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Research Methods in Competition Law

Hardback

Research Methods in Competition Law

A Handbook

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: c 624 pp
Offering a broad-ranging examination of competition law methodologies worldwide, this Handbook focuses on the economic foundations of competition law. Expert contributors consider the procedural and substantive application of competition laws and draw comparisons between newer and more established jurisdictions. This comparison assists in understanding newer models of competition law, such as those from China, a particularly significant example as a global trade power. Showcasing unique approaches to specific jurisdictional issues, the book further explores the important interface of competition law and intellectual property.

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Contributors
Contents
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. Horna, M. Jacobs, A. Jones, L.P. Papa, L. Ping, M. Marquis, A. Muhlebach, W. Ng, R. Nicholls, D. Penezic, H. Qaqaya, S. Roberts, R.L. Smith, Z. Šoljaga, A. Stephan, M. Williams, W. Xiaoye, Y. Yu, X. Shiying
Contents
Contents:

PART I THE OBJECTS AND ECONOMICS OF COMPETITION LAW
1 Competition law in flux: established and emerging approaches to methodology
Deborah Healey and Rhonda L Smith
2 The ambit of competition law: comments on its goals
Deborah Healey
3 The cost of progress: hurdles facing antitrust’s economic advance
Alan Devlin
4 The relevance of economics in US, EU and Australian competition law
Geoff Edwards and Jennifer Fish
5 The use of economics in competition law enforcement in mainland China and Hong Kong
Ping Lin 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
Mark Williams
7 Algorithm-driven collusive conduct
Rob Nicholls
8 Vertical agreements under EU competition law: proposals for pushing Article 101 analysis, and the modernization process, to a logical conclusion
Miguel de la Mano and Alison Jones
9 Unilateral conduct analysis: focus on harm in multiple guises
Rhonda L Smith and Deborah Healey
10 Mergers
Rhonda L Smith
11 Competition law in Japan, Malaysia and the Philippines: an overview
Mel Marquis
12 Building an efficient system of protection of competition in Serbia on its path to the EU
Dragan Penezic and Zoran Soljaga
13 Merger review updates in Latin America
Fernando Furlan

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

PART IV ENFORCEMENT
17 The EU method of antitrust enforcement
Andreas Stephan
18 Cartel enforcement: critical reflections from the South African experience
Simon Roberts
19 Procedure and substance in China’s merger control regime
Xiaoye Wang 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
Xu Shiying
21 Competition advocacy: a broader perspective
Allan Fels and Wendy Ng
22 Export cartels in times of populist protectionism: challenges and options for our and small competition agencies
Pierre M Horna and Leonila P Papa
23 Complementarities and tensions between competition and trade law and policy
Hassan Qaqaya

Index


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