Friday, December 18, 2009

The Reform of EC Competition Law: New Challenges

Posted by D. Daniel Sokol

Ioannis Lianos (UCL Law) and Ioannis Kokkoris (OFT and City University Law) bring us the edited volume The Reform of EC Competition Law: New Challenges.

ABSTRACT:  Responding to external and internal pressure for change the slow reform of EC competition law since the 1989 Merger Regulation can now be seen as a major thread rather than a series of peripheral developments. Now, a body of ‘new’ law may be discerned that encompasses several far-reaching regulations as well as their clarification and extension by official guidelines, discussion papers, ECJ decisions, and legal scholarship.

Twenty-nine prominent competition law authorities – representing all three ‘estates’(practice, administrative regulation, and academe) – bring their deeply informed knowledge and perspectives on this crucially important body of law to the table. The many issues they address include the following:

  • the decentralization of competition law enforcement;
  • the development of private actions for damages;
  • private versus public enforcement;
  • the role of national competition authorities;
  • the role of arbitration;
  • the impact of human rights law;
  • recourse to economic evidence;
  • special cases (e.g., pharmaceuticals, high technology industries);
  • mergers;
  • cartel enforcement; and
  • state aid measures.

This book represents a fresh approach to EC competition law – one that is of singular value in grappling with the huge economic challenges we face today. As a synthesis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.

Table of Contents

Foreword; V. Korah. Preface; I. Lianos, I. Kokkoris. Part I: Institutional Aspects. Chapter 1: The Design of an Optimal Competition Law Enforcement Regime.1. Welfare-Based Optimal Legal Standards: A Brief Review of Theory and Applications; Y.S. Katsoulacos, D. Ulph. 2. Private Enforcement: Current Situation and Methods of Improvement; D. Waelbroeck. 3. Is There a Need for a Specialist EU Competition Law Tribunal? C. Bellamy. Chapter 2: Concurrent Proceedings in National and EC Competition Law. 4. Case Allocation in Antitrust and Collaboration between the National Competition Authorities and the European Commission; A. Mikroulea. 5. The Role of Arbitration in Competition Disputes; L. Idot. 6. Modernization and the Role of National Courts: Institutional Choices, Power Relations and Substantive Implications; K. Boskovits. Chapter 3: Optimal Sanctions and their Limitations. 7. Optimal Antitrust Enforcement: From Theory to Policy Options; F. Jenny. 8. Tools for an Optimal Enforcement of European Antitrust Law: Examples of Guidelines on the Method of Setting Fines and the Commitment Proceedings: Is the European Commission Right? Some Thoughts concerning Discretion; E. David. 9. Protecting Human Rights in the Context of European Antitrust Criminalization; P. Whelan. Part II : The Challenges of Economic Evidence. 10. Judging Economists: Economic Expertise in Courts; I. Lianos. Part III: Vertical Aspects. Chapter 1: Competition Law Policy in Markets with Non-conventional Price-formation Mechanisms. 11. Antitrust Issues in Dynamic Markets; F. Etro. 12. Antitrust Issues in Network Industries; N. Economides. 13. EC Competition Law and Parallel Trade in Pharmaceutical Products; A. Komninos. Chapter 2: Abuse of a Dominant Position. 14. Exclusionary Abuses and the Justice of ‘Competition on the Merits’; P. Marsden. 15. The Implementation of an Effects-based Approach under Article 82 – Principles and Application; P. Papandropoulos. Chapter 3: Mergers. 16. Critical Analysis of the ECMR Reform; I. Kokkoris, K. Katona. 17. Competition Policy against Non-horizontal Mergers; N. Vettas, F. Kourandi. Chapter 4: Cartels. 18. An Optimal Enforcement System against Cartels; M.L. Tierno Centella. 19. The ECN and the Model Leniency Programme; K. Dekeyser, F. Polverino. Chapter 5: State Action and EC Competition Law. 20. The Community State Aid Action Plan and the Challenge of Developing an Optimal Enforcement System; A. Zemplinerova. 21. EU Competition Policy on State Aid for Rescuing and Restructuring Companies; N.E. Farantouris. 22. State Aid Law Claims in Merger Control; A. Stratakis, L. Crocco. List of Contributors.

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