Competition law and economics : advances in competition policy enforcement in the EU and North America

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書誌事項

Competition law and economics : advances in competition policy enforcement in the EU and North America

edited by Abel M. Mateus, Teresa Moreira

Edward Elgar, c2010

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Proceedings of the Second Lisbon Competition Law and Economics Conference, that took place at Centro Cultural de Belém, 15-16 Nov. 2007

Includes bibliographical references and index

内容説明・目次

内容説明

Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue.There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU.Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.

目次

Contents: Preface Introduction Abel M. Mateus PART I: OPENING SPEECHES 1. Speech by the President of the Republic at the Opening Session of the Second Lisbon Conference on Competition Law and Economics Anibal Cavaco Silva 2. Helping Europeans Get the Best Deal: A Sound Competition Policy for Well-functioning Markets Neelie Kroes 3. Competition Policy and Consumer Protection in the EU Meglena Kuneva 4. Competition Policy Enforcement in the European Union: State of Art and Major Challenges Abel M. Mateus PART II: JUDICIAL CONTROL OF ADMINISTRATIVE DECISIONS AND PRIVATE ENFORCEMENT 5. Costs and Benefits of Private and Public Antitrust Enforcement: An American Perspective Douglas H. Ginsburg 6. Administrative Regulation versus Private Enforcement - the EU Perspective John D. Cooke 7. Improving Judicial Control of Administrative Decisions in Competition Enforcement Frederic Jenny 8. The Effectiveness and Limitations of the Portuguese System of Competition Law Enforcement by Administrative and Civil Procedural Means Jose Manuel Servulo Correia PART III: MERGER CONTROL IN REGULATED MARKETS AND DYNAMIC ANALYSIS OF NETWORK MARKETS 9. Mergers in Regulated Industries: Electricity Dennis W. Carlton 10. Modelling Competition and Regulation in Wireless Telecommunications: A Progress Report Luis Cabral PART IV: MODERNIZATION OF ANTI-TRUST RULES AND INSTITUTIONS 11. Competition Law and Policy Modernization: Lessons from the U.S. Common-law Experience Thomas O. Barnett PART V: ABUSES OF DOMINANT POSITION AND MONOPOLIZATION: CONCLUSIONS OF THE DEBATES IN THE EU AND USA 12. Abuses of Dominant Position and Monopolization: Conclusions of the Major Debates in the EU and USA Emil Paulis 13. Abuses of Dominant Position, Intellectual Property Rights and Monopolization in EU Competition Law: Some Thoughts on a Possible Course of Action Inge Govaere 14. Abuses of Dominant Position and Monopolization: An Economic Perspective Patrick Rey 15. The Current Debate About Section 2 of the Sherman Act: Judicial Certainty versus Rule of Reason Barry E. Hawk 16. The Legal Periphery of Dominant Firm Conduct Herbert Hovenkamp 17. Monopolization and the Fading Dominant Firm Timothy F. Bresnahan PART VI: COMPETITION AND INDUSTRIAL POLICIES IN A GLOBALIZED WORLD 18. Do National Champions Have Anything to do with Economics? Anne Perrot 19. Competition Policy and Competitiveness in Europe John Fingleton 20. Ownership, Performance and National Champions Damien Neven 21. Antitrust Policy and Industrial Policy: A View from the U.S. Lawrence J. White 22. Recent Canadian Policy Towards Industry: Competition Policy, Industrial Policy and National Champions Thomas W. Ross PART VII: TOWARDS A MORE EFFICIENT APPROACH TO STATE AID 23. Economics in State Aid: Soon as Routine as Dentistry? Lowri Evans and Harold Nyssens 24. The New Approach to State Aid: Contributions and Limits from Case Law of the European Courts Massimo Merola and Marie Debieuvre Index

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