Overview

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. Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US.   This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.

Full Product Details

Author:   David Bosco ,  Michal S. Gal
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781839109065

ISBN 10:   1839109068
Pages:   288
Publication Date:   23 April 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: Introduction viii PART I NEW CHALLENGES IN THE DIGITAL SPHERE 1 Cooperation, dependence, and eviction: how platform-to-business coopetition relationships should be addressed in mobile telephony ecosystems 2 Frédéric Marty and Julien Pillot 2 Technological tying: unbundling the assumptions 22 Stephen Dnes 3 Understanding the role of agricultural data on market power in the emerging Digital Agriculture sector: a critical analysis of the Bayer/Monsanto decision 41 Can Atik PART II NEW CHALLENGES TO EMERGING COUNTRIES 4 Merger control in China’s digital economy: challenges and prospects 80 Wei Han and Yajie Gao 5 The adoption of specialised competition tribunals in Latin American countries: transplants and commonalities among them 106 Claudia O’Kane 6 Where influence lies in the international competition network 124 Christopher Townley 7 Cartels’ little helpers: a comparative study of the case law regarding the facilitators of collusion in Europe, United States and South America 161 Andrés Calderón PART III NEW INSTITUTIONAL CHALLENGES 8 Public interest considerations in European merger control regimes 184 Oliver Budzinski and Annika Stöhr 9 Formalism, fairness and freedom of contract: abuse of dominance in the UK courts and the business ‘Achilles heel’ of objective justification 206 Barry J. Rodger 10 Using trade tools to counteract anticompetitive conduct within global value chains: competition chapters in trade agreements 238 Galyna Kostiukevych Index

Reviews

'This is an impressive book, featuring contributions from all over the world and organized around a critical, under-examined theme: What assumptions are relied on in competition law analysis, and are they fit for the purpose as applied to globalized and digitalized markets? The reader will find some new voices and fresh thinking, as typically assembled and provoked by ASCOLA, the international academic society of competition law researchers.' - Eleanor Fox, New York University, US

'This is an impressive book, featuring contributions from all over the world and organized around a critical, under-examined theme: What assumptions are relied on in competition law analysis, and are they fit for the purpose as applied to globalized and digitalized markets? The reader will find some new voices and fresh thinking, as typically assembled and provoked by ASCOLA, the international academic society of competition law researchers.' -- Eleanor Fox, New York University, US

Author Information

Edited by David Bosco, Professor, Aix-Marseille Université, France and Michal S. Gal, Professor and Director, Center for Law and Technology, University of Haifa, Israel

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