Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the US and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.
List of contributors
Preface
Introduction by Abel M. Mateus 1
PART I OPENING SPEECHES
1 Speech by the President of the Republic at the opening session of the Seconds Lisbon Conference on Competition Law and Economics by Anibal Cavaco Silva 17
2 Helping Europeans get the best deal: a sound competition policy for well-functioning markets by Neelie Kroes 20
3 Competition policy and consumer protection in the EU by Meglena Kuneva 25
4 Competition policy enforcement in the European Union: state of art and major challenges by Abel M. Mateus 28
PART II JUDICIAL CONTROL OF ADMINISTRATIVE DECISIONS AND PRIVATE ENFORCEMENT
5 Costs and benefits of private and public antitrust enforcement: an American perspective by Douglas H. Ginsburg 39
6 Administrative regulation versus private enforcement - the EU perspective by John D. Cooke 59
7 Improving judicial control of administrative decisions in competetion enforcement by Frederic Jenny 71
8 The effectiveness and limitations of the Portuguese system of competition law enforcement by administrative and civil procedural means by Jose Manuel Servulo Correia 85
PART III MERGER CONTROL IN REGULATED MARKETS AND DYNAMIC ANALYSIS OF NETWORK MARKETS
9 Mergers in regulated industries: electricity by Dennis W. Carlton 125
10 Modelling competition and regulation in wireless telecommunications: a progress report by Luis Cabral 138
PART IV MODERNIZATION OF ANTI-TRUST RULES AND INSTITUTIONS
11 Competition law and policy modernization: lessons from the U.S. common-law experience by Thomas O. Barnett 147
PART V ABUSES OF DOMINANT POSITION AND MONOPOLIZATION: CONCLUSIONS OF THE DEBATES IN THE EU AND USA
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