Global competition enforcement. New players, new challenges, Paulo BURNIER DA SILVEIRA and William Evan KOVACIC (dir.)

Paulo Burnier da Silveira, William E. Kovacic

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to catherine.prieto@univ-paris1.fr for review in this section.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article.

Edited by William Evan Kovacic (Professor at George Washington University) and Paulo Burnier da Silveira (Professor at the University of Brasilia), this book is the product of the collaboration of some thirty authors from a variety of professional and geographical backgrounds, thus combining the experience of representatives of various competition authorities, academics, practitioners and judges from Europe, America, Africa and Asia. This project was based on the observation that the global competitive landscape has changed rapidly and profoundly in recent years. The globalisation of trade has led to the globalisation of competition issues, and raises the need for concerted action by state authorities. In this context, the book offers a welcome reflection on international cooperation in the fight against restrictive behaviour. Following a critical approach, it takes stock of existing mechanisms, highlights their strengths and weaknesses, before considering potential future developments. In addition to questions of cooperation, this study addresses, in a comparative perspective, the individual experiences of a large number of countries, including emerging countries.

The book is anchored in current events. It deals, as a priority, with the contemporary issues facing competition law(s) today. Thus the first part focuses on the challenges posed by the digital economy. It first provides an overview of the issues raised by the new digital technologies, before delving into some of them in greater depth. Particular attention is paid to electronic commerce. The competition concerns raised are numerous. A prominent place is reserved here for an analysis of the responses proposed by the Indian, Russian and Mexican competition authorities. The comparison reveals both convergences and divergences in the approach adopted by each of them.

The second part deals with the application of the law on anti-competitive practices in certain more traditional sectors, such as the telecoms, automobile or public procurement sectors. For each of these sectors, however, the analysis is systematically carried out through the prism of recent or pending cases, in order to illustrate the renewal of the difficulties encountered. Emphasis is once again placed on the decision-making practice of certain national authorities in particular, namely the Mauritian, Japanese, Brazilian and Peruvian authorities. But an interesting perspective is provided by a contribution on the Andean Community’s activities and the systems of inter-state cooperation provided for within it.

The third part deals with the broad topic of competitive neutrality between public and private enterprises. It discusses the role of competition authorities in establishing a level playing field and a level playing field for all operators. European, Asian and South African experiences are compared.

The fourth part is resolutely forward-looking. It analyses regional convergence efforts in Asia-Pacific and Latin America with regard to competition policy pursued. The authors identify several points of confluence that have already been found. Nevertheless, fragmentation of domestic systems remains in various areas. ASEAN suffers in particular from real divergences within its borders with regard to the apprehension of market power: there are profound differences with regard to dominance tests, as well as the thresholds for notifying concentrations. Several additional avenues for integration are therefore envisaged.

In the end, the merit of this book is twofold: first, it raises a large number of cross-cutting issues facing all competition authorities, and proposes avenues for reflection to answer them. But the richness of this study lies also and above all in its openness: the comparative analysis of many little-known national legal systems feeds the debate within our own systems and offers us new perspectives for evolution.

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Author

  • University Paris I Panthéon-Sorbonne

Quotation

Antonin Pitras, Global competition enforcement. New players, new challenges, Paulo BURNIER DA SILVEIRA and William Evan KOVACIC (dir.), May 2020, Concurrences N° 2-2020, Art. N° 94127, pp. 273-274

Publisher Wolters Kluwer

Date 23 October 2019

Number of pages 356

Visites 76

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