– Philip Marsden, British Institute of International and Comparative Law, London, UK