Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Slovenia 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 Slovenia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Competition policies have been based on a scholarly tradition focusing on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have ensured significant advances, to move beyond the traditional static models and the pre-occupation with price competition, to also consider the organization of industries in a dynamic context. This is especially important in the field of ICT network industries where competition centres on network effects, innovation and IP rights and the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is considered a number of considerations which arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This thesis considers the adequacy of existing EU competition policy for the area of ICT industries against findings of modern economic theory. To provide a benchmark for analysis the thesis looks at what characteristics of ICT markets, and the competitive processes they engender, ought to have an impact on formulating competition policy. The analysis of these concepts is necessary for a discussion as to how ICT markets and their competitive characteristics relate to the concepts and analytical framework of traditional competition policy. Particular attention is given to the implications of these dynamic markets on the competitive assessment and treatment of most common competitive harms in this area. These cover unilateral conduct (such as the nature of predation, tying and bundling etc), collective behaviour (such as cooperative standard setting, cross-licensing, platform joint-venturesetc), and mergers (such as the nature of competition - 'for' the market vs. 'in' the market and non- , horizontal mergers etc).