State-Initiated Restraints of Competition
Published on 27. February 2015
Book
Hardback
352 pages
978-1-78471-497-0 (ISBN)
Description
This new book addresses important current problems and challenges arising from a large variety of state-initiated restraints. Beyond state-owned enterprises, rules on government procurement and the control of state subsidies, the contributions also analyze forms of regulation that either distort competition or manage to introduce competition in the market.The contributions of leading competition law scholars cover state-initiated restraints of competition in many jurisdictions, including the US, the EU, Australia, and Asian and Latin American countries.
Competition and trade law scholars will find this book both relevant and insightful. Regulators and competition agencies, representatives of international organizations and competition law practitioners will also find this to be an invaluable resource of information from which they can take new inspiration.
Contributors: A. Barrionuevo, G. Bercovici, L. Bettencourt Nunes, S. Chakravarthy, T.K. Cheng, C. Curiel Leidenz, J. Drexl, P. Dutra, D. Healey, T. Jaeger, M.M. Leitao Marques, G. Oliveira, R.J.R. Peritz, S. Vezzoso, T. Zuniga Fernandez
Competition and trade law scholars will find this book both relevant and insightful. Regulators and competition agencies, representatives of international organizations and competition law practitioners will also find this to be an invaluable resource of information from which they can take new inspiration.
Contributors: A. Barrionuevo, G. Bercovici, L. Bettencourt Nunes, S. Chakravarthy, T.K. Cheng, C. Curiel Leidenz, J. Drexl, P. Dutra, D. Healey, T. Jaeger, M.M. Leitao Marques, G. Oliveira, R.J.R. Peritz, S. Vezzoso, T. Zuniga Fernandez
Reviews / Votes
'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.' -- David Gerber, Illinois Institue of Technology, US 'This book is an important and most welcome contribution to the study of state-initiated restraints on competition. It gathers together leading academics in order to recognize and suggest tools to ensure that such restraints do not restrict competition in a way which reduces welfare. Accordingly, the book provides important insights on how to identify such restraints in different settings, some of which are intentional and well recognized and some of which are not. It then suggests principled approaches to reduce such restraints, based, inter alia, on case studies from around the world, including Australia, India, the EU, the US and Brazil. It is highly recommended for anyone interested in the role states play in creating restraints on competition.' -- Michal S. Gal, University of Haifa, IsraelMore details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78471-497-0 (9781784714970)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
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, Sao Paulo, Brazil
Content
Contents:
Preface
PART I STATE-OWNED ENTERPRISES
1. Competitive Neutrality: Addressing Government Advantage in Australian Markets
Deborah Healey
2. Petrobras: State Monopoly and Competition Policy
Gilberto Bercovici
3. The Principle of Subsidiarity as the Essential Restriction on Peruvian State Business Activity under Pro-Competitive Conditions
Tania Zuniga Fernandez
4. The Competition Dimension of the European Regulation of Public Sector Information and the Concept of an Undertaking
Josef Drexl
PART II PRO-COMPETITIVE REGULATION
5. Deepening the Freedom of Services Through Pro-Competitive Regulation: The Case of the EU Services Directive
Maria Manuel Leitao Marques and Leonor Bettencourt Nunes
6. Abuse of Administrative Monopoly in China
Thomas K. Cheng
7. The Competition Policy Dimension of the Regulation of Water and Sanitation Services in Brazil
Gesner Oliveira
8. Pro-Competitive Regulation of Personal Data Protection in the EU
Simonetta Vezzoso
PART II ANTI-COMPETITIVE MARKET INTERVENTION AND REGULATION
9. The Suppression of the Competition Policy Agenda in the Context of an Over-Regulated Economy: The Case of Venezuela
Claudia Curiel Leidenz
10. Competition and the Imposition of Investment Targets in the Brazilian Pay-TV Market
Arthur Barrionuevo and Pedro Dutra
11. Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated Competition
Rudolph J.R. Peritz
PART IV PUBLIC PROCUREMENT AND STATE SUBSIDIES
12. Benefits of Competition Policy in Public Procurement with Special Reference to India
S. Chakravarthy
13. Distinguishing State and Private Subsidies: A Closer,Look at the State Character Test
Thomas Jaeger
INDEX
Preface
PART I STATE-OWNED ENTERPRISES
1. Competitive Neutrality: Addressing Government Advantage in Australian Markets
Deborah Healey
2. Petrobras: State Monopoly and Competition Policy
Gilberto Bercovici
3. The Principle of Subsidiarity as the Essential Restriction on Peruvian State Business Activity under Pro-Competitive Conditions
Tania Zuniga Fernandez
4. The Competition Dimension of the European Regulation of Public Sector Information and the Concept of an Undertaking
Josef Drexl
PART II PRO-COMPETITIVE REGULATION
5. Deepening the Freedom of Services Through Pro-Competitive Regulation: The Case of the EU Services Directive
Maria Manuel Leitao Marques and Leonor Bettencourt Nunes
6. Abuse of Administrative Monopoly in China
Thomas K. Cheng
7. The Competition Policy Dimension of the Regulation of Water and Sanitation Services in Brazil
Gesner Oliveira
8. Pro-Competitive Regulation of Personal Data Protection in the EU
Simonetta Vezzoso
PART II ANTI-COMPETITIVE MARKET INTERVENTION AND REGULATION
9. The Suppression of the Competition Policy Agenda in the Context of an Over-Regulated Economy: The Case of Venezuela
Claudia Curiel Leidenz
10. Competition and the Imposition of Investment Targets in the Brazilian Pay-TV Market
Arthur Barrionuevo and Pedro Dutra
11. Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated Competition
Rudolph J.R. Peritz
PART IV PUBLIC PROCUREMENT AND STATE SUBSIDIES
12. Benefits of Competition Policy in Public Procurement with Special Reference to India
S. Chakravarthy
13. Distinguishing State and Private Subsidies: A Closer,Look at the State Character Test
Thomas Jaeger
INDEX