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Global Competition Enforcement

New Players, New Challenges

Edited by Paulo Burnier da Silveira & William Evan Kovacic

In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries.

The following aspects of the subject and more are examined in depth:

• the interface between antitrust and anti-corruption;
• the digital economy’s challenges to competition authorities;
• convergent aims and rules among different competition authorities;
• regional organizations with competition mandates;
• competition neutrality and state-owned enterprises; and
• leniency programmes.

Although necessarily there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities in five continents including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions.

Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations. Antitrust lawyers, corporate counsel and interested academics as well as policymakers will benefit immeasurably from this book’s wealth of informative detail.

 

William Evan Kovacic is currently a professor of Global Competition Law and Policy at George Washington University, where he is also director of the Competition Law Center. He is a Non-executive Director of the United Kingdom s Competition and Markets Authority. Before joining the GW Law School in 1999, he was the Commissioner of Federal Trade Commission (FTC) from January 2006 to October 2011 and served as Chairman from March 2008 until March 2009. Previously, Professor Kovacic was the FTC s General Counsel from 2001 through 2004, and he also worked for the Commission from 1979 until 1983, initially as a staff attorney in the Bureau of Competition s Planning Office and later as an attorney advisor to former Commissioner George W. Douglas. Before he became a Commissioner, Kovacic was the E.K. Gubin Professor of Government Contracts Law at George Washington University Law School, where he began teaching in 1999. He had taught at the George Mason University School of Law since 1986, after practicing antitrust and government contracts law for three years at Bryan Cave s Washington, DC, office. Earlier in his career, Prof. Kovacic spent one year on the majority staff of the US Senate Judiciary Committee s Antitrust and Monopoly Subcommittee. Since 1992, Prof. Kovacic has been an adviser on antitrust and consumer protection issues to the governments of Armenia, Benin, Egypt, El Salvador, Georgia, Guyana, Indonesia, Kazakhstan, Mongolia, Morocco, Nepal, Panama, Russia, Ukraine, Vietnam, and Zimbabwe. Kovacic received a bachelor degree from Princeton University (1974) and a law degree from Columbia University (1978). Paulo Burnier da Silveira is a Law Professor at the University of Brasilia (UNB) where he teaches Commercial and Competition Law. He worked at the Brazilian Competition Authority (CADE) as Commissioner (2015-2019) and as Head of its International Unit (2011-2015). He holds a PhD from the University of Paris, a LL.M from the Catholic University of Lisbon and a LLB from the Catholic University of Rio de Janeiro.