State-Initiated Restraints of Competition


State-Initiated Restraints of Competition

9781784714970 Edward Elgar Publishing
Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany and Vicente Bagnoli, Professor of Law, Mackenzie Presbyterian University – Law School, São Paulo, Brazil
Publication Date: 2015 ISBN: 978 1 78471 497 0 Extent: 352 pp
States influence competition in the market in various ways. They often act themselves as market participants through state-owned enterprises. They regulate markets and specific sectors of the economy such as public utilities in particular. In some instances, market regulation explicitly aims to promote competition in the market. In other instances, regulatory schemes and decisions may inadvertently distort competition or openly promote conflicting objectives and even anti-competitive goals. Furthermore, states can distort competition among firms when they act as purchasers of goods and services as well as when they grant subsidies to individual firms. This book assembles contributions by competition law scholars who present new insights on the diversity of problems and challenges arising from state-initiated restraints of competition in jurisdictions from all around the world, not only including the EU and the US, but also Latin American countries, China, India and Australia.

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This new book addresses important current problems and challenges arising from a large variety of state-initiated restraints. Beyond state-owned enterprises, rules on government procurement and the control of state subsidies, the contributions also analyse forms of regulation that either distort competition or manage to introduce competition in the market.

The contributions of leading competition law scholars cover state-initiated restraints of competition in many jurisdictions, including the US, the EU, Australia, and Asian and Latin American countries.

Competition and trade law scholars will find this book both relevant and insightful. Regulators and competition agencies, representatives of international organizations and competition law practitioners will also find this to be an invaluable resource of information from which they can take new inspiration.
Critical Acclaim
‘The issue of competition law''s role in relation to state-owned enterprises is at the center of many discussions of competition law today, especially in regard to China, but in numerous other countries as well. Often the issue is oversimplified as one of mere opposition between state-owned enterprises and the objectives of competition law. That opposition exists, but the issues are often far more complex, and they involve fundamental current developments in the relationship between government and the economy. This book is masterful in identifying the range of issues involved and in analyzing the experiences and tensions in this relationship. It has a broad range, and several of the contributions are exceptionally insightful. All are very useful.’
– David Gerber, Illinois Institue of Technology, US

‘This book is an important and most welcome contribution to the study of state-initiated restraints on competition. It gathers together leading academics in order to recognize and suggest tools to ensure that such restraints do not restrict competition in a way which reduces welfare. Accordingly, the book provides important insights on how to identify such restraints in different settings, some of which are intentional and well recognized and some of which are not. It then suggests principled approaches to reduce such restraints, based, inter alia, on case studies from around the world, including Australia, India, the EU, the US and Brazil. It is highly recommended for anyone interested in the role states play in creating restraints on competition.’
– Michal S. Gal, University of Haifa, Israel
Contributors: A. Barrionuevo, G. Bercovici, L. Bettencourt Nunes, S. Chakravarthy, T.K. Cheng, C. Curiel Leidenz, J. Drexl, P. Dutra, D. Healey, T. Jaeger, M.M. Leitão Marques, G. Oliveira, R.J.R. Peritz, S. Vezzoso, T. Zuñiga Fernández



1. Competitive Neutrality: Addressing Government Advantage in Australian Markets
Deborah Healey

2. Petrobràs: State Monopoly and Competition Policy
Gilberto Bercovici

3. The Principle of Subsidiarity as the Essential Restriction on Peruvian State Business Activity under Pro-Competitive Conditions
Tania Zuñiga Fernández

4. The Competition Dimension of the European Regulation of Public Sector Information and the Concept of an Undertaking
Josef Drexl

5. Deepening the Freedom of Services Through Pro-Competitive Regulation: The Case of the EU Services Directive
Maria Manuel Leitão Marques and Leonor Bettencourt Nunes

6. Abuse of Administrative Monopoly in China
Thomas K. Cheng

7. The Competition Policy Dimension of the Regulation of Water and Sanitation Services in Brazil
Gesner Oliveira

8. Pro-Competitive Regulation of Personal Data Protection in the EU
Simonetta Vezzoso

9. The Suppression of the Competition Policy Agenda in the Context of an Over-Regulated Economy: The Case of Venezuela
Claudia Curiel Leidenz

10. Competition and the Imposition of Investment Targets in the Brazilian Pay-TV Market
Arthur Barrionuevo and Pedro Dutra

11. Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated Competition
Rudolph J.R. Peritz

12. Benefits of Competition Policy in Public Procurement with Special Reference to India
S. Chakravarthy

13. Distinguishing State and Private Subsidies: A Closer,Look at the State Character Test
Thomas Jaeger


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