State-Initiated Restraints of Competition

Joseph Drexl, Vicente Bagnoli

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.

The contributions of leading competition law scholars cover state-initiated restraints of competition in many jurisdictions, including the US, the EU, Australia, and Asian and Latin American countries.

Competition and trade law scholars will find this book both relevant and insightful. Regulators and competition agencies, representatives of international organizations and competition law practitioners will also find this to be an invaluable resource of information from which they can take new inspiration.

‘The issue of competition law’s role in relation to state-owned enterprises is at the center of many discussions of competition law today, especially in regard to China, but in numerous other countries as well. Often the issue is oversimplified as one of mere opposition between state-owned enterprises and the objectives of competition law. That opposition exists, but the issues are often far more complex, and they involve fundamental current developments in the relationship between government and the economy. This book is masterful in identifying the range of issues involved and in analyzing the experiences and tensions in this relationship. It has a broad range, and several of the contributions are exceptionally insightful. All are very useful.’ – David Gerber, Illinois Institue of Technology, US

‘This book is an important and most welcome contribution to the study of state-initiated restraints on competition. It gathers together leading academics in order to recognize and suggest tools to ensure that such restraints do not restrict competition in a way which reduces welfare. Accordingly, the book provides important insights on how to identify such restraints in different settings, some of which are intentional and well recognized and some of which are not. It then suggests principled approaches to reduce such restraints, based, inter alia, on case studies from around the world, including Australia, India, the EU, the US and Brazil. It is highly recommended for anyone interested in the role states play in creating restraints on competition.’ – Michal S. Gal, University of Haifa, Israel

PDF Version


  • University of Paris I Panthéon-Sorbonne


Stéphane Rodrigues, State-Initiated Restraints of Competition, September 2015, Concurrences N° 3-2015, Art. N° 74852, p. 246

Publisher Edward Elgar

Date 27 April 2015

Number of pages 352

ISBN 978-1784714970

Visites 349

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