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The Evolution of European Competition Law
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The Evolution of European Competition Law

Whose Regulation, Which Competition?

9781845427016 Edward Elgar Publishing
Edited by Hanns Ullrich, Professor Emeritus, affiliated research fellow, Max Planck Institute for Innovation and Competition, Munich, Germany
Publication Date: 2006 ISBN: 978 1 84542 701 6 Extent: 384 pp
With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective.

The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition.

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Critical Acclaim
Contributors
Contents
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With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective.

The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition, which it does by reviewing the following subjects:

• foundations of competition policy in the EU and the US
• strategic competition policy
• the evolution of European competition law from a national (Italian) perspective
• the block exemption of vertical agreements after four years
• the new Technology Transfer Block Exemption
• cooperative networking
• mergers in the media sector
• abuse of market power
• concepts of competition in sector specific regulation
• competition, regulation and systems coherence
• efficiency claims in EU competition law and sector specific regulation.

The Evolution of European Competition Law will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.
Critical Acclaim
‘This is an important and very well crafted set of essays, particularly valuable for anyone trying to appreciate the considerable changes that have occurred in European competition law over the last two decades.’
– Herbert Hovenkamp, European Law Review

‘Professor Ullrich is thoughtful and attracted star scholars from many countries, so the papers and discussion are provocative and introduce recent economic thinking, although many are written by lawyers. . . The text is lucid and interesting, the thought innovative and anyone seriously interested in competition policy should read these papers and the comments with pleasure.’
– Valentine Korah, World Competition

‘This collection of papers and comments deserves to be widely read, and it should appeal to academics and practitioners alike. The great mix of topics and the variety of views offered make this a very stimulating contribution to the discussion of the new paradigm of EC competition law, the more economic approach, and its implications for the application and interpretation of the various EU antitrust rules.’
– Thomas Eilmansberger, European Law Journal

‘The editor should be congratulated for bringing together this diverse group of scholars whose spirited disagreements remind one of the many challenges faced in exploring the role and function of competition law.’
– Giorgio Monti, European Review of Contract Law
Contributors
Contributors: A. Abrunhosa, P. Behrens, U. Bernitz, L. Boy, F. Di Porto, J. Fejø, E.M. Fox, A. Fuchs, D. Geradin, G. Ghidini, L. Idot, C.A. Jones, W. Kerber, C. Kirchner, P. Kremmyda, M.M. Leitão Marques, J. Monéger, P.L.G. Nihoul, M.R. Patterson, W.-H. Roth, K. Stockmann, G. Tesauro, H. Ullrich, D. Waelbroeck, R. Zäch, D. Zimmer
Contents
Contents:

Foreword

PART I: INTRODUCTION

Introduction
Hans Ullrich

Part II: STRATEGIC COMPETITION POLICIES? US–EU CONFLICTS AND CONVERGENCE
1. Foundations of Competition Policy in the EU and the USA: Conflict, Convergence and Beyond
Clifford A. Jones

2. Strategic Competition Policy: A Comment on EU Competition Policy
Wulf-Henning Roth

3. Revision of the New Technology Transfer Block Exemption Regulation: Convergence or Capitulation?
Mark R. Patterson

4. The Evolution of European Competition Law and the Italian Autorità Garante della Concorrenza e del Mercato
Giuseppe Tesauro

PART III: CONTROLLING RESTRICTIONS OF COMPETITION
5. Vertical Agreements: 4 Years of Liberalisation by Regulation n. 2790/99 After 40 Years of Legal (Block) Regulation
Denis Waelbroeck
Comments
Wolfgang Kerber and Roger Zäch

6. Cooperative Networking: Bridging the Cooperation–Concentration Gap
Maria Manuel Leitão Marques and Ana Abrunhosa
Comments
Andreas Fuchs and Daniel Zimmer

7. Mergers in the Media Sector: Business as Usual?
Laurence Idot
Comments
Peristera Kremmyda and Ulf Bernitz

8. Abuse of Market Power: Controlling Dominance or Protecting Competition?
Laurence Boy
Comments
Peter Behrens and Eleanor M. Fox

Part IV: APPROACHING COMPETITION BY REGULATION
9. Regulating Towards What? The Concepts of Competition in Sector-Specific Regulation, the Likelihood of their Realisation and of their Sustainability, and their Relationship to Rendering Public Infrastructure Services
Christian Kirchner
Comments
Kurt Stockmann and Fabiana Di Porto

10. Competition, Regulation and System Coherence
Joël Monéger
Comments
Jens Fejø and Paul L.G. Nihoul

Part V: CONCLUSION: THE NEW THINKING
11. Efficiency Claims in EC Competition Law and Sector-Specific Regulation
Damien Geradin
Comment
Gustavo Ghidini

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 84720 186 7

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