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Edited by Josef Drexl and Fabiana Di Porto

To what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets.
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Richard Whish

1 Introduction We live in tumultuous times. As the United Kingdom prepares to leave the European Union, it cannot be ruled out that a second referendum in Scotland in the relatively near future might lead to Scotland leaving the UK. The complexity that will be caused by this shift of the tectonic plates cannot be underestimated, not least when contemplating the future of competition law and policy within the UK. Quite apart from the many issues that will have to be settled as to future relations between the UK and the EU, it is also important to contemplate how

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Edited by John Duns, Arlen Duke and Brendan Sweeney

Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world.
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Rupprecht Podszun and Stephan Kreifels

9.  Data and competition law Rupprecht Podszun and Stephan Kreifels 1. INTRODUCTION Three developments mark the advent of data as a topic in competition law. In March 2016, the Bundeskartellamt, the German competition authority, published the news that it had initiated proceedings against Facebook.1 The authority ran a case against the company for abuse of a dominant position by data protection infringements. This was the first enforcement action directly focussing on data in competition law. Before, other cases had dealt with data as assets, but the

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European Competition Law

A Case Commentary

Edited by Weijer VerLoren van Themaat and Berend Reuder

European Competition Law: A Case Commentary explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The selection is based on the interpretative value of the extracts and is limited to the essentials in order to clearly demonstrate how competition rules have been interpreted by the European Commission and the courts. The extracts originate primarily from the decisions of the European Commission and judgments of the Court of Justice of the European Union and the European Court of Human Rights.
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Competition Law and Economics

Developments, Policies and Enforcement Trends in the US and Korea

Edited by Jay P. Choi, Wonhyuk Lim and Sang-Hyop Lee

In this exciting new book, an international team of experts compare market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of an ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada.
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Damien Geradin

15 Competition law Damien Geradin There is a wide body of literature in the field of comparative competition law. The vast majority of this literature, however, seeks to offer comparative insights into US antitrust law and EC competition law.1 Some books have, nevertheless, attempted to compare the competition law regimes of several industrialized countries (see, e.g., Doern and Wilks, 1996, comparing the six ‘model’ policy regimes of the USA, Germany, Japan, the United Kingdom, Canada and the European Union). Other books have attempted to compare an even wider

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Damien Geradin

16 Competition law* 1 Damien Geradin There is a wide body of literature in the field of comparative competition law. The vast majority of this literature, however, seeks to offer comparative insights into US antitrust law and EC competition law. Some books have, nevertheless, attempted to compare the competition law regimes of several industrialized countries (see, e.g., Doern and Wilks, 1996, comparing the six ‘model’ policy regimes of the USA, Germany, Japan, the United Kingdom, Canada and the European Union). Other books have attempted to compare an even

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Peter Groves

A body of law designed to promote or maintain the operation of markets by prohibiting anti-competitive practices, and therefore having a sometimes uneasy relationship with intellectual property rights. Known as antitrust law in the United States (and increasingly elsewhere, though in the European Union it is a subdivision of competition law). The Treaty of Rome, the founding treaty of the European Economic Community, prohibited restrictive agreements and the abuse of a dominant position (Articles 85 and 86, now Articles 101 and 102 of the Treaty on the

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Folkert Wilman

JOBNAME: Wilman PAGE: 1 SESS: 5 OUTPUT: Tue Aug 25 13:54:37 2015 6 COMPETITION LAW A. INTRODUCTION 1. Substantive EU competition law and its application 2. Infringements and damage 3. Article 101(2) TFEU: Contractual remedy B. TOWARDS THE COMPETITION DAMAGES DIRECTIVE 1. Early developments (1960–2000) 2. Legislative reform and Courage case law (2000–05) 3. Green paper, white paper and draft proposal (2005–10) 4. Pfleiderer case law and proposal (2010–13) 6.01 6.01 6.06 6.08 C. COMPETITION DAMAGES DIRECTIVE 1. General issues 2. Actions for damages, qualification