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Challenges to Assumptions in Competition Law

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Challenges to Assumptions in Competition Law

9781839109065 Edward Elgar Publishing
Edited by David Bosco, Professor, Aix-Marseille Université, France and Michal S. Gal, Professor and Director, Center for Law and Technology, University of Haifa, Israel
Publication Date: April 2021 ISBN: 978 1 83910 906 5 Extent: c 288 pp
This timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues.

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Critical Acclaim
Contributors
Contents
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This timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues.

Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US.
 
This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.

Critical Acclaim
‘This is an impressive book, featuring contributions from all over the world and organized around a critical, under-examined theme: What assumptions are relied on in competition law analysis, and are they fit for the purpose as applied to globalized and digitalized markets? The reader will find some new voices and fresh thinking, as typically assembled and provoked by ASCOLA, the international academic society of competition law researchers.’
– Eleanor Fox, New York University, US
Contributors
Contributors include: C. Atik, D. Bosco, O. Budzinski, A. Calderón, S. Dnes, M.S. Gal, Y. Gao, W. Han, G. Kostiukevych, C. O’Kane, J. Pillot, B.J. Rodger, A. Stöhr, C. Townley





Contents
Contents:

Introduction viii

PART I NEW CHALLENGES IN THE DIGITAL SPHERE
1 Cooperation, dependence, and eviction: how
platform-to-business coopetition relationships should be
addressed in mobile telephony ecosystems 2
Frédéric Marty and Julien Pillot
2 Technological tying: unbundling the assumptions 22
Stephen Dnes
3 Understanding the role of agricultural data on market
power in the emerging Digital Agriculture sector: a critical
analysis of the Bayer/Monsanto decision 41
Can Atik

PART II NEW CHALLENGES TO EMERGING COUNTRIES
4 Merger control in China’s digital economy: challenges and
prospects 80
Wei Han and Yajie Gao
5 The adoption of specialised competition tribunals in Latin
American countries: transplants and commonalities among them 106
Claudia O’Kane
6 Where influence lies in the international competition network 124
Christopher Townley
7 Cartels’ little helpers: a comparative study of the case law
regarding the facilitators of collusion in Europe, United
States and South America 161
Andrés Calderón

PART III NEW INSTITUTIONAL CHALLENGES
8 Public interest considerations in European merger control regimes 184
Oliver Budzinski and Annika Stöhr
9 Formalism, fairness and freedom of contract: abuse of
dominance in the UK courts and the business ‘Achilles
heel’ of objective justification 206
Barry J. Rodger
10 Using trade tools to counteract anticompetitive conduct
within global value chains: competition chapters in trade
agreements 238
Galyna Kostiukevych

Index

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