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.
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| Acknowledgements |
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xxiii | |
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PART I THE OBJECTS AND ECONOMICS OF COMPETITION LAW |
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1 Competition law in flux: established and emerging approaches to methodology |
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2 | (10) |
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2 The ambit of competition law: comments on its goals |
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12 | (26) |
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3 The cost of progress: hurdles facing antitrust's economic advance |
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38 | (19) |
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4 The relevance of economics in US, EU and Australian competition law |
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57 | (32) |
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5 The use of economics in competition law enforcement in mainland China and Hong Kong |
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89 | (27) |
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PART II THE CONTENT OF THE LAW |
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6 Cartel prohibition and the search for deterrent penalties: the United States, the European Union, Australia and China compared |
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116 | (22) |
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7 Algorithm-driven collusive conduct |
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138 | (29) |
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8 Vertical agreements under EU competition law: proposals for pushing Article 101 analysis, and the modernization process, to a logical conclusion |
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167 | (37) |
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9 Unilateral conduct analysis: focus on harm in multiple guises |
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204 | (24) |
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228 | (25) |
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11 Competition law in Japan, Malaysia and the Philippines: an overview |
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253 | (21) |
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12 Building an efficient system of protection of competition in Serbia on its path to the EU |
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274 | (20) |
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13 Merger review updates in Latin America |
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294 | (18) |
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PART III PARTICULAR ISSUES |
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14 The interface between intellectual property rights and competition law: implications for public health in sub-Saharan Africa |
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312 | (24) |
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15 Pay for delay in perspective: the impact of adversarial and inquisitorial legalism on pharmaceutical antitrust enforcement |
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336 | (29) |
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16 The Australian approach to third party infrastructure access under Part IIIA Of the Competition and Consumer Act 2010 |
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365 | (26) |
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17 The EU method of antitrust enforcement |
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391 | (23) |
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18 Cartel enforcement: critical reflections from the South African experience |
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414 | (22) |
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19 Procedure and substance in China's merger control regime |
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436 | (16) |
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PART V COMPETITION POLICY AND OTHER ISSUES |
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20 An effective way to keep power in an institutional cage: legislation and regulation of administrative monopoly |
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452 | (19) |
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21 Competition advocacy: a broader perspective |
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471 | (18) |
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22 Export cartels in times of populist protectionism: challenges and options for young and small competition agencies |
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489 | (18) |
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23 Complementarities and tensions between competition and trade law and policy |
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507 | (20) |
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| Index |
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527 | |
Edited by Deborah Healey, Professor, Faculty of Law, UNSW, Australia, Michael Jacobs, Emeritus Distinguished Research Professor of Law, DePaul University, Chicago, US and Rhonda L. Smith, Senior Lecturer, Department of Economics, University of Melbourne, Australia
