Chillin'Competition

Chris Townley has just published a promising book entitled “Article 81 EC and Public Policy” (Hart Publishing).  I paste below the author’s description of his book.

The book explains how some of the most complex competition law cases can be understood. It also offers a framework for those fighting or deciding such cases in the future.  The argument comes in three parts. First, from a theoretical perspective, Part A discusses whether public policy considerations (such as public health or the environment) should be considered in European competition law. Contrary to the mainstream view, it concludes that this should sometimes happen. Then, Part B shows that, surprisingly for some, the ECJ/CFI and Commission regularly consider public policy in both Article 81(1) and 81(3) EC. I also explain how these decision-makers do this (including by distorting the consumer welfare analysis). Finally, Part C notes the incoherence of the case law described in Part B, and suggests ways to consider public policy that are more in line with the EC Treaty and also respect competition policy’s integrity. As such, it will be of interest to European competition lawyers, both academics and practitioners (furnishing them with a framework for hard cases), as well as students, seeking a deeper understanding of how the European competition rules work and how they interact both with European Union and Member State public policy goals. It will also help competition economists by revealing the mechanisms through which public policy considerations impact upon the consumer welfare test in European law.

Happy to do a  review, if the publisher sends me a copy.  And congratulations to the author.