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It is the thesis of this fascinating and highly instructive book on
competition law that an examination of one landmark case, scenario, or 'saga'
each from a range of legal systems leads to a thorough understanding of the
issues informing and arising from competition policy, law, and legal practice.
To that end, leading scholars from 14 jurisdictions enhance their academic
authority and rigour with an element of panache to describe a particularly
salient case in each of their countries, commenting in depth on the
contribution of the case to the development of their particular competition
law culture and to the case’s enduring significance for competition law and
its enforcement from a global perspective. There are chapters for each of
thirteen countries as well as the European Union, preceded by an informative
and thoughtful introduction. For each landmark case selected, the legislative
background, the case facts, and the legal ruling and reasoning are all
minutely described, along with commentary, critique, and assessment of the
case’s impact and contemporary significance. The cases cover vast swathes of
the competition law territory in terms of substance and procedure, dealing
with cartels, abuse of dominance, mergers, and vertical restraints, and
involving diverse forms of public and private enforcement processes.
Aspects covered include the following:
the public interest test;
bid-rigging in public procurement;
the entitlement of dominant companies to compete on a level footing with other
the hard-to-draw line between legitimate competition and unlawful monopolizing
the dangers of eclectic borrowing in the development and interpretation of
competition law rules;
horizontal price-fixing collusion ‘hub and spoke’ cartels;
resale price maintenance agreements and the U.S. ‘rule of reason’;
the increasing use of private enforcement and the right for victims of a
competition law infringement to seek compensation;
merger control in energy markets and the political use of merger review rules
to benefit domestic firms;
cooperation with criminal enforcement agencies and prosecutors;
the role courts play in undertaking adequate legal supervision of competition
leniency processes and obtaining access to ‘confidential’ whistleblowing
imposition of administrative fines and other deterrence-based sanctions; and
how the ‘consumer welfare’ standard is interpreted.
More than a set of landmark case descriptions, this book, in which many
chapters reflect upon recent and consider further future significant reforms,
demonstrates that competition law and its enforcement processes form part of a
chronological narrative, and that it is important to understand the broader
legal, social, and economic context within which competition law and policy
develop. This wider perspective will prove immeasurably valuable to the many
practitioners, business people, jurists, and policy makers engaged in the
shaping of competition law in any jurisdiction, and will moreover be essential
reading for postgraduate students studying any aspects of comparative
competition law enforcement.
Editor and List of Contributors. Introduction Barry J. Rodger.
CHAPTER 1 Australia Caron Beaton-Wells. CHAPTER 2
Brazil Paula A. Forgioni & Maira Yuriko Rocha Miura. CHAPTER
3 Canada Edward M. Iacobucci. CHAPTER 4 European
Union Arianna Andreangeli. CHAPTER 5 Germany
Sebastian Peyer. CHAPTER 6 Hungary K.J. Cseres & P.
Szilágyi. CHAPTER 7 Italy Michele Carpagnano.
CHAPTER 8 Japan Simon Vande Walle. CHAPTER 9 The
Netherlands Anna Gerbrandy & Eva Lachnit. CHAPTER 10
New Zealand Rex Tauati Ahdar. CHAPTER 11 South Africa
Philip Sutherland. CHAPTER 12 Spain Francisco Marcos.
CHAPTER 13 United Kingdom Barry J. Rodger. CHAPTER 14
United States Richard Brunell. Index.
"This remarkable book is looking into series of high profile
competition law cases around the world. It gives comprehensive analysis of
each case, starting off with the legal issues adding the economic, social,
cultural and political aspects equally into the equations.
This is undoubtedly a valuable reading also for business people who are not
interested so much in the in-depth legal analysis, but seek to understand
wider complexities of the competition law and policy, with which they have to
deal daily from their own unique perspective. The same goes for the policy
makers, since the upcoming reforms embodied in (hopefully) improved
legislation they so keenly put forward, should be based on more than merely
legal concerns, and should reflect the cultural, economic and social reality
of the society these new laws are set to rule."
World Competition, volume 37 issue 1 - Andrej Fatur