Competition Law and Economics: Advances in Competition Policy Enforcement in the EU and North America

Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.

Table of Contents:
Contents: Preface Introduction Abel M. Mateus PART I: OPENING SPEECHES 1. Speech by the President of the Republic at the Opening Session of the Second Lisbon Conference on Competition Law and Economics Aníbal Cavaco Silva 2. Helping Europeans Get the Best Deal: A Sound Competition Policy for Well-functioning Markets Neelie Kroes 3. Competition Policy and Consumer Protection in the EU Meglena Kuneva 4. Competition Policy Enforcement in the European Union: State of Art and Major Challenges Abel M. Mateus PART II: JUDICIAL CONTROL OF ADMINISTRATIVE DECISIONS AND PRIVATE ENFORCEMENT 5. Costs and Benefits of Private and Public Antitrust Enforcement: An American Perspective Douglas H. Ginsburg 6. Administrative Regulation versus Private Enforcement – the EU Perspective John D. Cooke 7. Improving Judicial Control of Administrative Decisions in Competition Enforcement Frédéric Jenny 8. The Effectiveness and Limitations of the Portuguese System of Competition Law Enforcement by Administrative and Civil Procedural Means José Manuel Sérvulo Correia PART III: MERGER CONTROL IN REGULATED MARKETS AND DYNAMIC ANALYSIS OF NETWORK MARKETS 9. Mergers in Regulated Industries: Electricity Dennis W. Carlton 10. Modelling Competition and Regulation in Wireless Telecommunications: A Progress Report Luís Cabral PART IV: MODERNIZATION OF ANTI-TRUST RULES AND INSTITUTIONS 11. Competition Law and Policy Modernization: Lessons from the U.S. Common-law Experience Thomas O. Barnett PART V: ABUSES OF DOMINANT POSITION AND MONOPOLIZATION: CONCLUSIONS OF THE DEBATES IN THE EU AND USA 12. Abuses of Dominant Position and Monopolization: Conclusions of the Major Debates in the EU and USA Emil Paulis 13. Abuses of Dominant Position, Intellectual Property Rights and Monopolization in EU Competition Law: Some Thoughts on a Possible Course of Action Inge Govaere 14. Abuses of Dominant Position and Monopolization: An Economic Perspective Patrick Rey 15. The Current Debate About Section 2 of the Sherman Act: Judicial Certainty versus Rule of Reason Barry E. Hawk 16. The Legal Periphery of Dominant Firm Conduct Herbert Hovenkamp 17. Monopolization and the Fading Dominant Firm Timothy F. Bresnahan PART VI: COMPETITION AND INDUSTRIAL POLICIES IN A GLOBALIZED WORLD 18. Do National Champions Have Anything to do with Economics? Anne Perrot 19. Competition Policy and Competitiveness in Europe John Fingleton 20. Ownership, Performance and National Champions Damien Neven 21. Antitrust Policy and Industrial Policy: A View from the U.S. Lawrence J. White 22. Recent Canadian Policy Towards Industry: Competition Policy, Industrial Policy and National Champions Thomas W. Ross PART VII: TOWARDS A MORE EFFICIENT APPROACH TO STATE AID 23. Economics in State Aid: Soon as Routine as Dentistry? Lowri Evans and Harold Nyssens 24. The New Approach to State Aid: Contributions and Limits from Case Law of the European Courts Massimo Merola and Marie Debieuvre Index

About the Author :
Edited by Abel M. Mateus, former President of the Portuguese Competition Authority, Professor of Economics, New University of Lisbon, Portugal, Visiting Professor, University College of London, UK and New York University, US and Teresa Moreira, UNCTAD - Palais des Nations, Switzerland

Review :
‘This book offers a wealth of thoughts and insights on the law and economics of competition policy enforcement in the EU and North America. Most papers are easily accessible to non-specialist readers, and even the economists’ papers are written in a non-technical fashion. The book therefore makes attractive reading for anyone interested in the enforcement of competition policy.’ ‘The book will be of immense value for practitioners of economics and law, as well as to officials of national competition authorities, and non-governmental organisations dealing with consumer protection and competition law. Students of law and economics interested of competition law will also be likely to read this volume with much attention.’ ‘. . . the book provides a fascinating and perceptive discussion of the judicial control of administrative decisions and the differing approaches in common and civil law jurisdictions. . . Every chapter is written by an outstanding thinker on the most important controversial issues of competition policy at the time of the conference. . . those concerned with competition policy, academics and practitioners will greatly enjoy the book. It is lively and lucid and includes much new thinking.’ ‘Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come.’