Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Ghent University, Belgium, Reinhard Quick, Saarland University, Germany and Marco Bronckers, University of Leiden, the Netherlands

‘Trade and Competition Law in the EU and Beyond is a remarkable collection of scholarly contributions of relevance to academics, practitioners and officials interested not only in rules governing international trade and competition, but also in international economic law in general. The authorship is diversified, representing views of commentators from many countries, and the focus of individual contributions is not only on law de lege lata but also de lege ferenda greatly adding to the volume’s value and its input in the ongoing academic discourse.’

• Contents:PrefaceInge Govaere, Marco Bronckers and Reinhard QuickForewordPaul DemaretForewordKoen LenaertsForewordCarl BaudenbacherPART I: TRADE AND COMPETITION1. Competition and Trade Policy and the Challenge of Globalisation Jacques Steenbergen2. Towards a WTO Business-Enabling CompactStefan D. Amarasinha and Simon J. EvenettPART II: TRADERules and Rulemaking3. Challenges in International Monetary LawThomas Cottier and Tetyana Payosova4. From Reluctant Participant to Key Player: EU and the Negotiation of the GATS Juan A. Marchetti and Petros C. Mavroidis5. Article IV of the GATT: An Obsolete Provision or Still a Basis for Cultural Policy? Lothar Ehring6. The Debate Continues: Are Border Adjustments of Emission Trading Schemes a Means to Protect the Climate or are they ‘Naked’ Protectionism? Reinhard Quick7. EU Common Commercial Policy Throwing Off the Shackles of ‘Mixity’ Inge Govaere8. The Negotiations of a New Anti Dumping Agreement (ADA) in the DDA – Some Observations Hannes Welge9. The EU and Free Trade: Can We Still Afford It?Gérard DepayreInterpretation and Dispute Settlement10. Modern Approaches to Treaty InterpretationJohn H. Jackson11. WTO Dispute Settlement: Promise Fulfilled?William J. Davey12. Consolidation of WTO Dispute Settlement Proceedings before Panels and the Appellate Body Raimund Raith13. Can the EU’s Disregard for ‘Strict Observance of International Law’ (Article 3 TEU) be Constitutionally Justified? Ernst-Ulrich Petersmann14. The Effect of WTO Dispute Decisions in EU Law – Autonomy or Autarky? Piet Eeckhout15. The Domestic Law Effect of the WTO in the EU – A Dialogue with Jacques Bourgeois Marco Bronckers16. The Court of Justice and Unrecognized Entities under International LawPieter Jan Kuijper17. The Brita Ruling of the European Court of Justice: A Few CommentsMarc Maresceau18. The Standing Requirements for Bringing a Direct Action before the General Court in the Field of Trade Defence and Customs Following the Entry into Force of the TFEU Philippe De BaerePART III: COMPETITIONAgreements19. Vertical Restraints and Online Sales in the Era of Modernization: Is the New Regime ‘Modern’ Enough? Massimo Merola and Leonardo Armati20. Parallel Trade: Econ-oclast Thoughts on a Dogma of EU Competition Law Nicolas PetitAbuses and Mergers21. How to Treat Aftermarkets under Article 102 TFEUHendrik Bourgeois22. The British Airways Judgment – What are the ‘Underlying Factors’ in Exclusionary Abuses? John Temple Lang23. Magill RevisitedIan S. Forrester24. Refusal to Supply and Margin Squeeze: A Discussion of Why the ‘Telefonica Exceptions’ are Wrong Damien Geradin25. Making Sense of the Reactions to the 2010 US Horizontal Merger Guidelines Barry E. Hawk and James A. KeyteState Aid26. From Trade to Tutelage: State Aid and Public Choice in the European Union William BishopEnforcement and Litigation27. Public and Private Enforcement of Competition LawJosé Rivas28. When the Judge Prosecutes, Power Prevails Over LawCatherine Smits and Denis Waelbroeck29. Shaping or Administrating the Law? Reflections on the European Courts’ Decision-making Practice in the Field of Competition LawFrank MontagIndex