Research Handbook on Methods and Models of Competition Law

Edited by Deborah Healey, Professor, Faculty of Law, UNSW, Australia, Michael Jacobs, Emeritus Distinguished Research Professor of Law, DePaul University, Chicago, US and Rhonda L. Smith, Senior Lecturer, Department of Economics, University of Melbourne, Australia

• Contents: PART I THE OBJECTS AND ECONOMICS OF COMPETITION LAW1 Competition law in flux: established and emerging approaches to methodology 2Deborah Healey and Rhonda L. Smith2 The ambit of competition law: comments on its goals 12Deborah Healey3 The cost of progress: hurdles facing antitrust’s economic advance 38Alan Devlin4 The relevance of economics in US, EU and Australian competition law 57Geoff Edwards and Jennifer Fish5 The use of economics in competition law enforcement in mainland China and Hong Kong 89Lin Ping and Yan YuPART II THE CONTENT OF THE LAW6 Cartel prohibition and the search for deterrent penalties: the United States, the European Union, Australia and China compared 116Mark Williams7 Algorithm-driven collusive conduct 138Rob Nicholls8 Vertical agreements under EU competition law: proposals for pushing Article 101 analysis, and the modernization process, to a logical conclusion 167Miguel de la Mano and Alison Jones9 Unilateral conduct analysis: focus on harm in multiple guises 204Rhonda L. Smith and Deborah Healey10 Mergers 228Rhonda L. Smith11 Competition law in Japan, Malaysia and the Philippines: an overview 254Mel Marquis12 Building an efficient system of protection of competition in Serbia on its path to the EU 275Dragan Penezic and Zoran Soljaga13 Merger review updates in Latin America 295Fernando FurlanPART III PARTICULAR ISSUES14 The interface between intellectual property rights and competition law: implications for public health in sub-Saharan Africa 313Mor Bakhoum15 Pay for delay in perspective: the impact of adversarial and inquisitorial legalism on pharmaceutical antitrust enforcement 337Sven Gallasch16 The Australian approach to third party infrastructure access under Part IIIA of the Competition and Consumer Act 2010 366Alice MuhlebachPART IV ENFORCEMENT17 The EU method of antitrust enforcement 392Andreas Stephan18 Cartel enforcement: critical reflections from the South African experience 415Simon Roberts19 Procedure and substance in China’s merger control regime 437Wang Xiaoye and Adrian EmchPART V COMPETITION POLICY AND OTHER ISSUES20 An effective way to keep power in an institutional cage: legislation and regulation of administrative monopoly 453Xu Shiying21 Competition advocacy: a broader perspective 472Allan Fels and Wendy Ng22 Export cartels in times of populist protectionism: challenges and options for young and small competition agencies 490Pierre M. Horna and Leonila P. Papa23 Complementarities and tensions between competition and trade law and policy 508Hassan QaqayaIndex