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Michal S. Gal

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Edited by David Bosco and Michal S. Gal

First, whilst the assumptions at the basis of competition law have been challenged throughout the years, globalization and digitalization have significantly increased the need to ensure that the assumptions we rely upon - whether with regard to substantive, procedural or institutional features - are fit for purpose. The book is divided into three parts, which set out three sets of challenges for competition law. First, the digital economy and innovative sectors are discussed. In the second part, the book includes studies on the challenges faced by emerging countries. In the third part, the book focuses on institutional challenges.

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Edited by David Bosco and Michal S. Gal

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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Michal S. Gal and Mor Bakhoum

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Tamar Indig and Michal S. Gal

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Tamar Indig and Michal S. Gal

In the past two decades the number of jurisdictions which have empowered their competition authorities to engage in market inquiries (MIs) has grown substantially. Although jurisdictions differ in the scope and procedure adopted for such studies, they all share an important common trait: the attempt to allocate the roots of limited competition in the studied market. Market studies differ from traditional competition law tools in their triggers, range, object, and the level of pro-activity of the competition authority. They are not triggered by a suspicion of anti-competitive conduct of specific firms, but rather allow the authority to use a broad prism which focuses on a wider set of potential obstacles to competition, including the authority’s own past conduct, in order to find ways to enhance competition. MIs entail many advantages. Yet bestowing this power upon a competition authority is not self-explanatory. Furthermore, it is far from costless. Beyond the direct costs imposed on both the authority and market participants, MIs often carry less tangible price tags. They raise a host of constitutional, democratic and practical issues that have not been thoroughly studied as of yet, and these are the focus of this chapter. In examining these issues, the chapter builds, inter alia, on the recent administrative law literature which focuses on multi-agency interactions. Accordingly, this chapter seeks to provide a synergetic analysis of MIs for the benefit of policymakers.

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Michal S. Gal and Eran Fish

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Edited by Björn Lundqvist and Michal S. Gal