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Global Competition Enforcement: New Players, New Challenges

Global Competition Enforcement: New Players, New Challenges

Author: Paulo Burnier Da Silveira; William Evan Kovacic
Publisher: Kluwer Law International
ISBN: 9789403502830
Published In: October 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
Global Competition Enforcement focuses on emerging economies and competition authorities’ experience and fosters diversity and inclusiveness that are the cornerstone of the United Nations’ mandate. In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. Digitalization opened a new era of competition law and policy. The digital economy entails new challenges to competition authorities worldwide which require greater cooperation efforts towards convergence and consistency. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries.

What’s in this book:

The following aspects of the subject and more are examined in depth:
- the interface between antitrust and anti-corruption;
- the digital economy’s challenges to competition authorities;
- convergent aims and rules among different competition authorities;
- regional organizations with competition mandates;
- competition neutrality and state-owned enterprises; and
- leniency programmes.
Although, necessarily, there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions.

How this will help you:

Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations, which will continue to be an important topic for practitioners, academics and regulators. Antitrust lawyers, corporate counsel and policymakers will benefit immeasurably from this book’s wealth of informative detail.
Editors

Contributors

Foreword

PART I
Challenges in Digital Economy

CHAPTER 1
Digitalisation and Competition Law: New Challenges
Ioannis Lianos

CHAPTER 2
Online Vertical Restraints and Abuse of Dominant Position: The Emerging Indian Perspective
Augustine Peter & Neha Singh

CHAPTER 3
E-commerce and Competition Law: Insights from the Mexican Experience
Carlos Mena Labarthe, Michel Narcia Martínez & Aleine Obregón Natera

CHAPTER 4
Digital Swords Versus Digital Shields in Cartel Enforcement: Insights from Russian Experience in Electronic Procurements
Alexey Ivanov & Ekaterina Semenova

PART II
Challenges in Traditional Economy

CHAPTER 5
Cracking 102 RPM Cases in a Single Programme: A Success Story in Mauritius
Deshmuk Kowlessur

CHAPTER 6
Exclusion and Margin Squeeze: The Nippon Telegraph and Telephone East Corporation Case (2010)
Yosuke Okada & Junko Shibata

CHAPTER 7
The ‘Car Wash Operation’ in Brazil: Challenges and Perspectives in the Fight Against Bid Rigging
Paulo Burnier da Silveira & Victor Oliveira Fernandes

CHAPTER 8
Anti-competitive Practices in the Context of Public Tenders: Recent Peruvian Experiences
Elizabeth Servan & Andrés Valdivia

CHAPTER 9
Supranational Leniency Programs: The Latin American Experience with the Tissue Paper Cartel Case
Jorge Enrique Sánchez Medina

PART III
Challenges with Competitive Neutrality and Public Interest

CHAPTER 10
Competitive Neutrality and the Role of Competition Authorities: A Glance at Experiences in Europe and Asia-Pacific
Deborah Healey

CHAPTER 11
Public Interest, Industrial Policy and Competition Law Remedies: The South African Experience
Dennis M. Davis

CHAPTER 12
Competition Law and State-Owned Enterprises: A South African Perspective
Tembinkosi Bonakele

PART IV
Challenges with Convergence, Regionalization and Future Perspectives

CHAPTER 13
Promoting Convergence in ASEAN Competition Laws and Practice
Ruben Lapa Maximiano, Rachel Burgess & Wouter Meester

CHAPTER 14
Regional Competition Arrangements: The Case of Latin American and the Caribbean
Mario A. Umaña

CHAPTER 15
China’s Merger Control Enforcement: Recent Developments and Trends
Cunzhen Huang & Yiming Sun

CHAPTER 16
Argentine Competition Law and Policy: To Be a Public Policy or Not to Be
Pablo Trevisán

PART V
Final Remarks

CHAPTER 17
Global Competition Enforcement: What’s Ahead?
William Evan Kovacic & Paulo Burnier da Silveira