State-Initiated Restraints of Competition

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany and Vicente Bagnoli, Professor of Law, Mackenzie Presbyterian University – Law School, São Paulo, Brazil

Contents:

Preface

PART ISTATE-OWNED ENTERPRISES
1. Competitive Neutrality: Addressing Government Advantage in Australian Markets
Deborah Healey

2. Petrobràs: 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 Zuñiga Fernández

4. The Competition Dimension of the European Regulation of Public Sector Information and the Concept of an Undertaking
Josef Drexl

PART IIPRO-COMPETITIVE REGULATION
5. Deepening the Freedom of Services Through Pro-Competitive Regulation: The Case of the EU Services Directive
Maria Manuel Leitão Marques and Leonor Bettencourt Nunes

6. Abuse of Administrative Monopoly in China
Thomas K. Cheng

7. The Competition Policy Dimension of the Regulation of Water and Sanitation Services in Brazil
Gesner Oliveira

8. Pro-Competitive Regulation of Personal Data Protection in the EU
Simonetta Vezzoso

PART II 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. Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated Competition
Rudolph J.R. Peritz

PART IV 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