The ultimate goal of competition law is to promote competition and, in most jurisdictions, to enhance consumer welfare. Competition policy may be set aside due to special and exceptional circumstances, such as a financial crisis that threatens the stability of an economy. It is therefore important to have a clear understanding of competition law and the exceptions to it. The key issue that this book addresses is whether a financial crisis can justify the adoption of a more lenient approach to established legal standards as a result of the risks of the systemic crisis to the entire market. It provides an analysis of exceptions to competition law and policy, particularly in the context of a financial crisis, explores the rationale of competition law in the light of conflicting interests, and serves as a valuable practical guide for policy makers as well as practitioners in the field.
Ioannis Kokkoris is a principal case officer/economic advisor at the Office of Fair Trading, a visiting Professor at Bocconi University, a visiting lecturer at City University Law School, London, and a visiting Fellow at Durham University. He is also an international consultant on competition policy for the Organisation for Security and Co-operation in Europe. Rodrigo Olivares-Caminal is Assistant Professor at the University of Warwick, where he specialises in insolvency and financial law. He is also a member of the editorial or advisory boards of several related journals and a member of various national and international institutions and associations specialising in comparative commercial and insolvency law.
1. Introduction: overview of the book; 2. Introduction to competition law: EU, UK and US; 3. Financial crises: roots and implications; 4. Failing firm defence: EU and US; 5. Efficiency defence: EU and US; 6. Crisis cartels; 5. State aids; 6. Competition enforcement in periods of crises; 7. Conclusion.