Competition Law and Economics

Edited by Abel M. Mateus, former President of the Portuguese Competition Authority, Professor of Economics, New University of Lisbon, Portugal, Visiting Professor, University College of London, UK and New York University, US and Teresa Moreira, UNCTAD - Palais des Nations, Switzerland

‘This book offers a wealth of thoughts and insights on the law and economics of competition policy enforcement in the EU and North America. Most papers are easily accessible to non-specialist readers, and even the economists’ papers are written in a non-technical fashion. The book therefore makes attractive reading for anyone interested in the enforcement of competition policy.’

• Contents:Preface IntroductionAbel M. Mateus PART I: OPENING SPEECHES1. Speech by the President of the Republic at the Opening Session of the Second Lisbon Conference on Competition Law and EconomicsAníbal Cavaco Silva2. Helping Europeans Get the Best Deal: A Sound Competition Policy for Well-functioning MarketsNeelie Kroes3. Competition Policy and Consumer Protection in the EUMeglena Kuneva4. Competition Policy Enforcement in the European Union: State of Art and Major ChallengesAbel M. MateusPART II: JUDICIAL CONTROL OF ADMINISTRATIVE DECISIONS AND PRIVATE ENFORCEMENT5. Costs and Benefits of Private and Public Antitrust Enforcement: An American PerspectiveDouglas H. Ginsburg 6. Administrative Regulation versus Private Enforcement – the EU PerspectiveJohn D. Cooke 7. Improving Judicial Control of Administrative Decisions in Competition EnforcementFrédéric Jenny 8. The Effectiveness and Limitations of the Portuguese System of Competition Law Enforcement by Administrative and Civil Procedural MeansJosé Manuel Sérvulo Correia PART III: MERGER CONTROL IN REGULATED MARKETS AND DYNAMIC ANALYSIS OF NETWORK MARKETS9. Mergers in Regulated Industries: ElectricityDennis W. Carlton 10. Modelling Competition and Regulation in Wireless Telecommunications: A Progress ReportLuís Cabral PART IV: MODERNIZATION OF ANTI-TRUST RULES AND INSTITUTIONS 11. Competition Law and Policy Modernization: Lessons from the U.S. Common-law ExperienceThomas O. Barnett PART V: ABUSES OF DOMINANT POSITION AND MONOPOLIZATION: CONCLUSIONS OF THE DEBATES IN THE EU AND USA12. Abuses of Dominant Position and Monopolization: Conclusions of the Major Debates in the EU and USAEmil Paulis 13. Abuses of Dominant Position, Intellectual Property Rights and Monopolization in EU Competition Law: Some Thoughts on a Possible Course of ActionInge Govaere 14. Abuses of Dominant Position and Monopolization: An Economic PerspectivePatrick Rey 15. The Current Debate About Section 2 of the Sherman Act: Judicial Certainty versus Rule of ReasonBarry E. Hawk 16. The Legal Periphery of Dominant Firm ConductHerbert Hovenkamp 17. Monopolization and the Fading Dominant FirmTimothy F. Bresnahan PART VI: COMPETITION AND INDUSTRIAL POLICIES IN A GLOBALIZED WORLD18. Do National Champions Have Anything to do with Economics?Anne Perrot 19. Competition Policy and Competitiveness in EuropeJohn Fingleton 20. Ownership, Performance and National ChampionsDamien Neven 21. Antitrust Policy and Industrial Policy: A View from the U.S.Lawrence J. White 22. Recent Canadian Policy Towards Industry: Competition Policy, Industrial Policy and National ChampionsThomas W. Ross PART VII: TOWARDS A MORE EFFICIENT APPROACH TO STATE AID23. Economics in State Aid: Soon as Routine as Dentistry?Lowri Evans and Harold Nyssens 24. The New Approach to State Aid: Contributions and Limits from Case Law of the European CourtsMassimo Merola and Marie DebieuvreIndex