More Common Ground for International Competition Law?

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany, Warren S. Grimes, Southwestern Law School, US, Clifford A. Jones, University of Florida, US, the late Rudolph J.R. Peritz, formerly Professor and Director, IProgress Project, New York Law School, US and Edward T. Swaine, George Washington University Law School, US

'This fresh collection of essays by scholars from around the world lives up to its title: it stakes out more common ground for the competition law systems of nations. The chapters result from the fourth annual conference of the Academic Society for Competition Law (ASCOLA). The essays cover major issues that reverberate around the world today, including: How should we think about the economic foundations of competition law in view of new research on behavioral economics and consumer choice? What is the future of the treatment of resale price maintenance? What is the proper fit of intellectual property with competition law? And how do we promote competition law and policy across borders? The collection offers insight from law, economics, political science, business strategy, and history.'--Eleanor Fox, New York University, US'This volume contains many excellent chapters on some of the most cutting edge topics in competition law today. Among the contributions are assessments of new approaches to competition law analysis, analyses of central and controversial topics in the relationship between competition law and intellectual property, and explorations of new transnational developments in China and elsewhere. The chapters range from studies of specific cases to broad interpretations of major trends. I found many of them to be highly insightful and very useful.'--David J. Gerber, Chicago-Kent, College of Law, US'It is of great value to academics, and also to lawyers and economists.'--Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

• Contents:PrefacePART I: ECONOMIC FOUNDATIONS OF COMPETITION LAW1. Are People Self-interested? The Implications of Behavioral Economics on Competition PolicyMaurice E. Stucke2. Consumer Choice as the Best Way to Recenter the Mission of Competition LawRobert H. Lande3. Protecting Consumer Choice: Competition and Consumer Protection Law TogetherNeil W. Averitt4. Is Competition Law Part of Consumer Law?Paul L. NihoulPART II: INDIVIDUAL JURISDICTIONS AND INTERNATIONAL PERSPECTIVES5. Resale Price Maintenance: A Reassessment of its Competitive Harms and BenefitsMarina Lao6. The Leegin Case: A US Antitrust Chief Event versus a Storm in a European Teacup?Josef Bejček7. Competition Law Issues Concerning Related Markets and their Treatment under EU Competition LawThomas Eilmansberger8. A Comparative Look at the Competition Law Control of State-owned Enterprises and Government in ChinaDeborah Healey9. Australia’s Criminalization of Cartels: Will it be Contagious?Caron Beaton-WellsPART III: INTELLECTUAL PROPERTY AND COMPETITION LAW10. Patent Ambush Strategies and Article 102 TFEUAndreas Fuchs11. Three Statutory Regimes at Impasse: Reverse Payments in Pay-for-Delay Settlement Agreements between Brand-name and Generic Drug CompaniesRudolph J.R. Peritz12. Patent Ambush and Reverse Payments: CommentsGustavo Ghidini13. Intellectual Property in Competition: How to Promote Dynamic Competition as a GoalJosef Drexl14. Industrial Standards and Technology Pools: A Regulatory Challenge for EU Competition LawSteven AndermanPART IV: PROMOTING COMPETITION POLICY NATIONALLY AND ACROSS BORDERS15. International Antitrust Solutions: Discrete Steps or Causally Linked?Michal S. Gal16. Penumbras of European Union Competition Law: External Governance, Extraterritoriality, and the Shifting Borderlands of the Internal MarketClifford A. Jones17. The Role of Non-governmental Organizations in the Development of Competition LawAlbert A. FoerIndex