Competition Law as Regulation?

Author: Josef Drexl; Fabiana Di Porto
Publisher: Edward Elgar Publishing
ISBN: 9781783472581
Published In: October 2015
Format: Hardback , 456 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Author

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To what extent should competition agencies act as market regulators? Competition Law as Regulation? provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation.

By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice.

Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunication markets, and competition law as regulation in IP-related markets.

Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.

PART I FOUNDATIONS OF THE COMPLEX RELATIONSHIP OF COMPETITION LAW AND REGULATION
1. The Regulatory Breakthrough of Competition Law: Definitions and Worries
Mariateresa Maggiolino

2. Anti-Anti Regulation: The Supplanting of Industry Regulators with Competition Agencies and how Antitrust Suffers as a Result
Adi Ayal

3. (Re-)Joining The Regulatory Fold? Problem-Solving Innovations in Competition Enforcement
Yane Svetiev

PART II NEW FORMS OF ADVOCY POWERS OF COMPETITION AGENCIES
4. New Powers - New Vulnerabilities? A Critical Analysis of Market Inquiries Performed by Competition Authorities
Tamar Indig and Michal S. Gal

5. New Frontiers for Competition Advocacy and the Potential Role of Competition Impact Assessment
Nicoletta Rangone

PART III COMPETITION LAW ENFORCEMENT IN REGULATED INDUSTRIES IN GENERAL
6. A Reassessment of the Relationship Between Competition Law and Sector-Specific Regulation
Mario Siragusa and Fausto Caronna

7. Regulatory Approach to Competition Law in the Practice of the Polish Competition Authority – A Critical Assessment
Krystyna Kowalik-Banczyk

8. Enforcement of Competition Rules in Regulated Industries: Abuse-of-dominance Practices in the New EU Member States, Candidate Countries and Potential Candidates
Alexandr Svetlicinii and Marco Botta

PART IV INFORMATION AND TELECOMMUNICATION MARKETS
9. From Competition Law to Sector-Specific Regulation in Internet Markets? A Critical Assessment of a Possible Structural Change
Rolf H. Weber

10. The Regulatory Approach in Competition Law Enforcement for Innovation-Intensive Industries: The Case of Broadband Access Regulation in Japan
Toshiaki Takigawa

11. Abuses of Information and Informational Remedies: Rethinking Exchange of Information under Competition Law
Fabiana Di Porto

PART V COMPETITION LAW AS REGULATION IN IP-RELATED MARKETS
12. Competition Law as an Instrument of IP Regulation? The Case of Strategic Patent Filings
Emanuela Arezzo

13. Competition Law as the Limit to Standard-Setting
Björn Lundqvist

Index

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany and Fabiana Di Porto, Associate Professor of Law, University of Salento, Lecce, Italy

Contributors: E. Arezzo, A. Ayal, M. Botta, F. Caronna, F. Di Porto, M.S. Gal, T. Indig, K. Kowalik-Banczyk, B. Lundqvist, M. Maggiolino, N. Rangone, M. Siragusa, Y. Svetiev, A. Svetlicinii, T. Takigawa, R.H. Weber