European Competition Law Annual 2012

Overall, this reflective and discursive book provides readers with criticism and analysis which are not found elsewhere. This book is well worth reading as it provides a tremendous insight into how the law and practice are likely to evolve in regard to public and private enforcement of competition law. -- Dr Vincent J G Power * European Competition Law Review * This carefully edited volume has, as always, much to offer to students, practitioners and academics in the field of competition law and regulation. -- Dr Despoina Mantzari * World Competition *

Philip Lowe is a Non-Executive Director of the UK Competition and Markets Authority. He was Director-General of DG Competition from 2002 to 2010, and Director-General of DG Energy from 2010 to 2013. During his tenure at the European Commission from 1973 to 2013 he also held several other senior administrative posts. Mel Marquis is Part-time Professor of Law at the European University Institute and Professore a contratto at LUMSA University in Rome. He is Co-Director of the Rome Antitrust Forum and an editor on the board of Mercato Concorrenza Regole. He has practised as an attorney in the United States and Belgium.

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 Neer the Twain Shall Meet? VII Robert D Anderson and Anna Caroline Mller, 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 Kjlbye, 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 Vlcker, 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 Rgibeau, 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 Kllike Jrime, 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