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Competition Law as Regulation

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany and Fabiana di Porto, Associate Professor of Law, University of Salento, Lecce, Italy
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.
Extent: 456 pp
Hardback Price: $160.00 Web: $144.00
Publication Date: 2015
ISBN: 978 1 78347 258 1
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  • Economics and Finance
  • Law and Economics
  • Law - Academic
  • Competition and Antitrust Law
  • Law and Economics
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.

Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.
‘For years, the pendulum between competition law and regulation used to be at full swing between ex ante and ex post intervention. The oscillation now is shorter and the two edges more intertwined. This highly topical edited volume includes contributions at the 8th ASCOLA conference from eminent experts in the field, practitioners and academics. The contributors and the editors have succeeded in producing a coherent, thought-provoking, cutting-edge analysis of an area of law that is continuously changing.’
– Ioannis Kokkoris, Queen Mary University London, UK
Contributors: E. Arezzo, A. Ayal, M. Botta, F. Caronna, F. Di Porto, M.S. Gal, T. Indig, K. Kowalik-Bańczyk, B. Lundqvist, M. Maggiolino, N. Rangone, M. Siragusa, Y. Svetiev, A. Svetlicinii, T. Takigawa, R.H. Weber










Contents:

PART I FOUNDATIONS OF THE COMPLEX RELATIONSHIP OF COMPETITION LAW AND REGULATION
1. The Regulatory Breakthrough of Competition Law: Definitions and Worries
Mariateresa Maggiolino

2. Anti-Anti Regulation: The Supplanting of Industry Regulators with Competition Agencies and how Antitrust Suffers as a Result
Adi Ayal

3. (Re-)Joining The Regulatory Fold? Problem-Solving Innovations in Competition Enforcement
Yane Svetiev

PART II NEW FORMS OF ADVOCY POWERS OF COMPETITION AGENCIES
4. New Powers - New Vulnerabilities? A Critical Analysis of Market Inquiries Performed by Competition Authorities
Tamar Indig and Michal S. Gal

5. New Frontiers for Competition Advocacy and the Potential Role of Competition Impact Assessment
Nicoletta Rangone

PART III COMPETITION LAW ENFORCEMENT IN REGULATED INDUSTRIES IN GENERAL
6. A Reassessment of the Relationship Between Competition Law and Sector-Specific Regulation
Mario Siragusa and Fausto Caronna

7. Regulatory Approach to Competition Law in the Practice of the Polish Competition Authority – A Critical Assessment
Krystyna Kowalik-Bańczyk

8. Enforcement of Competition Rules in Regulated Industries: Abuse-of-dominance Practices in the New EU Member States, Candidate Countries and Potential Candidates
Alexandr Svetlicinii and Marco Botta

PART IV INFORMATION AND TELECOMMUNICATION MARKETS
9. From Competition Law to Sector-Specific Regulation in Internet Markets? A Critical Assessment of a Possible Structural Change
Rolf H. Weber

10. The Regulatory Approach in Competition Law Enforcement for Innovation-Intensive Industries: The Case of Broadband Access Regulation in Japan
Toshiaki Takigawa

11. Abuses of Information and Informational Remedies: Rethinking Exchange of Information under Competition Law
Fabiana Di Porto

PART V COMPETITION LAW AS REGULATION IN IP-RELATED MARKETS
12. Competition Law as an Instrument of IP Regulation? The Case of Strategic Patent Filings
Emanuela Arezzo

13. Competition Law as the Limit to Standard-Setting
Björn Lundqvist

Index