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  • 1.
    Iacovides, Marios
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    Marginal Consumers, Marginalised Economics: Whose Tastes and Habits Should the WTO Panels and Appellate Body Consider when Assessing 'Likeness'?2014In: Journal of World Trade, ISSN 1011-6702, E-ISSN 2210-2795, Vol. 48, no 2, p. 323-349Article in journal (Refereed)
    Abstract [en]

    In Philippines—Distilled Spirits, the Appellate Body of the WTO reaffirmed that the determination of ‘likeness’ in the GATT should be about the competitive relationship between products. A coherent methodology for the determination of ‘likeness’ has finally begun to emerge, with the same methodology having been adopted in the GATS (Panel Report, China—Electronic Payments) and the TBT Agreement (Appellate Body Report, US—Clove Cigarettes). Yet, mainstream as the adoption of competition law methodology for the finding of ‘likeness’ may have become as of recent, its implementation by the adjudicating bodies of the WTO is still inadequate, as demonstrated by the disputes examined in this article. One recurrent problem is the choice of whose consumers’ tastes and habits to take into account in the determination of ‘likeness’. As shown in the article, competition law has had to deal with the same problem and has developed ways to address common fallacies arising out of relying on evidence regarding the choices of groups of consumers without the groups having been shown to be economically significant. The analysis suggests that the shortcomings of the application of competition law methodology at WTO dispute settlement can be easily addressed in the short-term by raising the awareness of the WTO Members, panels, and the Appellate Body to them, and by turning to competition law for readily available solutions, while increasing the institutional capacity of the adjudicating bodies of the WTO in the long-term. 

  • 2.
    Iacovides, Marios
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    The Presumption and Quantification of Harm in the Directive and the Practical Guide2016In: Harmonising EU Competition Litigation - The New Directive and Beyond / [ed] Maria Bergström; Marios Iacovides; Magnus Strand, Oxford: Hart Publishing Ltd, 2016, 1, p. 295-313Chapter in book (Other academic)
  • 3.
    Iacovides, Marios
    et al.
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    Bergström, MariaUppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.Strand, MagnusUppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Social Sciences, Department of Business Studies.
    Harmonising EU Competition Litigation - The New Directive and Beyond2016Collection (editor) (Other academic)
    Abstract [en]

    This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a communication and practical guide to the quantification of harm in antitrust litigation and a recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2015, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics.

    With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. Section one presents the main policy issues and challenges, and section two places the new regime in the bigger picture of recent EU law developments. Section three investigates the nexus between private enforcement and transparency. Section four offers a comparative perspective by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.

  • 4.
    Iacovides, Marios C.
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
    A ‘More Economic Approach’ to WTO Law’s Relevant Market Definition, Trade Harm, and Quantification of Trade Effects and Countermeasures: A Normative Law and Economics Comparison with EU Competition Law2016Doctoral thesis, monograph (Other academic)
    Abstract [en]

    Having recently registered the 500th dispute at its docket, the WTO dispute settlement system is as prolific and relevant as ever. By almost any measure, it is a great success; it has contributed to bolstering the WTO’s legitimacy, increased the judicialisation of WTO Members’ trade relations, and promoted the scientification of public international law. With regard to the latter phenomenon, part of the empirical turn in WTO law is manifested as increasing reliance on economic theory and method, and econometric evidence in dispute settlement. Positive as that development may be due to the promise it holds for diminished judicial discretion, it increases complexity and poses questions as to the system’s capacity to administer WTO law in an efficient and effective manner, with implications for its legitimacy. Despite economics’ increased relevance, WTO law has not devised a way to implement a suitable response and its approach seems ambivalent. By contrast, EU competition law has undergone (arguably, successfully) a conscious transition to a 'more economic approach'. Could its experience provide guidance for the implementation of a more economic approach to WTO law, despite the two systems' institutional differences?

    This monograph compares WTO law and dispute settlement’s approach to economics with EU competition law’s more economic approach. The applied method is normative comparative law and economics and the relevant benchmarks adopted are administrability, effectiveness, and efficiency, taking into account legal certainty, predictability, consistency, coherence, clarity, deterrence, capacity, and the effects of judicial mistake.

    Three broad aspects of the two systems are compared: market definition and 'likeness', theories of harm and trade effects, and quantification in sanctions and remedies. Through detailed description of the two systems’ features and thorough evaluation according to the benchmarks, WTO law is shown to be less administrable, effective, and efficient than EU competition law. Explanations unrelated to the more economic approach are sought, but the majority are rejected.

    The monograph makes normative conclusions for WTO law’s improvement through the correct implementation of a more economic approach. Most importantly, it suggests increased capacity for all key actors in WTO dispute settlement and innovative ways to understand fundamental WTO concepts such as 'likeness', 'less favourable treatment', trade harm, trade effects, and the level of permissible countermeasures.

  • 5.
    Iacovides, Marios
    et al.
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. Bocconi University, Milan.
    Catti De Gasperi, Guendalina
    Montanaro, Francesco
    Castenada, Dora
    Zhuang, Wei
    Kassahun, Tilahun E.
    WTO Case Law in 20142015In: Italian Yearbook of International Law, ISSN 0391-5107, E-ISSN 2211-6133, Vol. XXIVArticle, review/survey (Refereed)
  • 6.
    Strand, Magnus
    et al.
    Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Social Sciences, Department of Business Studies.
    Bastidas Venegas, VladimirUppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.Iacovides, Marios C
    EU Competition Litigation: Transposition and First Experiences of the New Regime2019Collection (editor) (Other academic)
1 - 6 of 6
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