The past decade has been a time of great upheaval for transatlantic competition policy. This is evident in the United States (at the federal and state levels), the European Union, and the United Kingdom. With the reinvigoration of antitrust policy has come a reinvigoration of antitrust economics, which has been increasingly prominent in the reasoning of regulators and courts. This volume chronicles key flashpoints in this process, from an economics point of view. It provides 18 contributions from leading antitrust economists involved in recent groundbreaking merger, monopolization and anticompetitive-agreement cases on both sides of the Atlantic.

This book focuses on the triangular relations between China, the United States and the European Union from the perspective of the Belt and Road Initiative (BRI) via the methodology of international political economy. China, the US and the EU are the three most important players in international politics and the global economy, and their relations are accordingly among the most influential in the global arena. This book will argue that the interactions between China, the US and the EU are highly dynamic given their close connections in trade, finance and many other economic fields. In the context of US-China competition, the decisions of the EU, which has sought to remain independent in its foreign policy for decades, crucially shape the landscape of international politics, and lucidly articulates how international relations look from China to scholars of geopolitics.

This book confronts and analyses how competition law in its present form is unable to deal with the new advances in digital technology that have made tech giants not subject to national jurisdictions as they straddle the world, with a particular focus on Japan, China, UK, EU and USA. Demonstrating how the gatekeeping role of digital platforms has broken through the boundaries of national regulation, this book highlights examples where companies have broken and infringed antitrust law with impunity, pursuing self-preferencing and unfair competition practices solely for their own profitability. It also identifies how tech giants can open their digital platforms for fair use by consumers, small and medium enterprises (SMEs), and creators ,while still allowing tech giants to maintain their important role as gatekeepers of digital security that protects users from cyberattacks. This is followed by an examination of the similarities between tech giants and big pharma within the competition law and intellectual property context, revealing how tech giants are beginning to target the healthcare sector.

Can we regulate something that doesn't exist yet? Can Europe create its own Silicon Valley? Who gets to create technological value in today's world? Whatever happened to the once-flourishing idea of rags to riches? Will new and exciting innovations only ever come from big tech companies? Can the EU establish its own flexible framework for boosting innovation, e.g. by facilitating the transformative use of technologies and data? This book seeks to answer these questions by exploring the differences in copyright culture in Europe and the United States, with its flexible fair use framework. The findings are anything but obvious, and decades of case law on both sides of the Atlantic tell a story of judges going to great lengths to deal with new challenges while navigating the imperfections of statutory law - both where it is too broadly formulated and where it is too prescriptive. How can the population's creative potential best be fostered? What do software innovations have in common with the evolution of living organisms? What are the vulnerabilities of distributed creativity?

The global battle among the three dominant digital powersthe United States, China, and the European Unionis intensifying. All three regimes are racing to regulate tech companies, with each advancing a competing vision for the digital economy while attempting to expand its sphere of influence in the digital world. In Digital Empires, her provocative follow-up to The Brussels Effect, Anu Bradford explores a rivalry that will shape the world in the decades to come

This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law,  and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important playerin multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.

This book fosters critical reflection on Europe's place in a fast-changing global environment, covering the soft and hard facets of EU power along the spectrum of low politics-high politics. Taking an innovative case-study approach, it provides a wide understanding of European Studies and International Relations beyond classical power considerations and addresses the crossroads of the two disciplines. Fundamentally, it addresses the specificity of the EU as an actor in International Relations and shows that the EU holds power and influence - creating opportunities for peace-making and peace-building - in a way classical IR theory would suggest it should not.

This book looks at the evolution of the role of Europe in US grand strategy, and unpacks how US administrations have instrumentalized this relationship in pursuit of extra-European objectives. The work considers geopolitical pressures in conjunction with leaders' strategic ideas to provide an account of the evolution of the role of Europe in the context of US grand strategy. Observers generally agree on the vague notion that Europe has been de-prioritized in Washington's external affairs. Against this background, the book makes the case that such de-prioritization of Europe in the context of US grand strategy also entails a reconceptualization of the transatlantic relationship, namely as a region featuring long-standing relationships that can at times be leveraged in pursuit of non-European goals. The United States has a long history of seeking European support or acquiescence for its role as the leader of the international system, but whereas during the Cold War Washington enlisted its European allies in a grand strategic struggle against a European power, more recently, it has sought to enlist European allies in extra-European struggles of different types.

How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The EU in Comparative Perspective addressesthese questions. It offers a comparative analysis of the constitutional framework in which foreign relations are conducted in four federal unions: the United States, Canada, Belgium, and the European Union. The EU takes up a special position in the book. Over a decade since the Treaty of Lisbonentered into force, the EU's foreign affairs constitution continues to evolve. New institutional practices emerge and cases continue to be brought before the Court of Justice of the European Union. The pace of constitutional change is fast, and there is a sustained need for critical and constructivelegal analysis of that change. By comparing the constitutional experience of the EU to that of other federal unions, Foreign Relations Federalism contributes to fulfilling this need.

The book provides a clear picture of how the legal systems in China, Germany, UK and the US resolve the common problem of patent infringement threats from various perspectives including statutes and judicial practice. Comparing these jurisdictions at a micro-level, Zheng assesses the principle of proportionality that assists in the critical evaluation of the approaches used in the investigated legal solutions, namely the intellectual property approach and the unfair competition approach. Ultimately, Zheng suggests a general rule for dealing with unjustified threats of patent infringement, fitting into the legal framework of the Paris Convention.

This book provides insights on the art of governing a state and managing its external relations from a wealth-power logic. It looks at "economic statecraft", which consists of wealth production, wealth mobilization, and wealth-power conversion by a state. This book reconceptualizes what economic statecraft is and proposes a new theory focused on wealth-power conversion. With a long historic perspective, this book goes through the modern history of Western powers practicing economic statecraft since 1500, and presents three case studies, the United States, the European Union, and China, the three biggest users of economic statecraft in the contemporary world.

In today's evolving democratic landscape, "The Perils of Populism: The End of the American Century" offers an extensive investigation into the phenomenon of populism and its potential threats to U.S. democracy. Esteemed contributors and long-time populism observers provide historical and analytical insights, delving into the personalization of political conflicts, the cultivation of populist politics, and the propensity for insults and violence within the realm of American politics. This thought-provoking volume presents a comprehensive analysis of the American system of government and presidency, shedding light on the influence of tribalism, cronyism, nepotism, and the utilization of masculinist identity politics. Through illuminating examples and incisive narratives, the book explores key principles, highlights the complexities of the American political landscape, and offers constructive recommendations to address the challenges posed by plutocratic or authoritarian populism. The book serves as an invaluable resource for researchers, scholars, and practitioners worldwide, transcending geographical boundaries. It uncovers the interplay between populist forces and anti-democratic tendencies, providing a deeper understanding of the current state of democracy and the urgent need for political reforms.

Intraduisible littéralement, le private enforcement est, par commodité, assimilé au contentieux subjectif et à l’action civile des victimes qui souhaitent obtenir réparation. Pourtant, son appréhension dans le contexte culturel et juridique américain comme dans celui de l’Union nuance cette assimilation traditionnelle. Ce concept se conçoit à l’origine aux États-Unis comme un mécanisme de contribution des particuliers à la réalisation du droit fédéral. Par la consécration d’un droit d’action en justice, le Congrès cherche à assurer conjointement l’effectivité de la protection personnelle du requérant et celle des règles fédérales. Si cette logique fonctionnelle a trouvé un écho particulier en droit de l’Union depuis l’arrêt Van Gend en Loos de 1963, elle implique néanmoins des adaptations aussi bien substantielles que procédurales dans les droits nationaux.

Operating alongside public enforcement, private enforcement deters anticompetitive conduct and compensates the victims of competition law breaches, empowering them to vindicate their rights against companies. Approaches to private competition enforcement differ vastly across jurisdictions, further complicated by a diversity of tort and procedural laws. Given that many anticompetitive practices are transnational in nature, understanding how private competition claims are dealt with in different jurisdictions is essential. Pedro Caro de Sousa's monograph offers the first comprehensive and truly international overview of private competition enforcement. Across two sections, Caro de Sousa breaks down the main constituent elements of private enforcement and compares the ways in which each element is implemented across the main jurisdictions, particularly in the US and the EU. The book's first section supplies a general overview of the topic, including a discussion of the relationship between public and private enforcement. The second section looks in more detail at the key elements of a private enforcement system, such as the judicial mechanisms for obtaining private redress for competition harm; practical solutions for ensuring effective enforcement; and the main economic methods that may be used to calculate damages arising from an infringement of competition law.

This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences. Bringing together contributions from authoritative legal and economic experts, it provides an in-depth analysis of foundational legal and economic principles which guide the Research Handbook's exploration of the concept and prohibition of abuse of a dominant position.

The Routledge Handbook of Transatlantic Relations is an essential and comprehensive reference for the regulation of transatlantic relations across a range of subjects, bringing together contributions from scholars, policy makers, lawyers and political scientists. Future oriented in a range of fields, it probes the key technical, procedural and policy issues for the US of dealing with, negotiating, engaging and law-making with the EU, taking a broad interdisciplinary perspective including international relations, politics, political economic and law, EU external relations law and international law and assesses the external consequences of transatlantic relations in a systematic and comprehensive fashion. The transatlantic relationship constitutes one of the most established and far-reaching democratic alliances globally, and which has propelled multilateralism, trade regulation and the EU-US relationship in global challenges. The different contributions will propose solutions to overcome these problems and help us understand the shifting transatlantic agenda in diverse areas from human rights, to trade, and security, and the capacity of the transatlantic relationship to set new international agendas, standards and rules.

This book analyzes the intellectual property protection regimes in the EU and the U.S. available for three categories of subject matter that are often considered as requiring sui generis protection, namely, databases, designs and plant varieties. One of the main objectives is to evaluate whether the chosen subject matter in fact requires sui generis intellectual property protection and whether the introduced sui generis regimes have proved to be successful over time. The final chapter of this book analyses the perspectives of sui generis intellectual property protection for works generated by AI systems.