States influence competition in the market in various ways. They often act themselves as market participants through state-owned enterprises. They regulate markets and specific sectors of the economy such as public utilities in particular. In some instances, market regulation explicitly aims to promote competition in the market. In other instances, regulatory schemes and decisions may inadvertently distort competition or openly promote conflicting objectives and even anti-competitive goals. Furthermore, states can distort competition among firms when they act as purchasers of goods and services as well as when they grant subsidies to individual firms. This book assembles contributions by competition law scholars who present new insights on the diversity of problems and challenges arising from state-initiated restraints of competition in jurisdictions from all around the world, not only including the EU and the US, but also Latin American countries, China, India and Australia.
Contents: Preface PART 1 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 2 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 Water and Sanitation Services in Brazil Gesner Oliveira 8. Pro-Competitive Regulation of Personal Data Protection in the EU Simonetta Vezzoso PART 3 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. An Essay on Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated Competition Rudolph J.R. Peritz PART 4 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
