Full Description
This new book addresses important current problems and challenges arising from a large variety of state-initiated restraints. Beyond state-owned enterprises, rules on government procurement and the control of state subsidies, the contributions also analyze forms of regulation that either distort competition or manage to introduce competition in the market.The contributions of leading competition law scholars cover state-initiated restraints of competition in many jurisdictions, including the US, the EU, Australia, and Asian and Latin American countries.
Competition and trade law scholars will find this book both relevant and insightful. Regulators and competition agencies, representatives of international organizations and competition law practitioners will also find this to be an invaluable resource of information from which they can take new inspiration.
Contributors: A. Barrionuevo, G. Bercovici, L. Bettencourt Nunes, S. Chakravarthy, T.K. Cheng, C. Curiel Leidenz, J. Drexl, P. Dutra, D. Healey, T. Jaeger, M.M. Leitão Marques, G. Oliveira, R.J.R. Peritz, S. Vezzoso, T. Zuñiga Fernández
Contents
Contents:
Preface
PART I STATE-OWNED ENTERPRISES
1. Competitive Neutrality: Addressing Government Advantage in Australian Markets
Deborah Healey
2. Petrobràs: State Monopoly and Competition Policy
Gilberto Bercovici
3. The Principle of Subsidiarity as the Essential Restriction on Peruvian State Business Activity under Pro-Competitive Conditions
Tania Zuñiga Fernández
4. The Competition Dimension of the European Regulation of Public Sector Information and the Concept of an Undertaking
Josef Drexl
PART II PRO-COMPETITIVE REGULATION
5. Deepening the Freedom of Services Through Pro-Competitive Regulation: The Case of the EU Services Directive
Maria Manuel Leitão Marques and Leonor Bettencourt Nunes
6. Abuse of Administrative Monopoly in China
Thomas K. Cheng
7. The Competition Policy Dimension of the Regulation of Water and Sanitation Services in Brazil
Gesner Oliveira
8. Pro-Competitive Regulation of Personal Data Protection in the EU
Simonetta Vezzoso
PART II ANTI-COMPETITIVE MARKET INTERVENTION AND REGULATION
9. The Suppression of the Competition Policy Agenda in the Context of an Over-Regulated Economy: The Case of Venezuela
Claudia Curiel Leidenz
10. Competition and the Imposition of Investment Targets in the Brazilian Pay-TV Market
Arthur Barrionuevo and Pedro Dutra
11. Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated Competition
Rudolph J.R. Peritz
PART IV PUBLIC PROCUREMENT AND STATE SUBSIDIES
12. Benefits of Competition Policy in Public Procurement with Special Reference to India
S. Chakravarthy
13. Distinguishing State and Private Subsidies: A Closer,Look at the State Character Test
Thomas Jaeger
INDEX