Economic Theory and Competition Law

Edited by Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich, Germany, Laurence Idot, Professor of Law, University of Paris II Panthéon-Assas and Joël Monéger, Professor of Law, University of Paris Dauphine, France

Contents:

Preface

PART I: THE GOALS OF COMPETITION LAW – A COMPARATIVE PERSPECTIVE
1. Economic Analysis in EU Competition Cases
Hans W. Friederiszick

2. Competition Law and the Institutional Embeddedness of Economics
David J. Gerber

3. The Goals of Japanese Competition Law
Shuya Hayashi

4. Efficiency of Competition Law in Economies of Transition

5. The Treatment of Efficiencies in South African Merger Consideration
Geoff Parr

PART II: THE STATUS OF EFFICIENCY ANALYSIS IN COMPETITION LAW
6. Should Competition Law Promote Efficiency? Some Reflections of an Economist on the Normative Foundations of Competition Law
Wolfgang Kerber

7. Competition Law Should Promote Economic and Social Welfare by Ensuring the Freedom to Compete – A Lawyer’s View
Roger Zäch

8. Appropriation of the Legal System by Economic Concepts: Should Conflicting Goals be Considered?
Anne Perrot

9. Competition Law and Public Policy: Reconsidering an Uneasy Relationship – The Example of Article 81
Heike Schweitzer

PART III: ECONOMIC ANALYSIS AND COMPETITION LAW IN PRACTICE
10. Restrictive Agreements and Unilateral Restraints: Merging Regimes on Market Power and Exclusion
Thomas Eilmansberger

11. Convergence of Competition Law Prohibitions: Foundational Issues
Michal S. Gal

12. Efficiencies in Merger Analysis: Alchemy in the Age of Empiricism?
Thomas L. Greaney

13. Efficiency in Merger Law: Appropriateness of Efficiency Analysis in Ex-ante Assessment?
Daniel Zimmer

14. Efficient and/or Effective Enforcement
Marie-Anne Frison-Roche

15. A Brief Overview of Some Conflicts between Economic Efficiency and Effectiveness of the Administrative or Judicial Process in Competition Law
Antoine Louvaris

16. Conflicts between Economic Efficiency and Effective Judicial Process
Muriel Chagny

PART IV: GUEST SPEECH
17. Efficiency in the Enforcement Policy of the French Conseil de la Concurrence
Bruno Lasserre

Index