Full Description
This collection of essays addresses the transformations ongoing in the field of competition law by analysing current developments through the prism of Giuliano Amato's Antitrust and the Bounds of Power - thereby building an intellectual bridge between past and present.
Giuliano Amato's book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market was published by Hart in 1997. It has predicted, articulated, and explained many of the changes that have taken place in competition law in the last 25 years, and it is referred to by generations of competition lawyers as a key theoretical work.
There are many mutually invigorating reasons and explanations for the paradigmatic transformations that have occurred in competition law, economics, and policy since the 1990s. Some are triggered by the internal evolution of competition law; others are determined by the broader societal context. In this book, leading competition law thinkers reflect on these metamorphoses; they explore the state of affairs in the field, connecting it with and advancing their analyses through the ideas developed by Giuliano Amato in his ground-breaking book.
With an afterword by Giuliano Amato and a foreword by Frédéric Jenny, this book is essential reading for anyone interested in the evolution of competition law.
Contents
1. Introduction: The Dilemma of Liberal Democracy in the History of the Market: A New Look
Oles Andriychuk (Newcastle University, UK)
PART I
COMPETITION POLICY: NEW WORLD? NEW MISSION?
2. Antitrust and the Rebound of Power: Reimagining Antitrust Cosmopolitanism
Eleanor M Fox (New York University, USA)
3. Ensuring Market and State Accountability: The Private?Public Distinction in the EU Internal Market
Miguel Poiares Maduro (Católica Global School of Law, Portugal)
4. The Boundaries of Antitrust in the European Union
Giorgio Monti (Tilburg School of Law, the Netherlands)
PART II
COMPETITION LAW ENFORCEMENT
5. 'Consumer Welfare' and the EU Courts: An Unexpected Refuge for a Persecuted Concept?
Assimakis Komninos (White & Case LLP, Brussels, Belgium)
6. Antitrust and the Golden Th read: Balancing the Presumption of Innocence with the Public Interest in Competition Enforcement
Niamh Dunne (London School of Economics, UK)
7. Procompetitive Effects in EU Competition Law
Stavros Makris (University of Glasgow, UK)
PART III
THE CONCEPT OF POWER
8. Preserving the Bounds of Power: The Narrow Path to a Future-Proof Competition Policy
Ginevra Bruzzone (LUISS School of European Political Economy, Italy)
9. Digital Antitrust and Private Powers: The (Uneasy) Case of Marketplace Platforms
Roberto Pardolesi (LUISS School of European Political Economy, Italy)
10. Revisiting the Concept of Power in the Digital Era
Anna Gerbrandy (Utrecht University, the Netherlands)
11. Afterword
Giuliano Amato (President of the Constitutional Court of Italy)
