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Ioannis Lianos - One of the best experts on this subject based on the ideXlab platform.
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Handbook on European Competition Law - Handbook on European Competition Law
2020Co-Authors: Ioannis Lianos, Damien GeradinAbstract:Econometric evidence in EU Competition Law : a theoretical and empirical analysis / Ioannis Lianos and Christos Genakos -- The public enforcement of articles 101 and 102 TFEU under council regulation no 1/2003 : due process considerations / Arianna Andreangeli -- Public enforcement : the ECN -- network antitrust enforcement in the European Union / Damien Gerard -- Private enforcement in the EU with emphasis on damages actions / Assimakis Komninos -- Procedural aspects of merger control / Nicholas Levy -- The EU Competition fining system / Damien Geradin, Christos Malamataris and John Wileur -- Competition Law remedies in Europe / Ioannis Lianos -- EU Competition Law and private international Law : a developing relationship / Barry Rodger -- Judicial review in EU Competition Law / Heike Schweitzer -- Relationship between EU Competition Law and national Competition Laws / Katalin Cseres -- Legal uncertainty, penalties, and the limits to effects : based standards / Yannis Katsoulacos and David Ulph.
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Competition Law remedies in Europe
2020Co-Authors: Ioannis LianosAbstract:Handbook on European Competition Law: Enforcement and Procedure sets out in detail the procedural aspects of EU Competition Law, ranging from fines, remedies and judicial review. It also gives unique insight into both private and public enforcement of completion Law, and offers commentary on the relationship between EU Competition Law and national Competition Law, and on the relationship between Competition Law and private international Law.
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Polycentric Competition Law
Current Legal Problems, 2018Co-Authors: Ioannis LianosAbstract:In a world marked by financial instability, limited growth, rising inequality, deteriorating environment, growing corporate consolidation, and political turmoil, calls are made to shift the dominant Competition Law paradigm towards new directions. These may bring Competition Law beyond its usual comfort zone of assessing business, or government, practices from the point of view of their effect on prices, output and, more broadly, on consumer welfare. Competition Law is seen as a tool to be used in various circumstances in order to ‘correct’ market as well as non-market (e.g. government) failures, that result from restrictions of Competition, to the extent that these affect social welfare. These failures may relate to the protection of personal data and privacy, the protection of the environment, the promotion of social mobility, the harnessing of disruptive innovation, or the mitigation of technology risks. Some go even further and argue that Competition Law may well be employed in order to preserve a number of other ‘values’ of social justice, thought to be intrinsic in democratic capitalism and the liberal order, and to which Competition Law should be sensitive. By putting forward the model of ‘polycentric Competition Law’ and by explaining how this compares with the mainstream ‘monocentric’ vision that has prevailed so far, the study aims to unveil and portray the rites of passage in this transition, and to explore the liminal condition of modern Competition Law.
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The Poverty of Competition Law
2018Co-Authors: Ioannis LianosAbstract:For a long time considered a fringe topic, of interest for developing and emergent economies, the question of inequality and poverty has recently taken centre-stage in mainstream Competition Law scholarship in developed countries. Some of this literature deplores the current state of Competition Law, which has largely ignored this issue, and argues for a different paradigm that would actively engage with economic inequality and its causes. While thought-provoking and suggesting a variety of reforms, these studies have not so far offered a coherent theoretical argument and framework explaining why equality, and its various facets, should become a concern for Competition Law, and how this will interact with the existing economic efficiency- and/or consumer surplus-oriented paradigm of Competition Law. If one is to take equity concerns seriously, it becomes essential to provide a solid theoretical framework that would engage with the arguments put forward by those defending the status quo. These are essentially three: (i) the need for Competition Law to develop concepts and measurement tools that justify, from a welfare perspective, the recourse to state intervention in markets, welfare being narrowly defined, for methodological and ideological reasons, (ii) the availability of other, presumably more effective, institutions than Competition Law to deal with inequality and (iii) the existence of a trade-off between equality and efficiency, meaning that focusing on equality may harm economic efficiency. The study engages with these three arguments. Taking a social contract perspective, and noting the hybrid nature of Competition Law, which is a tool of economic order, but also a form of social regulation, it explores the main difficulty in enriching Competition Law with equity concerns: the economic foundations of mainstream Competition Law in welfare economics, and the crucial separation of the economic efficiency dimension from that of distributive justice. It then examines alternative traditions in economic thought, which are more compatible with an egalitarian perspective. The study then turns to the institutional question, exploring the various instruments that governments dispose in order to equalise, and the respective role of more conventional tools against inequality, such as taxation, concluding that the institutional argument against equity concerns in Competition Law does not stand serious scrutiny. The study also critically engages with the argument that there is a trade-off between equality and efficiency, and again concludes that this argument does not stand serious scrutiny. The final part revisits the thorny question of what is to be equalised. Drawing on the idea of “complex equality”, it presents the contours of a fairness-driven Competition Law.
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Competition Law Remedies in Europe
2018Co-Authors: Ioannis LianosAbstract:This volume presents a comprehensive legal and economic analysis of Competition Law remedies in Europe. First, it examines the philosophy and overall objectives of Competition Law remedies and their interaction with the substantive and institutional aspects of Competition Law enforcement. It analyses the impact of specific types of remedies on the emergence of an optimal enforcement system by looking to legal and economic literature, case Law and empirical research. Second, it identifies the Competition Law remedies which have been put into effect in the context of antitrust Law enforcement and merger control in Europe. In the field of antitrust, different issues may arise in devising adequate remedies for cartel infringements, antitrust Law infringements involving unilateral abuses of market power, and infringements involving access to proprietary information or resources. In all these cases different types of remedies may be imposed, such as contractual remedies, damages and behavioural or structural remedies. In the context of merger control the prospective nature of the analysis requires the consideration of a number of factors, such as the costs of remedial action, the probability of compliance, the short- or long-term impact of the remedy, the risk of strategic conduct of the merging parties, and the choice of appropriate monitoring and compliance mechanisms on an on-going basis for the future. The third part of this study examines the procedural implications of injunctions, interim measures, private action-led injunctions, measures-declaratory actions and procedural/administrative issues in public enforcement. The fourth part concludes by examining creative remedies and reforms that should be made to the current regime of Competition Law remedies in Europe. It also explores the interaction between Competition Law remedies adopted by different jurisdictions in a world of multi-jurisdictional Competition Law enforcement from procedural and public policy perspectives.
Josef Drexl - One of the best experts on this subject based on the ideXlab platform.
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Competition Law as Regulation - Competition Law as Regulation
2020Co-Authors: Josef Drexl, Fabiana Di PortoAbstract:To what extent should Competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from Competition scholars on new trends at the interface of Competition Law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of Competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of Competition Law and regulation, new forms of advocacy powers of Competition agencies, Competition Law enforcement in regulated industries in general, information and telecommunications markets, and Competition Law as regulation in IP-related markets.
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Economic Theory and Competition Law - Economic Theory and Competition Law
2020Co-Authors: Josef Drexl, Laurence Idot, Joel MonégerAbstract:Contents: PrefacePART I: THE GOALS OF Competition Law - A COMPARATIVE PERSPECTIVE1. Economic Analysis in EU Competition Cases Hans W. Friederiszick2. Competition Law and the Institutional Embeddedness of EconomicsDavid J. Gerber3. The Goals of Japanese Competition LawShuya Hayashi4. Efficiency of Competition Law in Economies of TransitionLuboA' Tichu 5. The Treatment of Efficiencies in South African Merger ConsiderationGeoff ParrPART II: THE STATUS OF EFFICIENCY ANALYSIS IN Competition Law6. Should Competition Law Promote Efficiency? Some Reflections of an Economist on the Normative Foundations of Competition LawWolfgang Kerber7. Competition Law Should Promote Economic and Social Welfare by Ensuring the Freedom to Compete - A Lawyer's View Roger Zach 8. Appropriation of the Legal System by Economic Concepts: Should Conflicting Goals be Considered?Anne Perrot9. Competition Law and Public Policy: Reconsidering an Uneasy Relationship - The Example of Article 81Heike Schweitzer PART III: ECONOMIC Competition Law IN PRACTICE10. Restrictive Governments and Unilateral Restraints: Merging Regimes on Market Power and ExclusionThomas Eilmansberger11. Convergence of Competition Law Prohibitions: Foundational IssuesMichal S. Gal12. Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism?Thomas L. Greaney13. Efficiency in Merger Law: Appropriateness of Efficiency Analysis in Ex-ante Assessment?Daniel Zimmer14. Efficient and/or Effective EnforcementMarie-Anne Frison-Roche15. A Brief Overview of Some Conflicts between Economic Efficiency and Effectiveness of the Administrative or Judicial Process in Competition LawAntoine Louvaris16. Conflicts between Economic Efficiency and Effective Judicial ProcessMuriel ChagnyPART IV: GUEST SPEECH17. Efficiency in the Enforcement Policy of the French Conseil de la ConcurrenceBruno LasserreReferencesIndex
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More Common Ground for International Competition Law? - More Common Ground For International Competition Law
2020Co-Authors: Josef Drexl, Warren S. Grimes, Clifford A. Jones, Rudolph J.r. Peritz, Edward T. SwaineAbstract: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 Bejcek 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
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European Perspectives of Competition Law in the OHADA Region
2020Co-Authors: Josef DrexlAbstract:OHADA, the Organization for the Harmonization of Business Law in Africa, has a long tradition of drafting uniform business Laws for the Francophone countries of West and Central Africa. However, OHADA has not so far addressed the topic of Competition Law, although several regional economic integration systems in Africa already have supranational Competition Law in place, such as the Competition Law of the West African Monetary and Economic Union (WAEMU), or are about to draft and implement such Laws. This paper discusses what role OHADA could play in the future in the field of Competition Law. It thereby adopts a European perspective by relying on the experience of the European Union regarding the harmonization of the domestic Competition Law of its member states. As a basis for the analysis, the paper first describes the advantages of having Competition Law for African states in general. It identifies a dual economic and political function of Competition Law. First, Competition Law would help to increase the efficiency of the African domestic economies and protect these economies against restraints on Competition initiated in particular by multinational firms. Second, Competition policy should be part of a policy package of good governance that addresses problems of corruption and bid rigging in particular. The need for Competition Law and the advantages deriving from it as well as the institutional challenges it presents are illustrated by a discussion of the case of Tanzanian beer, which was dealt with by the Tanzanian Fair Trade Commission but which would have been a prime candidate for the new regional Competition Law of the East African Community. In a substantive analysis, the paper first explains that the EU and OHADA apply different concepts of harmonization. While the EU uses the term with regard to the harmonization of domestic Laws, OHADA adopts uniform Laws directly applicable in its member states. It may be surprising the EU has never forced its member states to harmonize their national Competition Laws. Yet, within the framework of Regulation 1/2003, EU Law has set up a decentralized procedural system that integrates the national authorities and courts for the purpose of enforcing EU Competition Law. It is this procedural approach that has most recently accelerated a process of autonomous harmonization of domestic Competition Laws with the EU standards. The paper explains the reasons for this kind of “soft” harmonization against the background of the decisions of the German legislature in reaction to the adoption of Regulation 1/2003. The paper then discusses various options for OHADA to deal with Competition Law in the future. It rejects the classical approach, which consists of drafting a uniform Competition Law applicable in all OHADA member states, the adoption of a supranational OHADA Competition Law, which would also include the creation of an OHADA Competition authority, and the harmonization of the domestic Competition Laws of member states. Rather, it proposes an approach consisting of “soft” harmonization. This approach would consist of the development of non-binding recommendations on Competition policy issues, which could be followed by a Competition authority–domestic or regional–that would take into account the specific socioeconomic situation of the region as well as the need for sustainable development and for integrating Sub-Saharan countries into the world economy. Finally, the paper criticizes the current EU policy of exporting Competition Law as part of its negotiations of Economic Partnership Agreements with developing countries in particular. Instead of promoting regional Competition Law, which might easily involve regional reorganization, the paper recommends that the EU support the creation of an African Competition Policy Center that would work on policy guidelines with a view to developing an African Competition policy. However, whether the financing of such a Center should come from the EU and whether this Center should be established as part of the OHADA institutional framework are secondary questions.
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Competition Law as regulation
8th ASCOLA Conference, 2015Co-Authors: Josef Drexl, Fabiana Di PortoAbstract:To what extent should Competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from Competition scholars on new trends at the interface of Competition Law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of Competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of Competition Law and regulation, new forms of advocacy powers of Competition agencies, Competition Law enforcement in regulated industries in general, information and telecommunications markets, and Competition Law as regulation in IP-related markets.
David J. Gerber - One of the best experts on this subject based on the ideXlab platform.
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Comparative Competition Law
The Oxford Handbook of Comparative Law, 2019Co-Authors: David J. GerberAbstract:This article examines comparative Competition Law. It looks first at the current state of the literature. It envisions a path for comparative antitrust Law scholarship that may allow it to realize more fully its potential value and respond more effectively to the challenges of economic globalization. Three main themes run through this article. One is that US Law dominates the world of comparative Competition Law scholarship. A second is that the centrality of US Law and experience divides the writing in the area and often distorts it. The third thread that runs through this article identifies the potential impact of economic globalization on the agenda of comparative Competition Law and the opportunities it creates for writers in the area to contribute to creating a sounder policy framework for transnational markets.
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Chinese Competition Law in the World
SSRN Electronic Journal, 2017Co-Authors: David J. GerberAbstract:Chinese Competition Law has been intensely interwoven with the outside world since its inception. It was created in 2008 in the glare of globalizing markets and spurred by the opportunities Chinese decision makers believed those markets provided. They based the statute on foreign models, and in implementing it they have selectively used foreign advice and experience. Economic and political decision makers in much of the world have, in turn, paid close attention to Chinese Competition Law developments, and many have tried to influence decisions there. This Essay seeks to bring into sharper focus the role and place of Chinese Competition Law in the world. It explores elements of the relationship between Competition Law in China and the economic, legal and political worlds outside China. It is, in short, about “China in the world”. I have three central objectives: To identify key elements of that relationship, to uncover factors that impede and distort perceptions of Chinese Competition Law and of its relationship to the global context, and to at least glimpse some of the potential implications of both.
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Asia and Global Competition Law Convergence
Asian Capitalism and the Regulation of Competition, 2013Co-Authors: David J. GerberAbstract:Two topics have featured in discussions of transnational Competition Law over the last few years — the evolution of Competition Law in Asia and the global convergence of Competition Laws. The role of Asia, especially China, in global Competition Law development has attracted attention primarily because of the dramatically increased economic importance of the region and because of the resulting political and economic leverage that this economic importance has generated for the enforcement of the region’s Competition Laws. Convergence is a central topic because it represents what is widely considered to be the only currently viable strategy for global Competition Law development. Curiously, however, the relationship between these two topics is seldom a focus of examination. This chapter sketches elements of that relationship.My objective here is to identify some of the factors in the dynamics of Asian Competition Law systems that may influence Asia’s role in convergence as a global strategy and thereby impact both the success of such a strategy and its shape. We focus here on decisions and on decisional influences — that is, factors that can be expected to influence decisions by relevant decision-makers.
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Competition Law and the WTO: Rethinking the Relationship
Journal of International Economic Law, 2007Co-Authors: David J. GerberAbstract:This essay identifies obstacles to the inclusion of a Competition Law regime in the WTO and suggests changes that are likely to be necessary if Competition Law is to become an effective part of the WTO. Two obstacles have impeded inclusion of Competition Law in the WTO's legal regime and are likely to continue to do so. They are (i) a lack of confidence that the norms, practices and procedures of the WTO rest on a robust conception of community and (ii) uncertainty and concern about what form of Competition Law might be included and what its role in the WTO would be. In order to reduce the first of these obstacles, the institutions and members of the WTO will need to develop a conception of community that engenders widespread confidence in the WTO's basic modes of operation. Eliminating the second obstacle would require clarification of the kind of Competition Law that would be acceptable within the WTO, and this, in turn, is likely to require development of a form of Competition Law that is specifically designed for the WTO and that can elicit the long-term support of all categories of members. The essay suggests that the Competition Law issue is intricately interwoven with the future of the WTO. The changes that would be necessary to introduce and successfully implement Competition Law in the WTO are to a large extent the same as those that the institution will need to make if it is to enrich its role as an institution.
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Private Enforcement of Competition Law: A Comparative Perspective
The Enforcement of Competition Law in Europe, 2007Co-Authors: David J. GerberAbstract:Private enforcement has long been a central part of US antitrust Law experience, while it has played minor roles or none at all in European Competition Law systems. This contrast is fundamental to understanding differences between European and US Competition Law and to assessing the potential consequences of increasing the role of private enforcement of Competition Law in Europe. It is also central to decisions about Competition Law development in much of the world, because in this respect most Competition Law systems in the world resemble European Competition Laws rather than US antitrust Law.In this essay, I examine the private enforcement of Competition Law in the US and Europe against the backdrop of efforts in Europe to rely more heavily on private enforcement in the enforcement of its Competition Law. As part of its so-called ‘modernization’ efforts, which went into effect on May 1, 2004, the European Commission seeks to reduce reliance on administrative authorities and to encourage those harmed by restraints on Competition to bring private Law suits in national courts. There is, however, widespread uncertainty about the prospects for successfully incorporating private litigation into European Competition Law systems. There is also uncertainty about which, if any, measures should be taken to enhance acceptance of private enforcement.This article provides a comparative perspective on these issues that can provide a more solid basis for making informed decisions in the area.
Maher M. Dabbah - One of the best experts on this subject based on the ideXlab platform.
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International and Comparative Competition Law
2010Co-Authors: Maher M. DabbahAbstract:1. Geographical expansion and increase in significance of Competition Law 2. The internationalisation of Competition Law: concepts, ideas, options and players 3. The involvement of international bodies and organisations in the field of Competition Law and policy 4. EU Competition Law regime 5. US Competition Law regime 6. Competition Law and policy in developing countries 7. Regional Competition Law and policy 8. The unilateral option: extraterritorial assertion of jurisdiction 9. The bilateral option: cooperation between Competition authorities 10. The multilateral option: cooperation through binding and non-binding commitments 11. Competition and trade policy.
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International and Comparative Competition Law: EU Competition Law regime
International and Comparative Competition Law, 2010Co-Authors: Maher M. DabbahAbstract:Introduction The US Competition Law regime is one of the oldest and most influential regimes in the world. Many people consider that the first legislation in the field of Competition Law enacted in ‘modern times’ was the US Sherman Act, the first federal Competition Law adopted in 1890. Naturally, therefore, the US Competition Law regime has a rich history and actors within the regime – whether US Competition authorities, the judiciary, academics and practitioners – have phenomenal experience in the field of Competition Law. The contribution made by all of these actors over the past 100 or so years has been hugely important in advancing Competition Law to its current position of global significance. The admirably vast output by American scholars in particular must be acknowledged. Many global developments in the field have US roots: whether in relation to economic analysis and the use of economics in the field more generally or the design and use of important tools, such as the leniency programme in the area of anti-cartel regulation to mention but a few. Little wonder however that the American approach and thinking in the field of Competition Law and policy has been and continues to be extremely influential. A brief historical perspective In order to be able to understand the US Competition Law regime, in particular how it has developed over the years and what function it performs in the present time, it is crucial to become familiar with its roots, which as noted above extend to the nineteenth century.
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International and Comparative Competition Law: Regional Competition Law and policy
International and Comparative Competition Law, 2010Co-Authors: Maher M. DabbahAbstract:This chapter offers a ‘global’ overview of Competition Law and policy as they have come to be developed at regional levels (beyond Europe) around the world. The chapter considers Competition Law initiatives within different regional communities as well as the inclusion of Competition Law as an element within regional free trade agreements. The aim here is not to offer an isolated treatment of every single effort at regional level but rather to consider the ‘idea’ of regional cooperation in an international context. In recent years, considerable efforts have been made in relation to developing Competition Law and policy regionally. A review of these efforts will be given in the chapter with special attention being devoted to the following: Middle Eastern developments (with and without EU involvement); African developments: the Economic and Monetary Community of Central Africa (CEMAC), the Common Market for Eastern and Southern Africa (COMESA), the West African Economic and Monetary Union (UEMOA or WAEMU), the Southern African Customs Union (SACU), the East African Community (EAC) and the Southern African Development Community (SADC); in Asia: the creation of the Association of South East Asian Nations (ASEAN), the South Asian Association for Regional Cooperation (SAARC), and the Asia-Pacific Economic Cooperation (APEC); in the Americas and the Caribbean: the creation of the Southern Common Market (MERCUSOR), the Andean Community , Caribbean Community and Common Market (CARICOM), the North American Free Trade Agreement (NAFTA), the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR) and the various Latin American Free Trade Agreements.
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International and Comparative Competition Law: The internationalisation of Competition Law: concepts, ideas, options and players
International and Comparative Competition Law, 2010Co-Authors: Maher M. DabbahAbstract:Attention given to the process The internationalisation of Competition Law is a topic that has received considerable attention particularly in recent years. Most of this attention has emerged within the academic arena; though one must not overlook the important work of certain international organisations and Competition authorities which have contributed significantly towards enhancing this attention. The origins of the ‘idea’ of internationalisation date back to the 1940s and 1950s when concentrated efforts were made at that time to create an International Trade Organisation (ITO) and later build a Competition agenda within the United Nations. This no doubt makes the topic an old one. Over the intervening half a century or so however it has constantly remained a feature of current debate in the field and new ideas and proposals have continuously emerged seeking to identify what the ‘next’ step(s) should be in the field for the purposes of internationalising Competition Law. These ideas and proposals have not been confined to a particular area of Competition Law and policy nor indeed to a particular body, country or forum: initiatives seeking to internationalise Competition Law have covered different aspects of the field and have been either launched or supported by international organisations, scholars and key Competition authorities as well as by many countries around the world. The majority of these initiatives have proposed furthering the internationalisation of Competition Law through existing international organisations such as the World Trade Organisation (WTO), the Organisation for Economic Cooperation and Development (OECD), the United Nations Conference on Trade and Development (UNCTAD) and the International Competition Network (ICN) which have already developed some agenda or programmes dealing with Competition Law and policy.
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International and Comparative Competition Law: The involvement of international bodies and organisations in the field of Competition Law and policy
International and Comparative Competition Law, 2010Co-Authors: Maher M. DabbahAbstract:As we saw in chapter 1, the end of the twentieth century witnessed a remarkable proliferation of Competition Law regimes around the world. As we noted, many of these regimes share important similarities, though fundamental differences do exist between them not least in terms of their experience with the concept of Competition and with Competition Law and policy; equally, differences amongst the different jurisdictions exist in relation to how the process of internationalisation of Competition Law should be conceived. As was noted in the previous chapter, while the ‘international Competition policy scene’ has not witnessed the conclusion of binding commitments on the part of countries, various mechanisms and proceedings within different international fora have been instituted through which consultations, debate and sharing of information and experience between Competition authorities in particular have been occurring. It is through these mechanisms and proceedings that the internationalisation of Competition Law has mostly continued to gain renewed impetus. They have especially provided support to those in favour of internationalisation to push the whole idea forward; despite the emergence of serious setbacks over the years which derailed various internationalisation efforts on more than one occasion. The different mechanisms and proceedings referred to here are particularly noteworthy because most of them have emerged within the framework of international organisations, which have played a major role in keeping the internationalisation debate alive and in furthering the understanding of Competition Law globally, as well as in spreading Competition Law itself around the world and helping many countries build much-needed capabilities to enforce it.
Damien Geradin - One of the best experts on this subject based on the ideXlab platform.
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Handbook on European Competition Law - Handbook on European Competition Law
2020Co-Authors: Ioannis Lianos, Damien GeradinAbstract:Econometric evidence in EU Competition Law : a theoretical and empirical analysis / Ioannis Lianos and Christos Genakos -- The public enforcement of articles 101 and 102 TFEU under council regulation no 1/2003 : due process considerations / Arianna Andreangeli -- Public enforcement : the ECN -- network antitrust enforcement in the European Union / Damien Gerard -- Private enforcement in the EU with emphasis on damages actions / Assimakis Komninos -- Procedural aspects of merger control / Nicholas Levy -- The EU Competition fining system / Damien Geradin, Christos Malamataris and John Wileur -- Competition Law remedies in Europe / Ioannis Lianos -- EU Competition Law and private international Law : a developing relationship / Barry Rodger -- Judicial review in EU Competition Law / Heike Schweitzer -- Relationship between EU Competition Law and national Competition Laws / Katalin Cseres -- Legal uncertainty, penalties, and the limits to effects : based standards / Yannis Katsoulacos and David Ulph.
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Public Policy and Breach of Competition Law in International Arbitration: A Competition Law Practitioner's Viewpoint
Social Science Research Network, 2016Co-Authors: Damien GeradinAbstract:In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU Competition rules, which in the EU legal order have a public policy nature. Although the Court of Justice of the EU eventually did not take position on this question in its subsequent judgment, Advocate General Wathelet’s Opinion brought once again the complex interface between Competition Law, arbitration and public policy to the fore. The objective of this paper is to discuss this interface from a Competition Law practitioner’s standpoint. The existing literature on the relationship between Competition Law, arbitration and public policy has been essentially authored by arbitration experts or at least academics or practitioners whose primary area of expertise lies in arbitration. As a result, the existing literature tends to treat Competition Law in a fairly abstract manner and often fails to sufficiently take into account its objectives, intricacies and the intensely factual analysis its enforcement requires. As a Competition Law practitioner involved in arbitral proceedings, I attempt to give a Competition-Law oriented perspective of the questions raised by the interface between arbitration and public policy.
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The EU Competition Law fining system
Handbook on European Competition Law, 2013Co-Authors: Damien Geradin, Christos Malamataris, John WileurAbstract:Handbook on European Competition Law: Enforcement and Procedure sets out in detail the procedural aspects of EU Competition Law, ranging from fines, remedies and judicial review. It also gives unique insight into both private and public enforcement of completion Law, and offers commentary on the relationship between EU Competition Law and national Competition Law, and on the relationship between Competition Law and private international Law.
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eu Competition Law and economics
2012Co-Authors: Damien Geradin, Anne Laynefarrar, Nicholas PetitAbstract:This is the first EU Competition Law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-Law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to Competition Law reasoning and decisional practice, the use of economic argument in Competition Law cases has become a stricter requirement. Many national Competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most Competition cases today involve teams composed of Lawyers and industrial organisation economists. Competition Law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two Competition Law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU Competition Law in its historical context. The second chapter goes on to explore the economics foundations of EU Competition Law. What follows then is an integrated treatment of each of the core substantive areas of EU Competition Law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.
