International Investment Law and Competition Law

ISBN-13: 9783030339180 / Angielski / Miękka / 2021 / 286 str.

Katia Fach Gómez; Anastasios Gourgourinis; Catharine Titi

Recenzje

"The book provides a deep understanding of the clashes and overlaps between competition law and international investment law. ... The broad spectrum of topics presented, together with the book's consistency and clarity, makes it a welcome and timely addition to the international legal literature. It constitutes a useful reference for both academics and practitioners who seek guidance on the intricate clashes and overlaps between international investment and competition law." (Federica Cristani, ICSID Review, September 2, 2021)

Spis treści

Friedl Weiss, Quest for a Sustainable International Investment Regime: Leveling Up Through Competition (Policy) Rules?.- Marc Bungenberg and Fabian Blandfort, International Investment Law and Public Procurement – An Overview.- Lukas Vanhonnaeker, The Impacts of Local Equity Requirements on Competition.- Phil Baumann, When State Enterprises Have Deeper Pockets: Ensuring Competitive Neutrality in Cross-Border M&A.- Gustavo Prieto, The Review of National Competition Authorities’ Acts in Investment Arbitration: Setting Limits to ‘Economic Lawfare’ in the 21st Century.- Belen Olmos Giupponi, Are Market Competition and Investment Protection Incompatible in the EU Energy Sector?.- Karsten Nowrot and Emily Sipiorski, Stipulating Investors’ Obligations in Investment Agreements as a Suitable Regulatory Approach to Prevent and Remedy Anti-Competitive Behaviour?.- Elena Belova, Anti-Competitive Investor Behaviour and Illegal Investments in Investment Treaty Arbitration.- Paschalis Paschalidis, The Impact of EU State Aid Law on International Investment Law and Arbitration.- Millán Requena Casanova, The Complex Relationship between Competition Law and Investment Arbitration after Achmea: The Novenergía v. Spain Case.- Sébastien Manciaux, Using GATS Article II to Resort to Investment Arbitration.- Krystle M. Baptista and Bianca M. McDonnell, The Use of Evidence Obtained through a State’s Special Antitrust Powers in Investment Arbitration.- Thomas Cottier, Competition and Investment: The Case for 21st Century WTO Law.

Blurb

This EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.