European Competition Law Annual 2012 - Competition, Regulation and Public Policies

This volume contains papers presented at the 17th Annual EU Competition Law and Policy Workshop, organized by Philip Lowe and Mel Marquis and held at the European University Institute on 13-14 July 2012. From a variety of angles the book explores the themes of competition, regulation and certain public policies; their interactions; and, in some cases, their mutual tensions. The authors of the various chapters consider legal and economic issues relating to network industries, industrial, environmental and trade policies, and intellectual property and innovation policies, among others. Comparative views and the views of judges from different jurisdictions are provided, and techniques for mediating among different policy objectives and frameworks are discussed.

Authors contributing to this book include:

Rafael Allendesalazar, Robert D Anderson, Marco Boccaccio, Ginevra Bruzzone, Cristina Caffarra, Alexandre de Streel, Ian Forrester, Douglas Ginsburg, Geert Goeteyn, Calvin Goldman, Daniel Haar, Küllike Jürimäe, Suzanne Kingston, Lars Kjølbye, Paul Lugard, Mel Marquis, Veljko Milutinovic, Giorgio Monti, Anna Caroline Müller, Rosa Perna, Anthony Pygram, Philip Lowe, Pierre Régibeau and Jon Stern.

List of contents

Introduction – Competition, Regulation and Other Public Policies: An Overview Mel Marquis and Vejlko Milutinovic
Panel I
Economic Context, Market Malfunction and Public Action
Welcome Philip Lowe
Panel II Between Competition, Regulation and other Public Policies
Written contributions to Panel II
I Giorgio Monti, Regulatory Holidays in Utilities Regulation and EU Competition Law: A Case study on the Role of Efficiency Considerations in Economic Law
II Anthony Pygram, Competition, Regulation and Other Public Policies in the UK Energy Sector
III Geert Goeteyn, Regulation and Competition in the Aviation Sector: Focus on Airline Content and Global Distribution Systems
IV Jon Stern, A Market Design for Water Trading in England and Wales: The Role of Water Rights
V Rafael Allendesalazar, Does Merger to Monopoly Become Efficient When it Refers to Sector Regulators and the Competition Authority?
VI Suzanne Kingston, Competition and Environmental Protection: A Case of Ne’er the Twain Shall Meet?
VII Robert D Anderson and Anna Caroline Müller, Competition Policy and the Multilateral Trading System: Three Propositions,and Observation and Some Questions for Reflection
Panel III Unilateral conduct in post-liberalization markets
Written contributions to Panel III
I Alexandre de Streel, The Antitrust Activism of the European Commission in the Telecommunications Sector
II Lars Kjølbye, Enforcement of Article 102 TFEU in the Energy Sector
III Ginevra Bruzzone and Marco Boccaccio, The Boundaries of Legitimate Conduct in Post-Liberalization Markets
Panel IV Technology and Standard-essential Patents
Written contributions to Panel IV
I Calvin Goldman, Julie Soloway and David Dueck, Competition Policy and Technology Markets: A Canadian Perspective
II Paul Lugard, Innovation in the Domain of EU Competition Law Enforcement: Blowing in the Wind?
III Sven B Völcker, Promises, Promises … Law and Policy Considerations with Respect to the Application of Article 102 TFEU to FRAND-Encumbered Standard-Essential Patents
IV Cristina Caffarra and Pierre Régibeau, Patent Explosion and Patent Wars: Hold-Up, Royalties and Misunderstandings over ‘Market Value’
Panel V The Role of Courts. Reconciling Competition, Non-competition and Constitutional Imperatives
Written contributions to Panel V
I Küllike Jürimäe, The Interaction between EU Transparency Policy and the Enforcement of EU Competition Law: Who Should Strike the Balance and How Should it be Struck?
II Rosa Perna, The Role of Courts in Reconciling Competition, Non- Competition and Constitutional Imperatives: The Italian Experience
III Douglas H Ginsburg and Daniel E Haar, Resolving Conflicts between Competition and Other Values: The Roles of Courts and Other Institutions in the US and the EU
IV Ian S Forrester, Competition Law and Public Policy Considerations
Conclusions Philip Lowe

About the author

Philip Lowe is a Non-Executive Director of the UK Competition and Markets Authority.Mel Marquis is Part-time Professor of Law at the European University Institute in Florence and Professore a contratto at LUMSA University in Rome.

Summary

This is the seventeenth in the ECLA series. It encompasses numerous chapters that examine competition policy and its relationships with regulatory and other public policies, against the general background of prolonged economic crisis.

Additional text

This carefully edited volume has, as always, much to offer to students,
practitioners and academics in the field of competition law and regulation.

Product details

• Authors: Philip Marquis Lowe
• Assisted by: Philip Lowe (Editor), Mel Marquis (Editor)
• Publisher: Bloomsbury
• Languages: English
• Product format: Hardback
• Released: 25.09.2014
• EAN: 9781849465823
• ISBN: 978-1-84946-582-3
• No. of pages: 552
• Series: European Competition Law Annual; European Competition Law Annua; European Competition Law Annual
• Subjects: Non-fiction book > Dictionaries, reference works; Social sciences, law, business > Law > Mercantile and commercial law