European Competition Law Annual 2010

Every year, top-level market regulators, academics and legal and economic practitioners contribute to the Annual Competition Workshop organised at the European University Institute in Florence. The Co-Directors of the Workshop are Philip Lowe, Mel Marquis and Giorgio Monti.

Workshop participants address and critically analyse a particular set of topical issues in the field of competition law and policy. The proceedings are published in Hart's European Competition Law Annual series.

This is the fifteenth in the ECLA series. It encompasses numerous chapters that examine the field of merger control from a variety of perspectives. In these chapters the contributors discuss legal and economic issues of substantive analysis, procedure, comity and best practices, as well as matters relating to the litigation of merger cases, particularly before the European Courts. The discussion also benefits from the perspectives of policy makers and experts from Canada, China, Japan, Korea, the United States and other jurisdictions and regions.

Authors contributing to this book include:

John Boyce Calvin Goldman Andreas Mundt
Rachel Brandenburger Klaus Gugler Lars-Hendrik Röller
Jochen Burrichter Barry Hawk Tadashi Shiraishi
Maher Dabbah Scott Hemphill Irwin Stelzer
Thomas Deisenhofer Seonghoon Jeon James Venit
Götz Drauz William Kovacic Sven Völcker
Kirsten Edwards Mel Marquis Vanessa Yanhua Zhang
Adam Fanaki Abel Mateus Xinzhu Zhang

List of Sponsors
List of Participants
Introduction – Regulating Mergers: Substantive and Procedural Issues, Judicial Review, International Convergence and Best Practices
Mel Marquis
Introduction to the Workshop
Presentation
Written contribution
Irwin Stelzer, Merger Policy and Schumpeter's Creative and Destructive Gale
Panel 1
Merger enforcement across jurisdictions: Substantive issues (market definition, entry barriers/potential competition, unilateral/coordinated
effects, innovation, efficiencies)
Written contributions to Panel
Kirsten Edwards, Estimating Diversion Ratios: Some Thoughts on Customer Survey Design
C. Scott Hemphill, Higher Profits as a Merger Defense: Innovation, Appropriability and the Horizontal Merger Guidelines
Barry Hawk, A Tale of Two Cities: Washington and Brussels Face the Courts
Lars-Hendrik Röller, Efficiencies in EU Merger Control: Do They Matter?
Panel 2
Merger policy assessment and judicial review
Written contributions to Panel 2
Tomaso Duso, Klaus Gugler and Florian Szücs, Merger Policy Evaluation: Where Do We Stand?
James S. Venit, The Scope of EU Judicial Review of Commission Merger Decisions
Panel 3
Merger enforcement across jurisdictions: Procedural issues
Written contributions to Panel 3
Sven Völcker, Dare to Defer? Towards Greater Procedural Efficiency in Multijurisdictional Merger Remedies
Ian S. Forrester, Post Plures Unum: Streamlining and Simplifying Merger Procedures in an Era of Multijurisdictional Merger Filings
Calvin S. Goldman, Contemporary US-Canada Crossborder Merger Review: Tradeoffs in Policy Objectives between Harmonization, Simplification and Accountability
Panel 4
International convergence: Substantive and procedural issues and the scope for comity
Written contributions to Panel 4
Andreas Mundt and Andreas Bardong, Comity, Cooperation and International Convergence – Recent Developments in German Merger Control
Thomas Deisenhofer, International Cooperation in Merger Cases – An EU Practitioner's Perspective
Rachel Brandenburger, Promoting International Convergence: Substantive and Procedural Challenges – the Scope for Comity
William Kovacic, International Convergence: Assessing the Quality of Horizontal Merger Enforcement
Adam Fanaki, Convergence in Multi-Jurisdictional Merger Reviews: A Canadian Perspective
Tadashi Shiraishi, Effects on Domestic Purchasers: A Descriptive Theory for Competition Law in Cross-Border Cases
Etsuko Kameoka and Mel Marquis, Recent Developments in Japan's Merger Control System
Seonhoong Jeon, International Convergence and Recent Korean Experiences in Merger Control
Xinzhu Zhang and Vanessa Yanhua Zhang, China's Merger Control Policy: A Three-Year Milestone
Abel Mateus, The New Brazilian Merger Control Regime
Maher Dabbah, Merger Control in Middle Eastern Countries: A Perspective on Challenges and Opportunities
Panel 5
Merger control and best practices
Written contributions to Panel 5
John Boyce, Best Practice in Merger Control: It Ain't What You Do It's the Way That You Do It … And That's What Gets Results
Jochen Burrichter and Manuel Zandt, Merger Control and Best Practice
Götz Drauz, Promoting Best Practices within and among Competition Authorities and with Business

“De landen die in dit panel aan bod komen zijn zeer uiteenlopend, van de 'usual suspects' tot het Midden-Oosten, China en Korea. Dat maakt de bijdragen fascinerend en divers.
(Translation: The countries that are discussed range from the 'usual suspects' to the Middle East, China and Korea. This makes the contributions fascinating and diverse.)
” –  SEW – Tijdschrift voor Europees en economisch recht