Research handbook on methods and models of competition law

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書誌事項

Research handbook on methods and models of competition law

edited by Deborah Healey, Michael Jacobs, Rhonda L. Smith

（Research handbooks in competition law）

Edward Elgar, c2020

  • : cased

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Includes index

内容説明・目次

内容説明

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.

目次

Contents: PART I THE OBJECTS AND ECONOMICS OF COMPETITION LAW 1 Competition law in flux: established and emerging approaches to methodology 2 Deborah Healey and Rhonda L. Smith 2 The ambit of competition law: comments on its goals 12 Deborah Healey 3 The cost of progress: hurdles facing antitrust’s economic advance 38 Alan Devlin 4 The relevance of economics in US, EU and Australian competition law 57 Geoff Edwards and Jennifer Fish 5 The use of economics in competition law enforcement in mainland China and Hong Kong 89 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 116 Mark Williams 7 Algorithm-driven collusive conduct 138 Rob Nicholls 8 Vertical agreements under EU competition law: proposals for pushing Article 101 analysis, and the modernization process, to a logical conclusion 167 Miguel de la Mano and Alison Jones 9 Unilateral conduct analysis: focus on harm in multiple guises 204 Rhonda L. Smith and Deborah Healey 10 Mergers 228 Rhonda L. Smith 11 Competition law in Japan, Malaysia and the Philippines: an overview 254 Mel Marquis 12 Building an efficient system of protection of competition in Serbia on its path to the EU 275 Dragan Penezic and Zoran Soljaga 13 Merger review updates in Latin America 295 Fernando Furlan PART III PARTICULAR ISSUES 14 The interface between intellectual property rights and competition law: implications for public health in sub-Saharan Africa 313 Mor Bakhoum 15 Pay for delay in perspective: the impact of adversarial and inquisitorial legalism on pharmaceutical antitrust enforcement 337 Sven Gallasch 16 The Australian approach to third party infrastructure access under Part IIIA of the Competition and Consumer Act 2010 366 Alice Muhlebach PART IV ENFORCEMENT 17 The EU method of antitrust enforcement 392 Andreas Stephan 18 Cartel enforcement: critical reflections from the South African experience 415 Simon Roberts 19 Procedure and substance in China’s merger control regime 437 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 453 Xu Shiying 21 Competition advocacy: a broader perspective 472 Allan Fels and Wendy Ng 22 Export cartels in times of populist protectionism: challenges and options for young and small competition agencies 490 Pierre M. Horna and Leonila P. Papa 23 Complementarities and tensions between competition and trade law and policy 508 Hassan Qaqaya Index

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