Details
In recent years, an impressive proliferation of competition laws has been seen around the world. Whilst this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of the most topical issues by asking whether the competition world is turning more towards convergence or diversity. These issues include, among others, the changing role of economics in times of economic crises and political change, the introduction of criminal sanctions, resale-price maintenance, unilateral conduct and the application of competition law to intellectual property and state-owned enterprises.
More Common Ground for International Competition Law? will appeal to academics, PhD students, and postgraduate students of law and economics, members of competition agencies, legal practice and international business.
Preface
PART I: ECONOMIC FOUNDATIONS OF COMPETITION LAW
1. Are People Self-interested? The Implications of Behavioral Economics on Competition Policy
Maurice E. Stucke
2. Consumer Choice as the Best Way to Recenter the Mission of Competition Law
Robert H. Lande
3. Protecting Consumer Choice: Competition and Consumer Protection Law Together
Neil W. Averitt
4. Is Competition Law Part of Consumer Law?
Paul L. Nihoul
PART II: INDIVIDUAL JURISDICTIONS AND INTERNATIONAL PERSPECTIVES
5. Resale Price Maintenance: A Reassessment of its Competitive Harms and Benefits
Marina Lao
6. The Leegin Case: A US Antitrust Chief Event versus a Storm in a European Teacup?
Josef Bejcek
7. Competition Law Issues Concerning Related Markets and their Treatment under EU Competition Law
Thomas Eilmansberger
8. A Comparative Look at the Competition Law Control of State-owned Enterprises and Government in China
Deborah Healey
9. Australia’s Criminalization of Cartels: Will it be Contagious?
Caron Beaton-Wells
PART III: INTELLECTUAL PROPERTY AND COMPETITION LAW
10. Patent Ambush Strategies and Article 102 TFEU
Andreas Fuchs
11. Three Statutory Regimes at Impasse: Reverse Payments in Pay-for-Delay Settlement Agreements between Brand-name and Generic Drug Companies
Rudolph J.R. Peritz
12. Patent Ambush and Reverse Payments: Comments
Gustavo Ghidini
13. Intellectual Property in Competition: How to Promote Dynamic Competition as a Goal
Josef Drexl
14. Industrial Standards and Technology Pools: A Regulatory Challenge for EU Competition Law
Steven Anderman
PART IV: PROMOTING COMPETITION POLICY NATIONALLY AND ACROSS BORDERS
15. International Antitrust Solutions: Discrete Steps or Causally Linked?
Michal S. Gal
16. Penumbras of European Union Competition Law: External Governance, Extraterritoriality, and the Shifting Borderlands of the Internal Market
Clifford A. Jones
17. The Role of Non-governmental Organizations in the Development of Competition Law
Albert A. Foer
Index
Edited by Josef Drexl, Director, Max Planck Institute for Intellectual Property and Competition Law, Munich, Germany, Warren S. Grimes, Southwestern Law School, US, Clifford A. Jones, University of Florida, US, Rudolph J.R. Peritz, New York Law School, US and Edward T. Swaine, George Washington University Law School, US
‘It is of great value to academics, and also to lawyers and economists.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
‘This volume contains many excellent chapters on some of the most cutting edge topics in competition law today. Among the contributions are assessments of new approaches to competition law analysis, analyses of central and controversial topics in the relationship between competition law and intellectual property, and explorations of new transnational developments in China and elsewhere. The chapters range from studies of specific cases to broad interpretations of major trends. I found many of them to be highly insightful and very useful.’
– David J. Gerber, Chicago-Kent College of Law, US
‘This fresh collection of essays by scholars from around the world lives up to its title: it stakes out more common ground for the competition law systems of nations. The chapters result from the fourth annual conference of the Academic Society for Competition Law (ASCOLA). The essays cover major issues that reverberate around the world today, including: How should we think about the economic foundations of competition law in view of new research on behavioral economics and consumer choice? What is the future of the treatment of resale price maintenance? What is the proper fit of intellectual property with competition law? And how do we promote competition law and policy across borders? The collection offers insight from law, economics, political science, business strategy, and history.’
– Eleanor Fox, New York University, US
