This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights. It is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.

Competition, or Antitrust, law is now a global phenomenon. It operates in more than 100 countries and the relationships among competition law systems are often complex and opaque. Competition law is also new to many countries, which creates uncertainty about how decisions will be made in these jurisdictions. This makes it critically important to understand both the similarities and differences among the systems and the relationships between them. A succinct introduction, this title breaks down the complicated and foreboding topic of competition law. Divided into four parts, this book covers the elements of competition laws, its decisions, targets, and globalization and the future of competition law. It also provides global context by looking at competition law in the US, Europe, and growing markets like Asia and Latin America. This title covers the most pressing issues of competition law in an informative and concise way. Drawing on his lifetime of global experience and research, David J. Gerber's Competition Law and Antitrust is an essential tool for anyone interested in competition or antitrust law.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Japan covers every aspect of the subject-the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

As the debate on health care delivery systems in the U.S. continues, the pharmaceutical industry and pharmaceutical care delivery system may well be faced with making significant changes if new drug regulations are enacted. Because there is little discussion on the effects of managed competition on the pharmaceutical care delivery system and the education of pharmacists, those involved in providing pharmaceutical care must arm themselves with the background information and ideas explored in Managed Competition and Pharmaceutical Care. The contributors to this vital sourcebook address these key questions: What are the major components of a managed competition system? What challenges will industry and the pharmaceutical care delivery system face? How should the industry re-engineer--using systems management as opposed to components management--to meet the needs of an evolving health care system? What actions should pharmaceutical companies take to survive difficult days in the future? Why and how should pharmacists move from dispensing drugs to providing total pharmaceutical care? What do employers want for their prescription benefit dollars? How have past and present initiatives to control drug pricing affected the pharmaceutical marketplace? Why is regulating prices not a satisfactory solution to containing health care costs? What criteria are used to determine whether to include a drug in a managed care formulary? How can community pharmacists compete in the marketplace, regardless of which health care system emerges? What is the future likely to bring and how can pharmacists prepare for that future? Managed Competition and Pharmaceutical Care assists those involved in the pharmaceutical care delivery system to prepare for and embrace new, or at the least, drastically changed health care delivery in the coming years.

In today's times, more and more companies pursue global sourcing strategies in some form and to some extent. The most prominent reason for the increased interest in global sourcing is the idea to benefit from factor cost differences between sourcing regions. However, recent research indicates that cross-border sourcing is no panacea to generate cost savings. There are situations in which international sourcing does not lead to the intended price reductions or even causes expensive backsourcing activities. Accordingly, the ambiguous image of global sourcing is the point of departure for the dissertation at hand. Thus, the main purpose of this thesis is to explore how global sourcing can contribute to a firm’s purchasing performance. The results indicate that the accumulation of social capital between the buying organisation and its international suppliers can increase the sourcing success. However, given the limited amount of resources for those intimate buyer-supplier relationships, close partnerships cannot be maintained with all suppliers. Consequently, the research at hand points in the direction that global sourcing can be a means to increase the intensity of competition in supply markets, facilitating the pursuit of more adversarial relationships.

The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence from international institutions. Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptions of influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and of consultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules. Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU, as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network. The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offer lessons for all interested in competition law and global governance.

Which political and institutional factors trigger reforms that enable the poor to benefit from the process of economic growth? How can the incentives of policy makers be influenced in order to achieve such a dynamic? These are the questions this study seeks to address by examining the transition process in post-communist countries. The author argues that political competition within an accepted and respected institutional environment has been a driving force in shaping the direction and success of transition reforms. Evidence shows that in countries with a sufficient degree of political competition, citizens responded to economic crises by calling for economic liberalization. Economic liberalization removed existing distortions, increased economic efficiency and raised public welfare. This activated a dynamic, self-enforcing reform process that also strengthened the political and economic power of the poor. In the absence of political competition, such a process failed to emerge, thereby contributing to the persistence of poverty. Based on these findings, there is good reason to postulate that some level of political competition is essential for transition reforms to improve economic efficiency and public welfare in a sustainable manner.