Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement
Everyone recognizes that competition is the process by which companies are induced to offer consumers the lowest prices and introduce innovations to earn higher profits. Antitrust enforcement should focus on real competition problems, on behaviour that has actual or likely restrictive effects on the market, and which harms consumers; it should be aimed at protecting competition and not competitors. A real revolution in the application of European competition law took place with the modernization package implemented in the last few years, involving the now-decentralized application of Articles 81 and 82 EC, new merger regulations, and the ongoing review of guidelines for the prosecution of abuses of a dominant position. This book presents the proceedings of the First Lisbon Competition Law and Economics Conference under the auspices of the Portuguese Competition Authority. It was a ground-breaking event in which leading European judges and competition enforcers, as well as some of the leading world economists and law professors on competition issues, took a critical look at the instruments of competition policy conceived to implement EC Regulation 1/2003, with a broader focus on modernization in the EU and in the USA. In wide-ranging discussions they evaluated theories of harm to competition for the most frequently-occurring types of abusive behaviour, and developed guidelines for a competition policy that offers both an economically sound framework and a workable and operational tool for making rules that can be enforced effectively and with a reasonable degree of predictability.
Among the many issues arising in the proceedings recorded in this book are the following:
- special powers of investigation;
- leniency programs and individual sanctions;
- the problem of “forum shopping” in the present merger regulation system;
- the impact of regulations and competition on economic growth;
- competition and regulatory costs;
- judicial review of the European Commission merger decisions;
- consumer welfare effects of mergers;
- who should apply competition law to utilities;
- and the link between competition and innovation and the development of a country.
The book will be of immeasurable value to judges, academics, and economic and law practitioners active in competition policy and enforcement, as well as to officials of European national competition authorities. Equally interested will be students of law and economics concerned with competition issues, and non-governmental organizations dealing with consumer protection and private enforcement of competition law. By giving ample evidence of the impact of competition and efficient regulation on economic growth, this far-reaching book will help elucidate the main current topics in need of further reform and underline the importance of competition policy in modern market economies.
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1 Preface 2 Introduction I Opening Speeches II Antitrust enforcement: the modernisation package 3 The impact of Regulation 1/2003 within the EU Rosa Greaves 4 EC Modernisation and Antitrust Law Barry E. Hawk 5 18 months of cooperation within the ECN Emil Paulis III Investigation powers when enforcing Competition Law: EC Regulation 1/2003 and National Competition Laws. Some Procedural Aspects 6 Implications of Regulation 1/2003 in National Courts Frédéric Jenny 7 Are NCAs investigation powers appropriate? Laurence Idot 8 Powers of Investigation, Proc. Rights and Guarantees Wouter Wils IV Competition, regulatory costs, market imperfections and competitiveness 9 Product market reforms: effects on growth Giuseppe Nicoletti and Stefano Scarpetta 10 Competition, Regulatory Cost and Economic Growth Adriaan Dierx, Fabienne Ilzkovitz and Jan H. Schmidt 11 Economic mobility Luis M. B. Cabral V Competition and Regulatory Costs: the case of Portugal 12 Inefficiency in the judicial system Nuno Garoupa, Ana Maria Simões and Vitor Silveira VI The judicial review of the European Commissions merger decisions: the jurisprudence of the European Courts 13 The European Courts.case law in Merger Control Bo Vesterdorf 14 The european merger regime from a national perspective Christopher Bellamy VII The new merger regulation 15 The economic foundations of merger control Massimo Motta 16 The US experience in merger control Luke Froeb VIII Modernization of article 82 of the EC Treaty 17 Modernisation of article 82 Valentine Korah 18 Economic analysis of article 82 Lars-Hendrik Röller 19 Monopolization and dominant position: US and EU views Eleanor M. Fox IX Competition and regulation 20 Competition and regulation Ulf Böge 21 The economics of regulation Richard Whish 22 Cooperation between NCAs and sectoral regulators Miguel Moura e Silva