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See version in english European Yearbook of International Economic Law (EYIEL), Vol. 4, Christoph HERRMANN, Markus KRAJEWSKI and Jörg Philipp TERHECHTE (dir.)

BIBLIOGRAPHIE : HERRMANN Christoph, KRAJEWSKI Markus et TERHECHTE Jörg Philipp (dir.), Springer, 2013, 602 p.

European Yearbook of International Economic Law (EYIEL), Vol. 4, Christoph HERRMANN, Markus KRAJEWSKI et Jörg Philipp TERHECHTE (dir.)

Christoph Herrmann, Jörg-Philipp Terhechte, Markus Krajewski

Cette rubrique recense et commente les ouvrages et autres publications en droit de la concurrence, droit & économie de la concurrence et en droit de la régulation. Une telle recension ne peut par nature être exhaustive et se limite donc à présenter quelques publications récentes dans ces matières. Auteurs et éditeurs peuvent envoyer les ouvrages à l’intention du responsable de cette rubrique :

Fourth volume in the excellent series of European Yearbook of International Economic Law (EYIEL) published yearly by Springer, the book under review deserves to be brought to the attention of those interested or involved with competition law because it contains a special and substantial (248 pages) focus on international competition policy and law.

Originally (in the 1960s and in the 1970s) dealt with a focus mainly on the extraterritorial application of competition laws, the topic of international competition law and policy has since been given a much wider meaning. This is also a consequence of the Commission’s choice to conclude bilateral agreements in that particular field (see Ehlermann, The international Dimension of Competition Policy, in Fordham International Law Journal, 1993, pag. 833-845). This trend has not stopped and today, as remarked by the editors of the book under review, international competition law is commonly perceived as “a complex multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral cooperation agreements but also competition provision in regional trade agreements and non-binding guidelines and standards” (page v).

The contributions contained in the volume emphasize the diversity and different elements of such “part” of competition law.

William Kovacic looks at approaches to creating stronger competition law institutions. Building up on his own personal experience of former Chairman of the US Federal Trade Commission (FTC), a self-assessment study carried out by the FTC in 2008, and experience gathered working with individual jurisdictions on the management, organization and strategy of competition systems, Kovacic discusses and reviews good agencies practices and provides some useful suggestions.

The relationship between trade law and competition law is dealt with in the following three essays. For example, Alden Abbott and Shanker Singham argue that competition law and trade law, although serving different goals (sanctioning anticompetitive business conducts and imposing restrictions on business transactions that cross national boundaries, respectively), both promote welfare. With this in mind, the authors review the limited efforts of the WTO to deal with anticompetitive market distortions.

There is also a set of essays more focused on EU competition law. Anestis Papadopoulos, for example, reviews the development of the external competition law of the EU. Looking at the issue of the extraterritoriality of competition law, he observes that “when important interests are at stake, recent history has showed that the EU (especially the Commission) has been eager to apply EU rules in an extraterritorial manner” (page 107).

Finally, it is worth mentioning a very informative essay on competition law in Africa. The last essay discusses “to what extent the self-constitutionalization of private regimes may be understood as a privatization of competition law” (pag. 202).

In addition to the above, which is already a good reason to get a copy of the book under review, there are just less than 400 pages on classic issues relating to international economic law (from regional economic integration issues to recent institutional developments within, amongst others, the International Monetary Fund and the World Trade Organization).

In conclusion, the book contains a very interesting set of essays dealing the international dimension of competition law. Very informative e thought provoking, they will appeal practitioners as well as scholars and public officials.

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Riccardo Sciaudone, European Yearbook of International Economic Law (EYIEL), Vol. 4, Christoph HERRMANN, Markus KRAJEWSKI et Jörg Philipp TERHECHTE (dir.), January 2015, Concurrences Review N° 1-2015, Art. N° 70686, p. 258

Editor Springer

Date 2 April 2013

Number of pages 606

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