Economic Theory and Competition Law

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany, Laurence Idot, Professor of Law, University of Paris II Panthéon-Assas and Joël Monéger, Professor of Law, University of Paris Dauphine, France

‘Economic Theory and Competition Law constitutes a timely, stimulating contribution to the ongoing debate on the current trends of competition enforcement, not only in Europe but also in other jurisdictions, and especially on the impact that applying the concepts and the categories of economic theory is going to have on this activity. . . Due to its coverage and timeliness, it is very likely to have a considerable impact on the current discussion and also to be of interest to both academics and practitioners active in the field of competition law and policy.'

• Contents: PrefacePART I: THE GOALS OF COMPETITION LAW – A COMPARATIVE PERSPECTIVE1. Economic Analysis in EU Competition Cases Hans W. Friederiszick2. Competition Law and the Institutional Embeddedness of EconomicsDavid J. Gerber3. The Goals of Japanese Competition LawShuya Hayashi4. Efficiency of Competition Law in Economies of Transition5. The Treatment of Efficiencies in South African Merger ConsiderationGeoff ParrPART II: THE STATUS OF EFFICIENCY ANALYSIS IN COMPETITION LAW6. Should Competition Law Promote Efficiency? Some Reflections of an Economist on the Normative Foundations of Competition LawWolfgang Kerber7. Competition Law Should Promote Economic and Social Welfare by Ensuring the Freedom to Compete – A Lawyer’s View Roger Zäch 8. Appropriation of the Legal System by Economic Concepts: Should Conflicting Goals be Considered?Anne Perrot9. Competition Law and Public Policy: Reconsidering an Uneasy Relationship – The Example of Article 81Heike Schweitzer PART III: ECONOMIC ANALYSIS AND COMPETITION LAW IN PRACTICE10. Restrictive Agreements and Unilateral Restraints: Merging Regimes on Market Power and ExclusionThomas Eilmansberger11. Convergence of Competition Law Prohibitions: Foundational IssuesMichal S. Gal12. Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism?Thomas L. Greaney13. Efficiency in Merger Law: Appropriateness of Efficiency Analysis in Ex-ante Assessment?Daniel Zimmer14. Efficient and/or Effective EnforcementMarie-Anne Frison-Roche15. A Brief Overview of Some Conflicts between Economic Efficiency and Effectiveness of the Administrative or Judicial Process in Competition LawAntoine Louvaris16. Conflicts between Economic Efficiency and Effective Judicial ProcessMuriel ChagnyPART IV: GUEST SPEECH17. Efficiency in the Enforcement Policy of the French Conseil de la ConcurrenceBruno LasserreIndex