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Research Handbook on Methods and Models of Competition Law

Research Handbook on Methods and Models of Competition Law

Author: Deborah Healey; Michael Jacobs; Rhonda L. Smith
Publisher: Edward Elgar Publishing
ISBN: 9781785368646
Published In: November 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development.

A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law. Taking a forward-thinking perspective, the Handbook also analyses the challenges to the assessment methodology of anticompetitive conduct that are posed by the growth of the digital environment and changing views on economic approaches.

This Handbook’s detailed analytical and comparative approach to economics and competition law will be valuable for academics and students of these subjects. Its focus on policy and key case studies from across the globe will also be beneficial for legal practitioners and competition regulators.

PART I: THE OBJECTS AND ECONOMICS OF COMPETITION LAW

1. Competition law in flux: established and emerging approaches to methodology

Deborah Healey and Rhonda L. Smith

2. The ambit of competition law: comments on its goals

Deborah Healey

3. The cost of progress: hurdles facing antitrust’s economic advance

Alan Devlin

4. The relevance of economics in US, EU and Australian competition law

Geoff Edwards and Jennifer Fish

5. The use of economics in competition law enforcement in mainland China and Hong Kong

Lin Ping and Yan Yu

PART II: THE CONTENT OF THE LAW

6. Cartel prohibition and the search for deterrent penalties: the United States, the European Union, Australia and China compared

Mark Williams

7. Algorithm-driven collusive conduct

Rob Nicholls

8. Vertical agreements under EU competition law: proposals for pushing Article 101 analysis, and the modernization process, to a logical conclusion

Miguel de la Mano and Alison Jones

9. Unilateral conduct analysis: focus on harm in multiple guises

Rhonda L. Smith and Deborah Healey

10. Mergers

Rhonda L. Smith

11. Competition law in Japan, Malaysia and the Philippines: an overview

Mel Marquis

12. Building an efficient system of protection of competition in Serbia on its path to the EU

Dragan Penezic and Zoran Soljaga

13. Merger review updates in Latin America

Fernando Furlan

PART III: PARTICULAR ISSUES

14. The interface between intellectual property rights and competition law: implications for public health in sub-Saharan Africa

Mor Bakhoum

15. Pay for delay in perspective: the impact of adversarial and inquisitorial legalism on pharmaceutical antitrust enforcement

Sven Gallasch

16. The Australian approach to third party infrastructure access under Part IIIA of the Competition and Consumer Act 2010

Alice Muhlebach

PART IV: ENFORCEMENT

17. The EU method of antitrust enforcement

Andreas Stephan

18. Cartel enforcement: critical reflections from the South African experience

Simon Roberts

19. Procedure and substance in China’s merger control regime

Wang Xiaoye and Adrian Emch

PART V: COMPETITION POLICY AND OTHER ISSUES

20. An effective way to keep power in an institutional cage: legislation and regulation of administrative monopoly

Xu Shiying

21. Competition advocacy: a broader perspective

Allan Fels and Wendy Ng

22. Export cartels in times of populist protectionism: challenges and options for young and small competition agencies

Pierre M. Horna and Leonila P. Papa

23. Complementarities and tensions between competition and trade law and policy

Hassan Qaqaya

Index

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