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1 ANNUAL PROCEEDINGS OF THE FORDHAM CORPORATE LAW INSTITUTE INTERNATIONAL ANTITRUST LAW & POLICY This volume contains articles and panel discussions delivered during the Thirty-first Annual Fordham Corporate La^ Institute Conference on International Antitrust Law & Policy in New York City on October 7 and 8,2004. Editor Barry E. Hawk Fordham Corporate Law Institute 2005 Juris Publishing, Inc.
2 SUMMARY TABLE OF CONTENTS Foreword Summary Table of Contents Table of Contents iii vii xv Chapter 1 THE UK MARKET INQUIRY REGIME " Paul A. Geroski Chapter 2 HARMONISATION AND ITS LIMITS David Lewis Chapter 3 CURRENTISSUES IN INTERNATIONAL ANTITRUST ENFORCEMENT R. Hewitt Pate 17 vn
3 viii FORDHAM CORPORATE LAW INSTITUTE Chapter 4 INTERNATIONAL ANTITRUST PERSPECTIVES ROUNDTABLE Andrej Plahutnik 25 Chapter 5 CARTEL ENFORCEMENT: INTERNATIONAL AND CANADIAN DEVELOPMENTS Sheridan Scott 33 Chapter 6 WHERE JAPANESE COMPETITION POLICY IS GOING -PROSEPCT AND REALITY OF JAPAN Akinori Uesugi 57 Chapter 7 ANTITRUST PERSPECTIVES ROUNDTABLE A. Paul Victor, Presider Prof. Paul Geroski David Lewis Deborah P. Majoras Mario Monti R. Hewitt Pate Andrej Plahutnik Sheridan Scott Akinori Uesugi Panel Discussion 85
4 SUMMARY TABLE OF CONTENTS ix Chapter 8 ESSENTIAL FACILITY DOCTRINE AND INTELLECTUAL PROPERTY LAW: WHERE DOES EUROPE STAND IN THE AFTERMATH OF THE IMS HEALTH CASE? Dr. Ingo Brinker 137 Chapter 9 HYBRID LICENSING: GUIDELINES AND ANTICOMPETITIVE CONCERNS William J. Cotreau, Esq. and Thomas M. Jeon, Esq. 151 Chapter 10 ARTICLE 82: REMEDIES IN SEARCH OF THEORIES? Ian S. Forrester, QC 167 Chapter 11 A CANADIAN PERSPECTIVE ON INTELLECTUAL PROPERTY RIGHTS AND COMPETITION POLICY: STRIVING FOR BALANCE AND RELATED COMITY CONSIDERATIONS Calvin S. Goldman, Q.C., Richard F.D. Corley, and Crystal L. Witterick 195
5 x FORDHAM CORPORATE LAW INSTITUTE Chapter 12 UNITED STATES ANTITRUST POLICY IN AN AGE OF IP EXPANSION Herbert Hovenkamp Chapter 13 SPORT, INTELLECTUAL PROPERTY RIGHTS AND COMPETITION LAW Guy Leigh Chapter 14 SINGING IN TUNE WITH COMPETITION AND INNOVATION: THE NEW EU COMPETITION POLICY TOWARDS LICENSING Philip Löwe and Luc Peeperkorn Chapter 15 INTELLECTUAL PROPERTY AND ANTITRUST ROUNDTABLE Ian S. Forrester, Presider Dr. Ingo Brinker William J. Cotreau Calvin S. Goldman Prof. Herbert Hovenkamp William E. Kovacic Guy Leigh Philip Löwe Panel Discussion
6 SUMMARY TABLE OF CONTENTS xi Chapter 16 GETTING YOUR MULTI-NATIONAL DEAL THROUGH MULTIPLE NATIONAL COMPETITION AUTHORITIES Daniel P. Ducore 345 Chapter 17 MERGER CONTROL IN COMESA MEMBER STATES: APPROACH AND PRACTICE George K. Lipimile 355 Chapter 18 UNITED STATES FEDERAL ANTITRUST MERGER "SOLUTIONS," NOT "REMEDIES" lames R. Loftis, III and Danielle K. Moskowitz 387 Chapter 19 MERGER REMEDIES IN A NEW ERA OF EC MERGER CONTROL Michael J. Reynolds and Richard Burnley 397
7 xü FORDHAM CORPORATE LAW INSTITUTE Chapter 20 MERGERS REMEDIES ROUNDTABLE Frederic Jenny, Presider Götz Drauz Daniel P. Ducore Prof. Eleanor M. Fox George K. Lipimile James R. Loftis, III Michael J. Reynolds Panel Discussion 451 Chapter 21 THE RESPECT OF FUNDAMENTAL RIGHTS WITHIN THE EUROPEAN NETWORK OF COMPETITION AUTHORITIES Marcos Araujo Chapter 22 COLLATERAL CONSEQUENCES OF EXPANDED EUROPEAN ANTITRUST INVESTIGATIVE AUTHORITY FOR DEFENDANTS IN U.S. PROCEEDINGS John J. Curtin, Jr., Daniel S. Savrin and Brandon L. Bigelow 511 Chapter THE NEW ENFORCEMENT SYSTEM FOR ARTICLES 81 AND 82 AND THE RIGHTS OF DEFENCE Kris Dekeyser and Celine Gauer 549
8 SUMMARY TABLE OF CONTENTS xiii Chapter 24 LEGAL PROFESSIONAL PRIVILEGE IN COMPETITION PROCEEDINGS BEFORE THE EUROPEAN COMMISSION: BEYOND THE CURSORY GLANCE Eric Gippini-Fournier 587 Chapter 25 THE USE OF COMPELLED EVIDENCE IN EUROPEAN COMPETITION LAW CASES Gerard Hogan 659 Chapter 26 THE COMMISSION'S NEW POWER TO QUESTION AND ITS IMPLICATIONS ON HUMAN RIGHTS James S. Venit and Tero Louko 675 Chapter 27 LEGAL PROFESSIONAL PRIVILEGE AND THE PRIVILEGE AGAINST SELF-INCRIMINATION IN EC LAW: RECENT DEVELOPMENTS AND CURRENT ISSUES Bo Vesterdor 701
9 xiv FORDHAM CORPORATE LAW INSTITUTE Chapter 28 RIGHTS, PRIVILEGES, AND ETHICS IN COMPETITION CASES ROUNDTABLE James S. Venit, Presider Marcos Araujo Boyd John J. Curtin, Jr. Kris Dekeyser Eric Gippini-Fournier Dr. Gerard W. Hogan Bo Vesterdorf Panel Discussion 731
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