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Book
The evolving governance of EU competition law in a time of disruptions : a constitutional perspective
Authors: --- ---
ISBN: 1509951806 1509951822 9781509951802 9781509951826 Year: 2022 Publisher: London [England] : [London, England] : Hart Publishing, Bloomsbury Publishing,

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Abstract

"This book develops a timely critique of the complex trends emerging in EU integration as it responds to the 'big issues' of our time. Repeated economic crises, the climate emergency, digitalisation and geopolitical turmoil are all having a profound societal and economic effect. The EU Commission has been adding these 'big issues' as public interest justifications for its competition policy and is adjusting existing approaches and instruments accordingly. This is not without its constitutional implications. Firstly, it impacts on the limits of EU competition law in light of the Treaties. Secondly, it affects the relationship between the relevant actors and the processes through which EU competition law is implemented. This collection brings together EU institutional and competition lawyers, to reflect on the constitutional challenges and governance questions. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: state aid, antitrust and merger control. Both EU constitutional and competition lawyers will be interested in this important new collection."--


Book
Antitrust and the bounds of power - 25 years on
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ISBN: 1509962166 150996214X 9781509962167 9781509962143 Year: 2023 Publisher: Oxford : London : Hart Publishing, Bloomsbury Publishing,

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This collection of essays addresses the transformations ongoing in the field of competition law by analysing current developments through the prism of Giuliano Amato's Antitrust and the Bounds of Power - thereby building an intellectual bridge between past and present. Giuliano Amato's book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market was published by Hart in 1997. It has predicted, articulated, and explained many of the changes that have taken place in competition law in the last 25 years, and it is referred to by generations of competition lawyers as a key theoretical work. There are many mutually invigorating reasons and explanations for the paradigmatic transformations that have occurred in competition law, economics, and policy since the 1990s. Some are triggered by the internal evolution of competition law; others are determined by the broader societal context. In this book, leading competition law thinkers reflect on these metamorphoses; they explore the state of affairs in the field, connecting it with and advancing their analyses through the ideas developed by Giuliano Amato in his ground-breaking book. With an afterword by Giuliano Amato and a foreword by Frederic Jenny, this book is essential reading for anyone interested in the evolution of competition law..


Book
Digital Platforms, Competition Law, and Regulation : Comparative Perspectives
Authors: --- ---
ISBN: 1509969411 1509969403 1509969373 1509969381 9781509969401 9781509969418 Year: 2024 Publisher: London : London : Hart Publishing, Bloomsbury Publishing (UK),

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This open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets. Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market? The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us. Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators.


Book
Fintech Competition : Law, Policy, and Market Organisation
Authors: --- ---
ISBN: 1509963375 1509963340 1509963383 9781509963379 Year: 2023 Publisher: London : London : Hart Publishing, Bloomsbury Publishing (UK),

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This open access book is the first to systematically explore competition policy in fintech markets. Drawing from the expertise of law scholars, economists, and social and natural scientists from the EU and the US, this edited collection explores the competitive dynamics, market organisation, and competition law application in fintech markets. It is the 17th volume in the Swedish Studies in European Law series. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Network for European Legal Studies.


Book
Fighting cross-border cartels : the perspective of the young and small competition authorities
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ISBN: 9781509933686 1509933689 1509933719 1509933700 1509933697 9781509933716 9781509933709 Year: 2020 Volume: 25 Publisher: Oxford ; New York : Hart,

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"This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic"--

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