State-Initiated Restraints of Competition

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany and Vicente Bagnoli, Professor of Law, Mackenzie Presbyterian University – Law School, São Paulo, Brazil

‘The issue of competition law's role in relation to state-owned enterprises is at the center of many discussions of competition law today, especially in regard to China, but in numerous other countries as well. Often the issue is oversimplified as one of mere opposition between state-owned enterprises and the objectives of competition law. That opposition exists, but the issues are often far more complex, and they involve fundamental current developments in the relationship between government and the economy. This book is masterful in identifying the range of issues involved and in analyzing the experiences and tensions in this relationship. It has a broad range, and several of the contributions are exceptionally insightful. All are very useful.’

• Contents: PrefacePART ISTATE-OWNED ENTERPRISES1. Competitive Neutrality: Addressing Government Advantage in Australian MarketsDeborah Healey2. Petrobràs: State Monopoly and Competition Policy Gilberto Bercovici3. The Principle of Subsidiarity as the Essential Restriction on Peruvian State Business Activity under Pro-Competitive ConditionsTania Zuñiga Fernández4. The Competition Dimension of the European Regulation of Public Sector Information and the Concept of an UndertakingJosef DrexlPART IIPRO-COMPETITIVE REGULATION5. Deepening the Freedom of Services Through Pro-Competitive Regulation: The Case of the EU Services DirectiveMaria Manuel Leitão Marques and Leonor Bettencourt Nunes6. Abuse of Administrative Monopoly in ChinaThomas K. Cheng7. The Competition Policy Dimension of the Regulation of Water and Sanitation Services in BrazilGesner Oliveira8. Pro-Competitive Regulation of Personal Data Protection in the EUSimonetta VezzosoPART II ANTI-COMPETITIVE MARKET INTERVENTION AND REGULATION9. The Suppression of the Competition Policy Agenda in the Context of an Over-Regulated Economy: The Case of VenezuelaClaudia Curiel Leidenz10. Competition and the Imposition of Investment Targets in the Brazilian Pay-TV MarketArthur Barrionuevo and Pedro Dutra11. Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated CompetitionRudolph J.R. PeritzPART IV PUBLIC PROCUREMENT AND STATE SUBSIDIES12. Benefits of Competition Policy in Public Procurement with Special Reference to IndiaS. Chakravarthy13. Distinguishing State and Private Subsidies: A Closer,Look at the State Character TestThomas JaegerINDEX