European Competition Law Annual 2012: Competition, Regulation and Public Policies

This volume contains papers presented at the 17th Annual EU Competition Law and Policy Workshop, organized by Philip Lowe and Mel Marquis and held at the European University Institute on 13-14 July 2012. From a variety of angles the book explores the themes of competition, regulation and certain public policies; their interactions; and, in some cases, their mutual tensions. The authors of the various chapters consider legal and economic issues relating to network industries, industrial, environmental and trade policies, and intellectual property and innovation policies, among others. Comparative views and the views of judges from different jurisdictions are provided, and techniques for mediating among different policy objectives and frameworks are discussed. Authors contributing to this book include: Rafael Allendesalazar, Robert D Anderson, Marco Boccaccio, Ginevra Bruzzone, Cristina Caffarra, Alexandre de Streel, Ian Forrester, Douglas Ginsburg, Geert Goeteyn, Calvin Goldman, Daniel Haar, Kullike Jurimae, Suzanne Kingston, Lars Kjolbye, Paul Lugard, Mel Marquis, Veljko Milutinovic, Giorgio Monti, Anna Caroline Muller, Rosa Perna, Anthony Pygram, Philip Lowe, Pierre Regibeau and Jon Stern.

Introduction - Competition, Regulation and Other Public Policies: An Overview Mel Marquis and Vejlko Milutinovic Panel I Economic Context, Market Malfunction and Public Action Welcome Philip Lowe Panel II Between Competition, Regulation and other Public Policies Written contributions to Panel II I Giorgio Monti, Regulatory Holidays in Utilities Regulation and EU Competition Law: A Case study on the Role of Efficiency Considerations in Economic Law II Anthony Pygram, Competition, Regulation and Other Public Policies in the UK Energy Sector III Geert Goeteyn, Regulation and Competition in the Aviation Sector: Focus on Airline Content and Global Distribution Systems IV Jon Stern, A Market Design for Water Trading in England and Wales: The Role of Water Rights V Rafael Allendesalazar, Does Merger to Monopoly Become Efficient When it Refers to Sector Regulators and the Competition Authority? VI Suzanne Kingston, Competition and Environmental Protection: A Case of Ne'er the Twain Shall Meet? VII Robert D Anderson and Anna Caroline Muller, Competition Policy and the Multilateral Trading System: Three Propositions,and Observation and Some Questions for Reflection Panel III Unilateral conduct in post-liberalization markets Written contributions to Panel III I Alexandre de Streel, The Antitrust Activism of the European Commission in the Telecommunications Sector II Lars Kjolbye, Enforcement of Article 102 TFEU in the Energy Sector III Ginevra Bruzzone and Marco Boccaccio, The Boundaries of Legitimate Conduct in Post-Liberalization Markets Panel IV Technology and Standard-essential Patents Written contributions to Panel IV I Calvin Goldman, Julie Soloway and David Dueck, Competition Policy and Technology Markets: A Canadian Perspective II Paul Lugard, Innovation in the Domain of EU Competition Law Enforcement: Blowing in the Wind? III Sven B Voelcker, Promises, Promises ... Law and Policy Considerations with Respect to the Application of Article 102 TFEU to FRAND-Encumbered Standard-Essential Patents IV Cristina Caffarra and Pierre Regibeau, Patent Explosion and Patent Wars: Hold-Up, Royalties and Misunderstandings over `Market Value' Panel V The Role of Courts. Reconciling Competition, Non-competition and Constitutional Imperatives Written contributions to Panel V I Kullike Jurimae, The Interaction between EU Transparency Policy and the Enforcement of EU Competition Law: Who Should Strike the Balance and How Should it be Struck? II Rosa Perna, The Role of Courts in Reconciling Competition, Non- Competition and Constitutional Imperatives: The Italian Experience III Douglas H Ginsburg and Daniel E Haar, Resolving Conflicts between Competition and Other Values: The Roles of Courts and Other Institutions in the US and the EU IV Ian S Forrester, Competition Law and Public Policy Considerations Conclusions Philip Lowe