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Antitrust and the Bounds of Power – 25
Years On

Antitrust and the Bounds of Power – 25 Years On

1. Introduction: The Dilemma of Liberal Democracy in the History of the Market: A New Look 
Oles Andriychuk (Newcastle University, UK)
 
PART I
COMPETITION POLICY: NEW WORLD? NEW MISSION?
2. Antitrust and the Rebound of Power: Reimagining Antitrust Cosmopolitanism 
Eleanor M Fox (New York University, USA)
3. Ensuring Market and State Accountability: The Private?Public Distinction in the EU Internal Market
Miguel Poiares Maduro (Católica Global School of Law, Portugal)
4. The Boundaries of Antitrust in the European Union 
Giorgio Monti (Tilburg School of Law, the Netherlands)
 
PART II
COMPETITION LAW ENFORCEMENT
5. ‘Consumer Welfare’ and the EU Courts: An Unexpected Refuge for a Persecuted Concept? 
Assimakis Komninos (White &amp; Case LLP, Brussels, Belgium)
6. Antitrust and the Golden Th read: Balancing the Presumption of Innocence with the Public Interest in Competition Enforcement 
Niamh Dunne (London School of Economics, UK)
7. Procompetitive Effects in EU Competition Law 
Stavros Makris (University of Glasgow, UK)
 
PART III
THE CONCEPT OF POWER
8. Preserving the Bounds of Power: The Narrow Path to a Future-Proof Competition Policy 
Ginevra Bruzzone (LUISS School of European Political Economy, Italy)
9. Digital Antitrust and Private Powers: The (Uneasy) Case of Marketplace Platforms 
Roberto Pardolesi (LUISS School of European Political Economy, Italy)
10. Revisiting the Concept of Power in the Digital Era 
Anna Gerbrandy (Utrecht University, the Netherlands)
11. Afterword 
Giuliano Amato (President of the Constitutional Court of Italy)

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Code of Federal Regulations, Title 46 Shipping

Title 46 presents regulations applied by the Coast Guard to merchant marine officers and seamen, uninspected vessels, tank vessels, load lines, marine engineering, documenting and measuring vessels, passenger vessels, cargo and miscellaneous vessels, offshore supply vessels, mobile offshore drilling units, electrical engineering, small passenger vessels, oceanographic vessels, occupational safety and health standards, and lifesaving systems. Maritime Administration regulations cover policies, practices and procedures, maritime carriers, subsidized vessels, vessel financing assistance, emergency operations, training, and ports. The Maritime Commission also holds the responsibility for maritime carriers, terminals, tariffs, domestic offshore commerce, and foreign commerce.

Code of Federal Regulations, Title 46 Shipping 166-199, Revised as of October 1, 2025

Code of Federal Regulations, Title 42 Public Health

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 42 Public Health 400-413, 2025

Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 42 Public Health 414-429, 2025

Constitutionalism in Asia

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Cold War History

This book is an&nbsp;historical investigation into the role of the European Community in the overcoming of the East-West divide during the Cold War.

Challenging the Cold War Order in Europe

The European Community and Eastern Europe in the Long 1970s

Hart Studies in Constitutional Law

Making and Amending the Constitution

This book presents cutting-edge analysis of one of the most significant constitutional crises in recent British history: the prolonged and intense struggle between government and parliament for control over Brexit. It argues the crisis was very largely caused by the emergence of an Executive-centric approach to governance it dubs 'Whitehall Plus', and the strong parliamentary-push back it both provoked and responded to. The book shows how the crisis exposed and widened deep fault-lines running through core doctrines and practices of the British constitution - profound disagreements long held unresolved and in abeyance, but which exploded into high-octane conflict during the period.

How Brexit Revealed Deep Fault-Lines in the British Constitution

Constitutional Fracture

Code of Federal Regulations, Title 46 Shipping 156-165, Revised as of October 1, 2025

This book provides the most complete history of the Regency Acts and Counsellors of State ever undertaken. Using documents from the National Archives, the book outlines why the position was created in the early 20th century, how the question of a regency and Counsellors of State became entangled with the abdication of Edward VIII, and how the position became a crucial feature of the reign of Elizabeth II. Counsellors of State were a little-known part of the constitutional monarchy. Yet, recently, the role has attracted public scrutiny as Princes Harry and Andrew remain Counsellors despite their withdrawal from public life. Counsellors can deputise for the monarch when they are overseas or unwell, ensuring that the monarchy can continue to fulfil its constitutional functions. The book explains the role of Counsellors and the legal and practical problems surrounding their functions. It also discusses the problems with how the Regency Acts provide for a regent. The reign of Charles III raises important questions both for the present and the future. The King is known to favour a "slimmed down", more flexible, modern monarchy. Reforming the positions of Counsellors of State and regent could be part of this. Should the position be used to smooth the transition to William V? Should the British monarchy follow examples from other monarchies in Europe and allow a monarch to retire with the heir to the throne acting as regent? The book concludes with suggested reforms to ensure that the modern monarchy continues to fulfil its constitutional duties.

Regency, Counsellors of State, and the Future of the Modern Monarchy

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

Antitrust and the Bounds of Power – 25 Years On

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