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The Interaction of Competition Law and Sector Regulation

The Interaction of Competition Law and Sector Regulation
Author: Pier L. Parcu
Publisher: Edward Elgar Publishing
Total Pages: 289
Release: 2022-11-04
Genre: Law
ISBN: 1800888708

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This insightful book discusses the interaction of sector-specific regulation and competition policy. In particular, it identifies emerging trends and reflects on the nature of network regulation in the energy and telecom industries.


Competition Law as Regulation

Competition Law as Regulation
Author: Josef Drexl
Publisher: Edward Elgar Publishing
Total Pages: 456
Release: 2015-10-30
Genre: Law
ISBN: 1783472596

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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. Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.


On the edge of antitrust

On the edge of antitrust
Author: Alexandre De Streel
Publisher:
Total Pages: 366
Release: 2006
Genre: Antitrust law
ISBN:

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The Relationship Between Competition Law and Sector Specific Regulation

The Relationship Between Competition Law and Sector Specific Regulation
Author: Alexandre de Streel
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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This paper studies the convergence and the remaining divergences of European competition and sector regulation in the electronic communications sector. It shows that (1) antitrust authorities are justified to intervene more intensively in the electronic communications sector than in the other sectors of the economy; (2) the remaining divergences between antitrust and sector regulation should determine the scope of later, hence sector regulation should be applied when there are structural (economic or legal) entry barriers or network effects; (3) contrary to the European practice, it is better to base sector regulation on an independent economic concept linked to the objectives of regulation (like the concept of “bottleneck”); (4) NRAs should be cautious not to automatically extend a regulatory approach suited for infrastructures laid down under legal monopoly conditions to new Schumpeterian infrastructures and should be less hypocritical about their actions.


The Interplay Between Competition Law and Intellectual Property

The Interplay Between Competition Law and Intellectual Property
Author: Gabriella Muscolo
Publisher: Kluwer Law International B.V.
Total Pages: 566
Release: 2019-01-17
Genre: Law
ISBN: 9041186905

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Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields


The Analysis Of Competition Policy And Sectoral Regulation

The Analysis Of Competition Policy And Sectoral Regulation
Author: Martin Peitz
Publisher: World Scientific
Total Pages: 514
Release: 2014-07-07
Genre: Business & Economics
ISBN: 9814616370

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This volume contains a selection of papers that were presented at the CRESSE Conferences held in Chania, Crete, from July 6th to 8th, 2012, and in Corfu from July 5th to 7th, 2013. The chapters address current policy issues in competition and regulation. The book contains contributions at the frontier of competition economics and regulation and provides perspectives on recent research findings in the field. Written by experts in their respective fields, the book brings together current thinking on market forces at play in imperfectly competitive industries, how firms use anti-competitive practices to their advantage and how competition policy and regulation can address market failures. It provides an in-depth analysis of various ongoing debates and offers fresh insights in terms of conceptual understanding, empirical findings and policy implications. The book contributes to our understanding of imperfectly competitive markets, anti-competitive practices and competition policy and regulation.


Regulatory Competition in the Internal Market

Regulatory Competition in the Internal Market
Author: Barbara Gabor
Publisher: Edward Elgar Publishing
Total Pages: 349
Release: 2013-01-01
Genre: Law
ISBN: 1781003386

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"Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences. The books conceptual framework covers the most relevant drivers of competition, including legal actors incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy. Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers legislator, regulator, judiciary at both national and European levels."--Publisher


The Interaction Between Competition Law and Corporate Governance

The Interaction Between Competition Law and Corporate Governance
Author: Florence Thépot
Publisher: Cambridge University Press
Total Pages: 317
Release: 2019-02-14
Genre: Business & Economics
ISBN: 1108422497

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This book explores the interaction between competition law and corporate governance. It will appeal to an audience of lawyers and non-lawyer competition professionals in the US, UK, and EU, as well as other jurisdictions with competition law regimes.


Services of General Economic Interest in EU Competition Law

Services of General Economic Interest in EU Competition Law
Author: Lei Zhu
Publisher: Springer Nature
Total Pages: 320
Release: 2020-05-08
Genre: Law
ISBN: 9462653879

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This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.