More Common Ground For International Competition Law?

Posted by D. Daniel Sokol

Josef Drexl, Director, Max Planck Institute for Intellectual Property and Competition Law, Warren S. Grimes, Southwestern Law School, Clifford A. Jones, University of Florida, Rudolph J.R. Peritz, New York Law School, and Edward T. Swaine, George Washington University Law School, ask More Common Ground For International Competition Law? in their edited volume.

BOOK ABSTRACT: In recent years, an impressive proliferation of competition laws has been seen around the world. Whilst this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of the 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.

TABLE OF 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 v 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 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