Full Description
In recent years, an impressive proliferation of competition laws has been seen around the world. While this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of 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 law and economics, members of competition agencies, legal practice and international business.
Contributors: S. Anderman, N.W Averitt, C. Beaton-Wells, J. Bejcek, J. Drexl, T. Eilmansberger, A.A. Foer, A. Fuchs, M.S. Gal, G. Ghidini, D. Healey, C.A. Jones, R.H. Lande, M. Lao, P.L Nihoul, R.J.R. Peritz, M.E. Stucke
Contents
Contents:
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 Bejček
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