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Research Handbook on Methods and Models of Competition Law

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Research Handbook on Methods and Models of Competition Law

9781785368646 Edward Elgar Publishing
Edited by Deborah Healey, Professor, Faculty of Law, UNSW, Australia, Michael Jacobs, Emeritus Distinguished Research Professor of Law, DePaul University, Chicago, US and Rhonda L. Smith, Senior Lecturer, Department of Economics, University of Melbourne, Australia
Publication Date: November 2020 ISBN: 978 1 78536 864 6 Extent: 576 pp
This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development. A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law.

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This comprehensive Handbook illuminates the objectives and economics behind competition law. It takes a global comparative approach to explore competition law and policy in a range of jurisdictions with differing political economies, legal systems and stages of development.

A set of expert international contributors examine the operation and enforcement of competition law around the world in order to globalize discussions surrounding the foundational issues of this topic. In doing so, they not only reveal the range of approaches to competition law, but also identify certain basic economic concepts and types of anticompetitive conduct that are at the core of competition law. Taking a forward-thinking perspective, the Handbook also analyses the challenges to the assessment methodology of anticompetitive conduct that are posed by the growth of the digital environment and changing views on economic approaches.

This Handbook’s detailed analytical and comparative approach to economics and competition law will be valuable for academics and students of these subjects. Its focus on policy and key case studies from across the globe will also be beneficial for legal practitioners and competition regulators.
Contributors
Contributors include: M. Bakhoum, M. de la Mano, A. Devlin, G. Edwards, A. Emch, A. Fels, J. Fish, F. Furlan, S. Gallasch, D. Healey, P.M. Horna, M. Jacobs, A. Jones, L.P. Papa, L. Ping, M. Marquis, A. Muhlebach, W. Ng, R. Nicholls, L.P. Papa, D. Penezic, H. Qaqaya, S. Roberts, R.L. Smith, Z. Šoljaga, A. Stephan, M. Williams, W. Xiaoye, S. Xu, Y. Yu
Contents
Contents:

PART I THE OBJECTS AND ECONOMICS OF COMPETITION LAW
1 Competition law in flux: established and emerging approaches to methodology 2
Deborah Healey and Rhonda L. Smith
2 The ambit of competition law: comments on its goals 12
Deborah Healey
3 The cost of progress: hurdles facing antitrust’s economic advance 38
Alan Devlin
4 The relevance of economics in US, EU and Australian competition law 57
Geoff Edwards and Jennifer Fish
5 The use of economics in competition law enforcement in mainland China and Hong Kong 89
Lin Ping and Yan Yu

PART II THE CONTENT OF THE LAW
6 Cartel prohibition and the search for deterrent penalties: the United States, the European Union, Australia and China compared 116
Mark Williams
7 Algorithm-driven collusive conduct 138
Rob Nicholls
8 Vertical agreements under EU competition law: proposals for pushing Article 101 analysis, and the modernization process, to a logical conclusion 167
Miguel de la Mano and Alison Jones
9 Unilateral conduct analysis: focus on harm in multiple guises 204
Rhonda L. Smith and Deborah Healey
10 Mergers 228
Rhonda L. Smith
11 Competition law in Japan, Malaysia and the Philippines: an overview 254
Mel Marquis
12 Building an efficient system of protection of competition in Serbia on its path to the EU 275
Dragan Penezic and Zoran Soljaga
13 Merger review updates in Latin America 295
Fernando Furlan

PART III PARTICULAR ISSUES
14 The interface between intellectual property rights and competition law: implications for public health in sub-Saharan Africa 313
Mor Bakhoum
15 Pay for delay in perspective: the impact of adversarial and inquisitorial legalism on pharmaceutical antitrust enforcement 337
Sven Gallasch
16 The Australian approach to third party infrastructure access under Part IIIA of the Competition and Consumer Act 2010 366
Alice Muhlebach

PART IV ENFORCEMENT
17 The EU method of antitrust enforcement 392
Andreas Stephan
18 Cartel enforcement: critical reflections from the South African experience 415
Simon Roberts
19 Procedure and substance in China’s merger control regime 437
Wang Xiaoye and Adrian Emch

PART V COMPETITION POLICY AND OTHER ISSUES
20 An effective way to keep power in an institutional cage: legislation and regulation of administrative monopoly 453
Xu Shiying
21 Competition advocacy: a broader perspective 472
Allan Fels and Wendy Ng
22 Export cartels in times of populist protectionism: challenges and options for young and small competition agencies 490
Pierre M. Horna and Leonila P. Papa
23 Complementarities and tensions between competition and trade law and policy 508
Hassan Qaqaya

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78536 865 3
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